Patent prosecution can be a lengthy process, especially in jurisdictions where patent office backlogs impede the timely examination and grant of patents. Acknowledging the imperative for expeditious patent prosecution, numerous patent holders in Southeast Asian (SEA) nations have expressed their eagerness to expedite the process. Consequently, governments in Cambodia, Indonesia, Laos, Thailand, and Vietnam have instituted diverse programs to facilitate swifter patent examination and grant. These programs are implemented either within their own intellectual property systems or through collaboration with other intellectual property offices. Notably, many accelerated examination programs are also available for inventions pertaining to green technologies or matters of public interest. In this article, we will explore a selection of these options, shedding light on the programs that facilitate faster patent examination and grant. While the following sections highlight specific initiatives, it is important to note that there may be other programs and opportunities beyond those mentioned here.   ASEAN Patent Examination Cooperation (ASPEC) Program One of the most notable programs in the region, the ASPEC program offers a mechanism for patent applicants to accelerate the examination of their patent applications in a participating IP office of an ASEAN member state (the second IP office) by leveraging the search and examination reports issued by the participating IP office of another ASEAN member state (the first IP office) on the corresponding application. Patent applications filed in any of the participating ASEAN member states, including Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Vietnam, are eligible to benefit from the ASPEC program. An ASPEC request can be filed at any time before the final decision of grant or refusal; however, to maximize the effectiveness of the program, it is advisable to file the ASPEC request concurrently with the substantive examination request—by doing so, the substantive

Can computer programs resolve legal disputes? For decades, the answer from much of the legal community has been no. However, developments in artificial intelligence (AI), and in particular natural language processing and machine learning, have led to renewed discussions of this possibility. Increasingly, tools are being developed to assist parties with litigation outcome prediction and judges with litigation outcome determination. However, while some argue that the use of AI in legal disputes can reduce the length of proceedings, cut costs, and improve access to justice, others raise concerns that “black box” AI systems could reduce transparency, entrench bias, and harm the development of the law. Litigation Outcome Prediction The use of computers to predict the outcome of legal cases is not new. As early as the 1980s, researchers developed outcome prediction tools, often in the form of decision-tree algorithms. However, developments in AI have allowed the creation of more sophisticated prediction models. In 2017, a model built by Katz et al. predicted US Supreme Court decisions with an accuracy of 70.2%, while in 2019, a model built by Medvedeva et al. predicted decisions of the European Court of Human Rights with an accuracy of 75%. In various studies, AI tools have been able to predict case outcomes more accurately than expert lawyers. Companies such as Solomonic and Lex Machina, owned by LexisNexis, now provide commercial litigation prediction and analytics tools. Outcome prediction tools can be used by parties and their legal representatives to craft arguments and facilitate settlement negotiations, or by third-party litigation financers to assess the risk of providing funding. More broadly, outcome prediction may be used by the likes of insurance companies to help calculate claim payouts. However, those using such tools must take care to ensure that they do not breach any professional or legal obligations.

Tilleke & Gibbins is pleased to announce the release of Employment Law Basics in Southeast Asia. This publication serves as an indispensable resource for businesses navigating the complex landscape of employment law in Cambodia, Laos, Myanmar, Thailand, and Vietnam. Authored by Tilleke & Gibbins’ regional team of employment law specialists, the guide provides a detailed overview of key employment law topics essential for businesses operating or planning to expand their operations in Southeast Asia. From employment contracts to termination procedures, each topic is examined in depth to ensure businesses are well-equipped to comply with local regulations and protect their interests. Key topics covered in the guide include: Employment contracts Probationary period Minimum wage Social security and statutory payments Working hours Leave and holidays Work rules Termination Foreign employees Data protection Remote work AI and automation Our guide offers multinational corporations establishing a presence in the region and local enterprises alike practical insights and actionable advice tailored to the unique regulatory environments in Cambodia, Laos, Myanmar, Thailand, and Vietnam. To access the full guide, please download the PDF below.

Following Laos’ announcement requiring importers and exporters to register with the Ministry of Industry and Commerce (MOIC), the MOIC has released a comprehensive list of products that are subject to the registration requirement. Traders that import or export goods on the list, which was finalized on June 9, 2023, and made public on June 28 in MOIC Notification No. 1224, must register with the MOIC by August 31, 2023, to obtain a certificate authorizing their import or export activities. The notification specifies four main categories of goods for which importers and exporters must register with the Department of Import and Export (DIMEX) of the MOIC: agricultural products, construction materials, and edible and nonedible consumer goods. The exact products in each category are listed below, along with the corresponding Harmonized System codes from the World Customs Organization: Enterprises engaged in the import and export of the goods listed in the table above must complete registration by August 31, 2023. Imports and exports of the listed goods by any enterprise not registered with the DIMEX will be prohibited after the deadline. The MOIC is also expected to add certain goods to the list in the future, but information on the timing and content of these additions is not yet available. Enterprises that have completed registration must also ask the Bank of Lao PDR (BOL) to certify their accounts held at commercial banks, after which they must ask the relevant commercial banks to convert their current bank accounts into import-export accounts. For more details on Laos’ new registration rules for importers and exporters, or on any aspect of international trade involving Laos, please contact Tilleke & Gibbins at [email protected].