On June 16, 2022, the latest amendment of Vietnam’s Intellectual Property Law was finally ratified with the consent of 95.58% of the members of the National Assembly. The amendment has received much attention from not only IP rights holders but also law enforcement authorities, as changes have been made in respect of both IP ownership and enforcement. Notably, under the amended IP Law, Vietnam will recognize sound marks, which shows the country’s efforts to comply with international treaties and agreements to which it is a party, such as the EVFTA and CPTPP. Although there will be challenges in protecting sound marks, this adoption hopefully will provide IP rights owners with one more useful type of protection for their intellectual assets in the developing era of technology. Regarding copyright, the criteria for co-authorship have been clarified with more details regarding the number of authors (from two authors and above), the contribution of the authors, the intent of the authors, etc. These criteria are similar to other legal systems such as those of the U.K. or U.S. As the definition of co-author plays an important role in determining the ownership of the work, this change promises a better scenario with fewer disputes concerning the ownership of collaborative works. Unsurprisingly, the National Assembly agreed to keep administrative sanctions as one of the measures to deal with IP infringement. This is in contrast to one of the previous drafts of the amended law in which administrative sanctions were no longer listed as a way to protect IP rights. This removal had received strong negative feedback from many scholars and legal practitioners, who argued from the practical aspect that the civil litigation process often takes longer and has higher costs than administrative sanctions and, thus, would discourage owners from protecting their rights. Further, IP

Lawyers from Tilleke & Gibbins and its associate firm TGVN provided the Vietnam chapter of the Practical Law Patent Litigation Global Guide. The 2022 edition provides an overview of how patent disputes are handled in 33 jurisdictions worldwide. Tilleke & Gibbins also contributed the Thailand chapter of the guide. The Vietnam chapter of the guide covers the following topics in Practical Law’s signature Q&A format: Sources of law Court system Substantive law Parties to litigation Enforcement options Competition and antitrust Procedure in civil courts Preliminary relief Final remedies Appeal procedure Litigation costs Standard essential patents (SEPs); fair, reasonable, and nondiscriminatory (FRAND) licensing; and antisuit injunctions Practical Law, which is owned by Thomson Reuters, is the world’s leading legal know-how resource for business lawyers, publishing a wide range of guides covering hundreds of jurisdictions and practice areas. The full Vietnam overview from the Patent Litigation Global Guide can be accessed on the Practical Law website.

Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) entered into force in full on June 1, 2022. The PDPA, which contains similarities to the EU’s General Data Protection Regulation (GDPR) introduces obligations and restrictions relating to the collection, use, and disclosure of personal data in Thailand. While the new law applies to franchisors and franchisees in the same way that it applies to other businesses, there are a number of issues that are of specific importance in franchise businesses. As franchisors and franchisees have the power and duty to make decisions concerning the collection, use, and disclosure of customers’ and employees’ personal data in the course of their operations, they are considered “data controllers” under the PDPA. The Trade Competition Commission of Thailand, via its Notification on the Guidelines for the Consideration of Unfair Trade Practices in Franchise Businesses issued under the Trade Competition Act B.E. 2560 (2017), defines a franchise relationship as one which, among others, involves an element of control by the franchisor over the business operations of the franchisee. It follows then that in some situations, franchisees’ collection, use, and disclosure of personal data will be according to the instructions of their franchisors. In such circumstances, a franchisee will be considered a “data processor” under the PDPA. Whether acting as data controllers or data processors, franchisors and franchisees must nonetheless comply with the requirements of the PDPA in the course of their operations. To ensure their activities are in compliance with the law, franchise businesses should consider five major actions: 1. Auditing existing data collection and retention practices Whether operating online or via a brick and mortar shop, it is increasingly common for franchise businesses to store and process customers’ personal data. This may include the storage and transmission of credit card information for auto-billing

The Indonesian government has launched a number of strategic initiatives aimed at getting the country removed from the Priority Watch List in the US Trade Representative’s annual Special 301 Report on Intellectual Property Protection. In trying to leave behind this ignominious status—which has been stubbornly persistent for over 30 years—Indonesia’s Directorate General of Intellectual Property (DGIP) is leading an IP Operations Task Force consisting of five ministries and agencies, including the National Agency of Drug and Food Control (BPOM), Customs, the State Police, and the Ministry of Communications and Information (MOCI). According to statistics from the task force, 554 infringement cases were handled by the police and the IP Office in 2019–2021, with trademark infringement and copyright infringement being most prevalent. Year on year, the number of trademark infringement cases increased from 90 in 2020 to 137 in 2021, while copyright infringement cases over the same period decreased slightly, from 42 to 38. While the cases occurring in physical markets remain high, the battleground has now expanded to online platforms and social media. Indonesia has embraced digital technology with enthusiasm, and the country’s citizens are among the world’s most avid users of e-commerce, social media, and other mobile apps. Research from Google, Temasek, and Bain & Company indicates sizable growth in Indonesia’s digital economy, from USD 47 billion in 2020 to USD 70 billion in 2021—a digital marketplace that now includes more than 158 million e-commerce customers. Separately, the MOCI reported suspension of 1,745 websites and other infringing online content from 2017 to 2019. Meanwhile, the DGIP banned hundreds of problematic e-commerce portals related to trademark infringement during 2019. There is no official report on recent online infringement cases; however, the numbers are predicted to rise in tandem with the increasing use of online platforms. Aside from these enforcement