An exploration of what employers need to know about inventions created by employees in Thailand and Vietnam.

Due to the developing COVID-19 situation, the main Hanoi office of the Intellectual Property Office of Vietnam will stop receiving documents filed directly at the office and the IP Help Desk from May 27 until further notice, according to Notification No. 4670/TB-SHTT dated May 25, 2021. During this suspension, documents filed with the Hanoi office must be filed online or via postal filing. Since online filing is currently available only for certain services such as new filing, maintenance, and appeals, direct filing still accounts for most filing at the head office. Thus, most documents should be filed via post at this time. As it is not clear if the filing date will be recorded as the date the document is received or the date it is sent (postmarked), IP applicants using postal filing are advised to file their documents early, well before any deadlines, for safety. Rights holders can still choose to file their documents in person via the IP Office’s representative offices in Ho Chi Minh City and Da Nang, which are still operating fully.

While the timeline for the ongoing “soft opening” of Myanmar’s new Intellectual Property Department (IPD) lacks clarity, the IPD has maintained continuity in its operations. The soft-opening period, which began on October 1, 2020, was first announced by the Ministry of Commerce in Order No. 63/2020, dated August 28, 2020. The order did not mention the closing date of the soft-opening period, but many were counting on the soft-opening period finishing after six months. This assumption stemmed from the IPD’s workshops in 2020 about the upcoming implementation of the new Trademark Law, when officers indicated that the soft-opening period was expected to continue for at least six months, depending on the volume of applications received. Therefore, it was thought that the soft-opening period would conclude at the end of March 2021. However, this date has come and gone, and trademark owners are increasingly expressing their concerns about when—and whether—the soft opening period will end. No announcement appears forthcoming, either. The political volatility that has gripped Myanmar since the military seized power on February 1, 2021, has affected virtually all operations in the country, including government operations. As a result, no official announcements on the end date for the soft-opening period have been issued. However, the IPD has continued accepting applications for trademarks to be refiled, and has been issuing extensions to applicants who require additional assessment of their trademark portfolio and dossiers. Aims and Procedures of the Soft-Opening Period The soft-opening period is a key early stage in the public implementation of Myanmar’s Trademark Law 2019. It allows owners of marks that were registered with the Office of the Registration of Deeds (ORD) under the previous (and antiquated) system and/or actually used in Myanmar to refile their marks with the newly formed IPD under a fully modernized IP regime.

When a U.S. cosmetics startup discovered that a trademark application for its brand name had been filed in Vietnam by a likely trademark squatter, they opted to use a “straw man” – another company with no visible connection to the startup – to directly negotiate with the squatter.