The recently approved comprehensive revisions to Vietnam’s Law on Intellectual Property (“Amended IP Law”) mark the most significant changes to Vietnam’s intellectual property regime since the last time the IP Law was revised more than a decade ago, in 2009, affecting 80 out of 222 articles and introducing 12 new ones. The National Assembly of Vietnam approved the Amended IP Law on June 16, 2022, and, except for a few provisions, it will take effect on January 1, 2023. Some notable points of the revised law regarding trademark matters include: 1. Protection of Sound Marks To fulfill Vietnam’s commitments as part of the CPTPP, the Amended IP Law adds sound marks to the list of signs eligible for protection as trademarks. However, to more easily examine these non-traditional marks, the law provides that sound marks must be able to be presented in graphical representations. Article 73.7 was also supplemented to include a ground for refusal of sound marks that comprise “copies [in whole or part] of copyrighted works, unless with consent from the copyright holders”. This provision is wide-reaching and may be used in many cases apart from those involving sound marks, and it is expected to better secure copyright in broad terms. 2. Definition of Well-Known Mark Article 4.20 modifies the definition of a well-known mark to mean one that is “widely known by the relevant sectors of the public in the territory of Vietnam” instead of the old general definition of “widely known by consumers throughout the territory of Vietnam”. This new definition is in line with international standards, and with this positive step, and the chances of trademark owners having their marks recognized as well-known marks in Vietnam should increase. The Amended IP Law also clarifies that well-known status must be acquired before the filing date

With the growth of technology and internet use, consumers are increasingly shifting toward online shopping. E-commerce platforms have created useful and practical online transactions for products across borders. The number of sellers on e-commerce platforms has also increased significantly in recent years. Naturally, the larger the supply of online products, the greater the risk of possible IP infringement online. While this has made shopping more accessible and convenient for many, it has also created significant opportunities for fraudulent sellers. These fraudulent sellers are often anonymous, and it can be hard to identify them or hold them to account. As a result, some intellectual property (IP) owners have tried to hold e-commerce platforms responsible, raising questions as to what legal liability e-commerce platforms have for content posted by users. In March 2022, the Central Intellectual Property and International Trade Court (IP&IT Court) issued a landmark judgment finding a world-leading e-commerce platform not liable for a third party’s alleged IP infringement on its platforms. Contributory infringement IP can be infringed directly by the person who sells or manufactures the infringing product, or indirectly by a party that encourages or contributes to the infringing act. At present, Thai IP law does not contain any clear provisions on contributory infringement by e-commerce platforms and, until recently, there were no clear court judgments on this issue. One recent development in this area in Thailand has been the adoption of the Copyright Act (No. 5) B.E. 2565 (2022), which will come into effect on August 23, 2022. This act provides that internet service providers will not be liable for copyright-infringing materials posted by users, provided they comply with certain legal requirements. However, there are currently no equivalent provisions relating to patents, trademarks, or other types of IP rights. The closest applicable legislation is Section 432

Thailand’s Department of Special Investigation (DSI) has recently changed the criteria for accepting cases under their jurisdiction, which greatly benefits intellectual property (IP) owners who wish to bring legal action before the DSI. Issued on June 9, 2022, and taking effect the following day, the Notification of the Board of Special Cases (No. 8) B.E. 2565 (2022) lowered the minimum threshold for the market value of IP-infringing goods from THB 10 million (approx. USD 242,400) to THB 5 million (approx. USD 121,200). DSI Jurisdiction The Special Case Investigation Act B.E. 2547 (2004) (as amended) and subsequent regulations lay out the DSI’s jurisdiction over “special cases,” giving DSI officers the authority to handle certain trademark, copyright, and patent infringement cases (among others). In order for the DSI to get involved, the alleged offender must be involved in, or suspected of involvement in, the manufacturing or purchasing of the items in question, or in relevant distribution facilities, warehouses, or importing businesses. Another condition for the DSI having jurisdiction is that the total market value of the articles or products possessed for use in the offense, acquired from the offense, or the possession of which is an offense, must exceed the minimum threshold specified in regulations. This minimum market value has now been lowered from THB 10 million to THB 5 million. The damages that can be reasonably expected from the commission of an offense have also been lowered from THB 10 million to THB 5 million. Impact of the New Criteria on IP Owners The DSI has substantial experience handling complex IP-infringement cases, and they have been especially active in fighting online infringement over the past several years. The lowering of the minimum benchmark to file a case from THB 10 million to THB 5 million means that more IP owners

Indonesia has issued a continuation of its debt relief program—which covers settlement of unpaid patent annuities—from 2021. The debt relief program, which Indonesia has named its “Crash Program,”  has been adjusted to make it more practical for debtors and responsive to their needs. The updated “Crash Program” is laid out in the Ministry of Finance’s Regulation No. 11/PMK.06/2022 regarding Settlement of State Receivables through the Crash Program Mechanism, which was issued on February 21, 2022, replacing a similar notification from the previous year. Patent annuities are “state receivables” and thus are an object of the Crash Program. According to the Directorate General of Intellectual Property (DGIP), as of March 2022, outstanding unpaid patent annuities due amounted to IDR 211 billion (approx. USD 14.5 million). The DGIP is thus promoting the Ministry of Finance’s Crash Program as a way for patent holders to pay their unpaid patent annuities. Under the Crash Program, debtors owing unpaid patent annuities can request the following types of debt relief: Waiver of all of debt interest, penalties, and other charges; 60% off debt principal; and From the remaining principal amount, additional deductions of: 40% if settled by June 2022; 30% if settled from July to September 2022; 20% if settled from July to December 20, 2022. The key aspects of the Crash Program under the new regulation are outlined below. Foreign Debtors The original Crash Program regulation from 2021 lacked specific information on requirements for foreign debtors to participate in the program. The new regulation, however, allows foreign debtors to obtain a letter of reference from their foreign consulate in Indonesia or authorized institution in the country of origin to fulfill requirements for supporting documentation in order to participate in the Crash Program. The letter of reference must confirm the debtor’s inability to pay the