In the latest move to open Thailand’s economy to medical and industrial cannabis, on January 29, 2021, Thailand will begin processing applications for licenses to produce, import, export, distribute, and possess hemp (Cannabis sativa).

As we continue to await the Thai Food and Drug Administration (TFDA)’s promulgation of its medical cannabis application guidelines, the Thai Ministry of Public Health (TMoPH) has helpfully issued several notifications to further clarify the 2019 amendment to the Narcotics Act that initially paved the way for cannabis liberalization in the kingdom. Cannabis (both marijuana and hemp) has been classified as a Category 5 Narcotic since the enactment of the Narcotics Act in 1979. All activities related to the plants and their derivatives had been strictly restricted until the recent rise of the cannabis legalization movement, which began in Thailand with an amendment to the Narcotics Act in February 2019 to legalize medical marijuana. The Thai government has since been working to reclassify cannabis products and lay out the regulatory pathways to accommodate these new “economic plants.” A notification in August 2019 further carved modern drugs, cosmeceuticals, nutraceuticals, cosmetics, and food containing hemp or a certain amount of CBD out of the scope of Narcotics Act. The most recent TMoPH Notification was published in the Government Gazette on December 14, 2020, and has expanded the delisting of cannabis from the Narcotics Act to include nearly all parts of the cannabis plant, as set out below. Type of Plant Detailed Components Marijuana (plants in the cannabis family) Stalks, stems, fibers, branches, roots, leaves without the tip and inflorescence, extracts comprising CBD with less than 0.2% THC by weight. Hemp Stalks, stems, fibers, branches, roots, seeds, seed oils, seed extracts, leaves without the tip and inflorescence, extracts comprising CBD with less than 0.2% THC by weight, and residues from extraction with less than 0.2% THC by weight. The Narcotics Act and its notifications must be reviewed carefully by anyone seeking to take part in his industry, and items that are conspicuous

It is strongly recommended that entities which are considering entering the Thai cannabis market file applications to protect their marks and patents in Thailand as soon as possible. Cannabis Trademarks Thailand operates under a first-to-file trademark system. The Thai Trademark Office has verbally confirmed that trademark applications which include goods or services relating to medical cannabis are registrable. That being said, recent developments indicate that the Trademark Office will require applicants who file specifically for medical cannabis goods or services to submit proof that the applicant has permission to produce drugs containing cannabis from the Thai Food and Drug Administration. In addition, the Trademark Office is taking a conservative approach when it comes to the words and images that are registrable as trademarks. The Trademark Office has advised that words or images relating to cannabis will be refused based on Section 8(9) of the Thai Trademark Act, which states that a trademark that is contrary to public order, morality, or public policy shall not be registered. Given the above, applicants should carefully consider the trademarks that they would like to protect in Thailand to avoid unnecessary refusals. If the applicant does not yet have such permission from the Thai Food and Drug Administration, it is recommended that the applicant’s mark make no reference to cannabis, either visually or verbally, and that the list of goods and/or services does not specifically refer to cannabis or related terminology. In short, we urge applicants to enter into the Thai market early, with carefully-chosen marks and deliberately-worded descriptions of goods and/or services. Cannabis Patents Cannabis-related products and processes are now eligible for patent protection in Thailand, with some restrictions. A cannabis plant, including its parts and crude extract, are considered mere products of nature and thus not patentable. Another important restriction applies to

Vietnam’s efforts against the outbreak of COVID-19 in the country have been largely successful, and despite two distinct spikes of local transmission, in both cases the spread was halted relatively quickly. As these complications from the COVID-19 pandemic have been playing out in Vietnam throughout 2020, it became clear that effective and strong enforcement of healthcare regulations, especially those related to disease control, was crucial. On September 28, 2020, the government of Vietnam took action on this by issuing Decree No. 117/2020/ND-CP (“Decree 117”), which provides penalties for administrative violations in the healthcare sector. Some provisions of Decree 117—mostly those related to disease control and epidemic situations—took effect immediately, with the remainder taking effect on November 15, 2020. The decree, which was based on a draft proposed by the Ministry of Health, replaced Decree No. 176/2013/ND-CP on the same matter. The main administrative penalties under Decree 117 are reprimands and fines. Depending on the severity of the violation, violators may also be subject to additional penalties such as suspension of a certificate of eligibility for pharmaceutical business (CEPB), a license for healthcare operation, or other licenses and practicing certificates for up to 24 months; confiscation of illegal items; suspension of operations for up to 24 months; or deportation. Furthermore, remedial measures such as forced return of illegal earnings, compulsory quarantine and medical examination, public correction, or compulsory payment of treatment fees may also be applied. Some key highlights of Decree 117 are discussed below. In relation to disease control, the maximum fine for failure to comply with quarantine is doubled to VND 20 million (USD 855) for infected people of type-A contagious diseases, and VND 10 million (USD 427) for those who are not infected but are asked to quarantine. Failure to declare one’s contagious disease to a doctor