You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 24, 2016

Global Patent Litigation 2016 – Thailand Chapter

Kluwer Law

The 2016 update of Global Patent Litigation  provides a comprehensive overview of patent law and litigation in six jurisdictions. It covers how a patentee can enforce a patent and what pitfalls and remedies exist to make informed decisions when litigating. The Thailand chapter of the guide, written by lawyers at Tilleke & Gibbins, delves into applicable laws such as the Patent Act; entitlement; scope of protection including claims, descriptions, and drawings; direct and indirect infringement; defenses to infringement including invalidity, research-related exemptions, the Bolar exception, and licenses; bringing an infringement action in the IP&IT Court; limitation periods; competent courts; provisional measures; evidence; proceedings on the merit; customs seizures; remedies; and criminal enforcement.

Kluwer Law is a leading legal publisher that caters to the global business community.

RELATED INSIGHTS​ 

April 30, 2026
Vietnam’s Decree No. 134/2026/ND‑CP, which took effect on 9 April 2026, plays an important role in detailing and implementing Vietnam’s Intellectual Property (IP) Law in the context of rapid digital transformation and the growing application of artificial intelligence (AI). The new decree provides comprehensive guidance on the application of copyright and related‑rights regulations, addressing key issues such as authorship, ownership, statutory exceptions and limitations, registration procedures, and enforcement mechanisms. Through these measures, Decree 134 seeks to achieve an appropriate balance between safeguarding the legitimate interests of rightsholders and fostering innovation, research, and technological advancement, thereby strengthening the state’s framework for the effective management, protection, and exploitation of intellectual property in the digital and AI‑driven environment. Some notable aspects of Decree 134 are discussed below. Copyright for AI-Created Works Decree 134 provides important guidance on the determination of copyright and related rights in works created with the assistance of AI. Article 5a reaffirms the principle that human creativity remains central to copyright protection, clarifying that copyright or related rights arise only where a human makes a substantial and decisive intellectual contribution, exercises effective control over the creative outcome, and assumes responsibility for the content and its legality. At the same time, the provision confirms that AI is regarded solely as a technological tool rather than a rights‑holding subject, thus ensuring consistency with the fundamental concepts of authorship and ownership under the IP Law. By introducing requirements on transparency, proof of human contribution, and compliance with AI‑specific labelling and technical marking obligations, Decree 134 establishes a clear and enforceable legal framework for the responsible use of AI in creative activities. Lawful Use of Copyrighted Texts and Data Article 37a of Decree 134 sets out the specific conditions under which copyrighted texts and data may be lawfully used for scientific research, experimentation,
April 29, 2026
Across the region, local brands have become key drivers of economic growth, cultural identity, and innovation, and Myanmar is no exception. From traditional products and creative industries to modern startups and small and medium‑sized enterprises (SMEs), Myanmar’s local brands are increasingly shaping domestic markets. However, as local brands grow, they also face higher risks of imitation, misuse, and unfair competition. In this context, protecting brand identity, creativity, and innovation through proper intellectual property (IP) strategies is essential to ensure that Myanmar’s homegrown businesses can grow sustainably, compete confidently, and retain the value of what they create. The Key IP Laws for Local Brands In 2019, Myanmar enacted a comprehensive suite of four IP laws, aligning the nation’s IP enforcement framework with international standards. Trademark Law 2019: This law introduced the “first-to-file” system into the country, with trademark rights primarily obtained through registration with the Intellectual Property Department (IPD). Trademarks protect brand names, logos, and other signs that distinguish goods or services. Registration grants the exclusive rights to use the mark and to prevent others from using identical or confusingly similar marks. Each registration lasts for 10 years from the filing date and can be renewed for subsequent 10-year periods. Copyright Law 2019: Copyright, which arises automatically upon creation, protects literary, artistic, musical, and audiovisual works, including software, advertisements, artwork, and social media content. While registration with the IPD is not mandatory under this law, it can be helpful for establishing evidence and supporting any future enforcement. The terms of protection for economic rights associated with copyrights vary depending on the type of work involved. In contrast, the protection for moral rights lasts indefinitely—continuing even after the author’s death. Industrial Design Law 2019: Under this law, any industrial design that is new and independently created can be filed with the
April 29, 2026
Is arbitration only as good as the arbitrator? Undoubtedly. Choosing an arbitrator is therefore one of the most pivotal decisions a party makes in the arbitration proceedings. In practice in Vietnam, many arbitration proceedings have been significantly prolonged because of multiple unsuccessful appointments arising from conflicts of interest, challenges by the opposing party, or subsequent unavailability. In other cases, additional expenses were incurred where appointed arbitrators were located far from the hearing venue or were unfamiliar with the arbitration language or applicable law. To preempt these issues and secure a more efficient and cost-effective appointment, this article proposes a practical, step-by-step approach to arbitrator selection. Step 1: Know Your Own Case At the outset, it is essential to develop a clear understanding of the dispute by addressing the following key considerations: Nature of the dispute: From which sector does it arise (e.g., construction, international trade, investment, banking and finance, technology, intellectual property)? Value and complexity: Is the dispute high or low in value? Does it involve multiple parties, multiple legal systems, or foreign elements? Is its crux related to multiple legal matters? Existing arbitration agreement: Does the agreement specify the seat, language, and governing law? If not, what would be appropriate considering the parties’ conduct and the applicable arbitration rules? Having clear answers to these questions in mind will help identify, from the outset, the core criteria for selecting an appropriate arbitrator. Step 2: Form Your Candidate Pool Based on the understanding developed in Step 1, a candidate pool should be formed through a structured and careful process: Researching Arbitrator Profiles At the initial stage, comprehensive research should be conducted via reliable sources to ensure both accuracy and diversity of candidates. Official sources, such as lists of arbitrators published by arbitral institutions, most notably the Vietnam International Arbitration Centre
April 21, 2026
Vietnam continues to refine its intellectual property framework to align with the 2025 amendments to the Law on Intellectual Property (IP Law). On March 31, 2026, the government issued Decree 100/2026/ND-CP (Decree 100), which substantially amends Decree 65/2023/ND-CP detailing the implementation of the IP Law (Decree 65). On the same day, the Ministry of Science and Technology released Circular 10/2026/TT-BKHCN (Circular 10), providing detailed procedural guidance and new forms. Both instruments took effect on April 1, 2026, along with the amended IP Law. While the updates touch on every IP right, trademark owners and brand strategists will find several practical and forward-looking changes that directly affect filing strategy, examination timelines, portfolio management, and enforcement readiness. 1. Fast-Track Substantive Examination for Eligible Applications One of the most business-friendly innovations is the new fast-track substantive examination pathway for applications meeting specified eligibility criteria. Successful fast-track applications enjoy a shortened substantive examination period of three months. This offers a significant competitive edge for tech-driven or regulated-sector brands. If the mark is identical or similar to a mark in another person’s trademark application with an earlier filing date in the case of a priority application that has not yet been processed, the fast-track process will return to the ordinary process. However, the law does not touch on cases where marks under fast-track examination face office action due to other reasons (i.e. lack of distinctiveness, confusingly similar to others’ copyright, trade name, industrial design, etc.) 2. AI-Generated Trademarks Receive Clear Protection Pathway Decree 100 explicitly addresses the use of artificial intelligence (AI) in IP creation, amending Article 10a of Decree 65 to confirm that trademarks created with AI systems are fully protectable, provided they meet the standard requirements of registration. Trademarks face no additional “human authorship” hurdle (unlike patents or industrial designs). Brand owners