Although the “passing off” principle has sometimes faced criticism for potentially broadening trademark protection—particularly in cases involving unregistered or unconventional marks like shapes, scents, or sounds—it serves an essential purpose. It safeguards the rights of business owners and shields consumers from deception, ensuring fair competition and reflecting the realities of modern commerce. What is passing off, and why is registrability not required? The passing-off principle is a legal concept rooted in English law, aimed at preventing a person from falsely representing or using a mark similar to another’s in a way that causes consumers to mistakenly believe the goods or services come from the same source. Under Thai law, the passing-off principle is provided under Section 46 of the Thai Trademark Act, which states: No person shall be entitled to bring legal proceedings to prevent or to recover damages for the infringement of an unregistered trademark. The provisions of this Section shall not affect the right of the owner of an unregistered trademark to bring legal proceedings against any person for passing off goods as those of the owner of the trademark. The passing-off principle can be interpreted as a practical legal concept. It does not require proof that the mark is registrable or meets the registrability criteria under trademark law. It is sufficient to show that the mark has established goodwill and that the other party’s use of a similar mark is likely to confuse consumers, making it a straightforward and effective tool for protecting brand assets. Requiring a claimant to prove that an unregistered mark could have been registered would undermine the very function of passing off. The doctrine was conceived precisely to fill the gaps left by the registration system. Imposing registrability criteria would nullify its function and leave many commercially valuable identifiers unprotected. If the

On August 6, 2025, Myanmar’s National Defence and Security Council (NDSC) issued Order No. 20/2025, announcing a change in the composition of the country’s Foreign Exchange Supervisory Committee (FESC). The prime minister has been appointed committee chair of the FESC, and five other individuals were appointed to the committee. The order took immediate effect. Originally established in April 2022, the FESC is responsible for approving foreign currency conversion, granting exemptions to foreign exchange restrictions, and permitting overseas transfers of foreign currency. The FESC supervises the flow of foreign currencies for domestic and foreign investment, manufacturing, exports and imports, and service businesses (including education- and health-related initiatives). The FESC is specifically responsible for considering and approving the use of foreign currency for the following: Importing machinery, vehicles, equipment, and raw materials essential for foreign investment and manufacturing projects; Importing fuel, medicine, cooking oil, fertilizer, insecticide, and construction materials not readily available on the domestic market; Covering Myanmar citizens’ needs abroad, such as medical treatment, education, or religious activities; Facilitating imports of general goods, loan repayments, interest payments to foreign lenders, service payments, and profit repatriation from investments; and Importing luxury products, including brand-name goods, jewelry, sports cars, and watches. The FESC is empowered to carry out further duties related to foreign exchange management as assigned by the NDSC Importers, exporters, investors, and business owners are encouraged to consult the most current FESC guidelines and approval lists before conducting transactions in Myanmar. For more details on these FESC composition developments, or on any aspect of financial regulations in Myanmar, please contact Tilleke & Gibbins at [email protected].

Indonesia’s Directorate General of Intellectual Property (DGIP) has introduced a temporary feature in its online filing system to accommodate the submission of annual patent working statements. The requirement to submit these annual working statements was introduced under the amended Patent Law enacted on October 28, 2024, but the implementing regulation has still not been issued. Annual Working Statements Article 20A of the amended Patent Law requires all patentees to submit an annual statement regarding the implementation of their patents in Indonesia. This obligation applies to all active patents, regardless of when they were granted. The annual working statement declares the status of implementation of the patented invention within Indonesia. Acceptable forms of implementation include: Manufacturing the patented product (whether commercialized or not) Utilizing the patented process (whether commercialized or not) Importation Licensing If the patent has not yet been implemented in Indonesia, the DGIP provides an option to indicate: “The mentioned registered patent has not been implemented in Indonesia.” The statement must be made using the official template provided by the DGIP through the online filing system. Submission The working statement must be submitted annually no later than December 31 of each calendar year. No supporting documents are needed for the submission apart from the signed form itself. A color scanned copy will suffice; the original document is not required. There is currently no official fee for submitting the working statement. While the submission process may eventually align with annuity fee payments, the current process remains separate due to the pending implementing regulation. The submission process may be subject to change upon issuance of the implementing regulation, which is under discussion and expected in the coming months. In the interim, the DGIP accepts submissions of overdue working statements, allowing patentees to fulfill their obligations retroactively. This flexibility is expected

Tilleke & Gibbins has contributed the Vietnam chapter to Corporate Governance 2025, part of the International Comparative Legal Guides (ICLG) series published by Global Legal Group. This respected guide offers comprehensive, jurisdiction-specific overviews of corporate governance laws and practices around the world. Each jurisdictional chapter follows a clear Q&A format, providing practical insights into critical issues such as: Sources of corporate governance regulation Shareholders’ rights, powers, and responsibilities Structure and duties of management bodies Stakeholder involvement in governance Transparency and reporting requirements ESG and sustainability-related obligations Cybersecurity and technology-related disclosures The Vietnam chapter was authored by Tram Ngoc Bich Nguyen, Truc Thi Thanh Tran, Dung Thi Phuong Le, and Quang Minh Vu, members of Tilleke & Gibbins’ corporate and commercial team in Ho Chi Minh City. The authors provide detailed analysis of Vietnam’s corporate governance framework, including recent developments such as the 2025 amendments to the Law on Enterprises requiring disclosure of ultimate beneficial ownership and the increasing emphasis on sustainable business practices and responsible corporate conduct. The chapter also discusses practical considerations for foreign investors in Vietnam, such as overlapping signing authorities between key company officers, enforcement of shareholders’ agreements, and disclosure obligations related to ownership and management roles. The complete Vietnam chapter is available as a PDF below. The Vietnam chapter—and the full Corporate Governance 2025 guide—are also freely available on the ICLG website.