On February 14, 2022, Thailand’s Securities and Exchange Commission (SEC) announced a public hearing period on proposed advertising regulations for digital asset businesses. The public hearing period is now open for general comments until March 15, 2022. In the announcement, the SEC expressed their intention to provide clear digital asset advertising principles that conform to regulations in other countries, such as Singapore, the UK, and Japan. The SEC, in a meeting on February 3, agreed that the principles to be developed should apply to all digital asset businesses operating in Thailand. During the public hearing period, any interested parties may comment on the SEC’s proposed principles, which include the following key points: Advertisements that educate, inform, or give facts about digital assets, investments or services, or that provide an overall picture of digital assets, must not exaggerate, distort, or conceal information, or otherwise mislead consumers. In addition, advertisements that refer to customer numbers must only indicate the number of customers who have received approval to open an account and who are ready to use the service. Advertisements must be clear and appropriate, provide a warning on investment risks, and include clear and noticeable SEC-mandated statements in the font size stipulated by the SEC. Advertisements that present positive information or suggest an opportunity to receive returns must provide a balanced view that also discloses negative information or states investment risks. Advertisements relating to cryptocurrencies can only be made via a business operator’s official channels (e.g., the operator’s website, app, or other official online channel), and cryptocurrency cannot be advertised in public areas (e.g., billboards, public transportation, websites, newspapers and periodicals, etc.). However, advertisements for the services of a digital assets business can still be made in public areas and other channels. For example, this can be understood as meaning that

The sale of counterfeit goods online is as damaging to government efforts and consumer safety as it is to the reputation of the e-commerce platforms and brand owners involved. In this guest piece, Andy Chua, senior vice president of the IP Rights Protection Team at e-commerce giant Lazada, joins Tilleke & Gibbins’ Suebsiri Taweepon and Ploynapa Julagasigorn to discuss how stakeholders can work together to combat the growing threat of counterfeits online – with recent efforts in Thailand a prime example of effective action. This article, which was first published in World Trademark Review, is the second in a two-part series about trademark enforcement against online counterfeits.   Technological developments, government policy and the covid-19 pandemic have brought about significant changes to the lifestyle and behaviour of ordinary consumers. Shopping increasingly takes place on e-commerce platforms as people become more familiar with online transactions, encouraging many sellers to turn their focus to online platforms. While this shift to online retail has brought benefits for many, it has also provided additional ways for sellers of counterfeit goods to peddle their wares. The sale of counterfeit goods online tarnishes the reputation of e-commerce platforms among users, compromises consumer trust in brand owners’ products and undermines public authorities’ efforts in enforcing anti-counterfeiting policies. This dynamic problem cannot be resolved by a single entity alone. Instead, all stakeholders need to work together to amplify their efforts in consumer and brand protection. Collaborating against counterfeits in Thailand We see such collaborations between stakeholders in regions such as Thailand, where the Department of Intellectual Property (DIP) has signed a memorandum of understanding (MOU) with various parties that are committed to combatting the spread of counterfeit products online. The inaugural signing ceremony for the MOU was held on 11 January 2021, with 20 initial signatories drawn

This article discusses the anticipated challenges and opportunities for IP rights owners operating in the metaverse.

Thailand has completed the establishment of the Personal Data Protection Commission (PDPC), the regulator under the country’s Personal Data Protection Act B.E. 2562 (PDPA), strongly indicating that the planned full enforcement of the PDPA on June 1, 2022, is likely to proceed as scheduled. The establishment of the PDPC was finalized on January 18, 2022, when the Announcement of the Prime Minister’s Office on the Appointment of Chairperson and Honorary Members of the PDPC was published in the Government Gazette. As stipulated in the PDPA, the PDPC consists of: The chairperson, appointed based on knowledge, skills, and experience; The vice-chairperson, who is the permanent secretary of the Ministry of Digital Economy and Society; Five commission members, designated based on their positions in certain government agencies (as prescribed under the PDPA); and Nine honorary commission members appointed based on knowledge, skills, and experience in personal data protection, consumer protection, technology and telecommunication, social science, law, health, finance, or other relevant fields. As the vice-chairperson and the five commission members are appointed to the PDPC based on their positions, the January 18 announcement appointing the chairperson and the nine honorary commission members completes the formation of the PDPC. The full enforcement of the PDPA has been previously postponed, and many businesses had expressed concern that another extension would be forthcoming before the current enforcement date. However, the successful establishment of the PDPC is a fundamental prerequisite to enforcement and indicates that the effective date of the PDPA on June 1, 2022, is unlikely to be further postponed. In addition, the PDPA’s draft subordinate regulations that were the subject of a series of public hearings last year are likely to be issued in the near future. Companies and other organizations that are not yet compliant with the PDPA should now assess their