It is not unusual for brand owners to take a closer look at the Thai market for their products only to find that a third party has already applied for registration of their trademark. Brand owners who face this situation usually become aware of it when they consider entering the Thai market after their brand has already become famous and successful elsewhere. Well-known marks are often usurped when a bad-faith applicant intentionally registers a trademark to benefit from the goodwill and reputation associated with that trademark. As Thailand is a first-to-file system for trademark registration, supplying proof of intention to use is not a requirement for registration. Thus, if a legitimate brand owner has never registered their trademark in Thailand, a bad-faith applicant might take advantage of this opening to file another person’s trademark in his or her own name. Overlooking the early securing of trademark rights in Thailand can lead to complex problems, even when brand owners have a relationship with a distributor in Thailand. The problem usually comes to light when a brand owner seeks to end their relationship with one distributor and start a business relationship with a new partner. In some cases, brand owners are blindsided when they learn that the previous distributor had surreptitiously filed for registration of the trademark in the distributor’s own name without alerting them—meaning that the former distributor now holds exclusive rights over the use of the trademark in Thailand. After finding out about a bad-faith trademark registration, many brand owners seek to cancel the Thai registration of the trademark to which they have better rights than the registrant. The Trademark Act provides several mechanisms that brand owners can rely on to pursue cancellation of trademark’s registration; however, none of the law’s provisions clearly state the possibility of canceling a

On September 30, 2020, Thailand’s Department of Intellectual Property (DIP) published its latest draft of the proposed amendments to the Patent Act B.E. 2522 (1979). The amendment process, which is taking place in two phases and has been pending for several years, began to take a higher profile in February 2018 with the convening of public hearings on the proposed new legislation. After a series of committee meetings through November of that year, the cabinet approved a set of proposed amendments in January 2019. The second phase in the amendment process then began, focusing on industrial design registration procedures and provisions to facilitate Thailand’s accession to the Hague Agreement Concerning the International Registration of Industrial Designs. The Committee on Patent Act Reform held nine meetings from March to November 2018, and then further discussed these proposed amendments with the Committee on the Law for the Development of Patents over seven meetings from February to July 2019. To get comments and recommendations on the proposed second-phase amendments, the DIP arranged public hearings from September to October 2019, before submitting the proposed amendments to the cabinet and Council of State for approval. On March 27, 2020, the Council of State requested that the proposed amendments from both phases be combined into a single Patent Act, thus shelving the initial idea of a separate Design Patent Act. Accordingly, the DIP made plans to revise the proposed amendments, using comments obtained during public hearings, before sending them to be reviewed by the Ministry of Commerce, the cabinet, the Council of State, and finally the parliament. This process began with the publication of the proposed amendments on the DIP’s website on September 30, 2020, and public hearings that were held through October 31, 2020. Patent-Related Amendments While these proposed amendments are likely to undergo

Vietnamese cuisine has a growing reputation internationally, and a visit to Vietnam will quickly reveal that food plays a very important role in the country’s identity and culture, as well as its economy. More than 80% of the population makes a living through some form of agriculture, and approximately 35% of household income in Vietnam is spent on food and beverages. As food is the most essential of necessities, and thus the first priority in household spending, this percentage tends to be high in developing countries, declining as incomes rise.

Indonesia’s long-deliberated Omnibus Law (Law No. 11 of 2020) was enacted on November 2, 2020, implementing a number of amendments to Indonesia’s intellectual property laws. The law is intended to aid foreign investment. The changes pertaining to intellectual property law include reducing the time required for prosecution of simple patents, providing greater flexibility in regard to the working requirement for patents, and making some practical administrative amendments to the trademark law. These are summarize below.Patent Law