Southeast Asia has experienced a significant increase in foreign investment, which has not only brought innovation but also raised questions about protecting such innovation. Investors are increasingly interested in patenting the proprietary technology that plays a vital role in numerous businesses today. Recently, particular interest has been shown in innovations related to artificial intelligence (AI) technology and software. Are these types of innovations patentable, and if so, how? When it comes to Southeast Asia, the answers to these questions are not straightforward, due to the lack of uniform patent laws across the region. Issues of Patentability The patentability of computer software has long been a topic of discussion, predating the emergence of AI tools. Many jurisdictions have specific rules regarding the patentability of software. Pure software, defined solely by source code, may not qualify for patent protection but can be safeguarded under copyright laws. AI-related software often involves intricate algorithms, datasets, and training methodologies that pose challenges when it comes to satisfying the enablement requirement for disclosure. However, algorithms, mathematical methods, and abstract ideas are generally considered non-patentable subject matter in many jurisdictions. Although software implementing AI may incorporate innovative algorithms, obtaining patents solely for algorithms can be difficult in certain countries. For instance, Indonesia, Myanmar, Thailand, and Vietnam explicitly exclude computer programs from patentable subject matter. However, a potential workaround in these countries is to describe the software as being connected to a tangible medium. This approach could overcome rejections based on subject matter during substantive examination. Moreover, in Indonesia, a computer program can be eligible for patent protection if its characteristics (i.e., instructions) have a technical effect and serve to address a tangible or intangible problem. Among Southeast Asian countries, Singapore has the most lenient patent regime, even explicitly addressing AI innovations. The country has implemented a

April and May witnessed intriguing developments within Vietnam’s intellectual property community. On the legislation side, of particular note was the issuance of Decree No. 17/2023/ND-CP on April 26, coinciding with World IP Day. Decree 17 provides guidance on implementation of the 2022 Intellectual Property Law with regard to copyright and related rights, and has garnered significant attention due to several issues, especially the liability of intermediary (internet) service providers and copyright violation in the digital environment. Additionally, two noteworthy IP cases have emerged, albeit with limited public disclosure and awareness of specific details. Nonetheless, these cases are expected to have far-reaching implications. Copyright: Criminal Case Against Unauthorized Broadcasting of Football Matches For a considerable period of time, Vietnamese football enthusiasts have enjoyed being able to watch matches on TV and online from numerous top global football leagues. While many of these broadcasts were legitimate, with the rights purchased by Vietnamese and regional broadcasters, the unauthorized transmission and broadcasting of football matches on the internet has become increasingly prevalent. Authorities have seemingly faced challenges in curbing this issue through criminal action. In a positive development, in early May the Hanoi police decided to open a criminal proceeding against the unauthorized transmission and broadcasting of high-profile overseas football matches after a rigorous two-year investigation. Prior to this decision, authorities encountered difficulties in accurately determining the relevant laws and the nature of the violation to meet the requirements for prosecution. Specifically, they grappled with the question of whether a football match, or more specifically, a recorded video of a football match, could be considered a copyrighted work. If copyright protection extended to football matches and/or recorded videos, then transmitting and broadcasting these matches directly through the internet could be deemed illegal acts of copying or distributing (copyrighted) works, as outlined in Article

Life sciences specialists at Tilleke & Gibbins’ office in Bangkok have contributed a new “Life Sciences Commercialization in Thailand” chapter to the Life Sciences Global Guide from Practical Law. The Q&A-style guide provides strategic information for companies active in the life sciences sector in Thailand. The chapter covers a number of key areas: Overview of the life sciences sector Pricing, government funding, and reimbursement: National health care system, price regulation and reimbursement Distribution and sale Cross-border trade and parallel imports Advertising and engagement with patient organizations Patents: Conditions for patentability, registration, length of protection, infringement, international treaties Trademarks: Requirements, registration Competition law issues: Authorities and legislation, commercial contracts and competition law, licensing approvals and formalities Product liability: Regulators, medicinal product liability law, liable partners, defenses, product liability claims, remedies Practical Law, produced by Thomson Reuters, is the world’s leading legal know-how resource for business lawyers, publishing a huge range of guides covering hundreds of jurisdictions and practice areas. The full “Life Sciences Commercialization in Thailand” section can be found on the Practical Law website.

On May 16, 2023, Myanmar’s Intellectual Property Department (IPD) announced an extension of one more month for submission of notarized appointment of representative forms (or “TM-2 forms”) and for payment of official filing fees for trademarks. The new deadline for payment and submission is June 30, 2023. The IPD had announced in April 2023 that fee payments and submission of notarized TM-2 forms for trademarks prior to the enforcement of the Trademark Law (i.e., from October 1, 2020, to April 2, 2023) had to be completed by May 31, 2023. However, technical issues have hindered the IPD’s online filing system, which has had to undergo maintenance procedures. The extension until June 30, 2023, gives mark owners more time to prepare the necessary notarized TM-2 forms for their mark applications filed prior to enforcement of the Trademark Law . For more information on the country’s new trademark system, or on any aspect of protecting intellectual property rights in Myanmar, please contact Tilleke & Gibbins at [email protected].