Attorneys from Tilleke & Gibbins have written the Vietnam chapter for Licensing 2022, a comparative guide from Lexology Getting the Deal Through to licensing law and practice in 17 countries around the world. Licensing 2022, a guide that provides an overview of a wide range of licensing relationships, including licensing of copyrights, trademarks, and patents; software licenses; technology transfer agreements; and franchise agreements. The book also addresses issues of royalties and other payments, taxes, competition law, and termination of licensing relationships. The Vietnam chapter was authored by Linh Thi Mai Nguyen, partner and head of Tilleke & Gibbins’ trademark team in Vietnam; Son Thai Hoang, trademark executive; and Chi Lan Dang, associate, of Tilleke & Gibbins’ trademark team, along with corporate and commercial senior associate Tu Ngoc Trinh, who has extensive experience in franchising and competition law. The Vietnam chapter is available below as a PDF. Tilleke & Gibbins also contributed the Thailand chapter to Licensing 2022. To browse all 17 jurisdictions covered by the guide, please visit the Getting the Deal Through website.

In recent months, Thailand’s Securities and Exchange Commission (SEC) has made significant regulatory strides toward realizing its plan to allow small and medium enterprises (SMEs) and startups to access funding through public offerings. These SME and startup public offerings, or “SME-POs,” were first announced by the SEC in September 2021 and will take place on a new, dedicated secondary exchange. On December 29, 2021, the SEC issued new regulations setting out the requirements for SMEs and startups seeking to offer securities for sale to the public, and for listing securities on the newly created secondary market (which is named the “Live Exchange”). This was soon followed—on January 7, 2022—by an SEC announcement of a “New Year gift,” declining to set any fees for SMEs and startups that wish to raise funds through an SME-PO. While there were several notifications announced by the Capital Market Supervisory Board on December 29, 2021, two key notifications apply to SME-POs and the Live Exchange: Notification No. TorJor. 71/2564 re: Newly Issued Shares by Public Companies for Listings on Live Exchange and Securities Offerings on Live Exchange Notification No. TorJor. 75/2564 re: Post-obligations of Companies after Offering Newly Issued Shares for Listing on Live Exchange These notifications took effect on January 16, 2022. Under the new legal framework set out by the notifications, an SME-PO issuer must be structured as a public company, with no characteristics of an investment company (i.e., no activity related to investment in the business of other companies) or involvement in illegal activities. Businesses are also expected to receive similar tax benefits to entities that list securities on the Stock Exchange of Thailand (SET) or the Market for Alternative Investment (MAI). The new regulations rely on an information-based approach, whereby general approval is granted without the requirement to apply for

Cambodia, Laos, Myanmar, and Vietnam present attractive options for foreign direct investment (FDI). As all of these countries look toward the end of the COVID-19 pandemic, FDI will play an important part in their continued economic development. Specialists from Tilleke & Gibbins in these countries have written chapters in the Foreign Investment Review 2022, published by Lexology Getting the Deal Through, about the framework for FDI in each jurisdiction to provide investors and entrepreneurs with clear guidance for their business operations in Southeast Asia. Specifically, the chapters cover the following topics: Law and Policy: Government policies and practices, main laws and their scope of application (including details on investment promotional measures), definitions, rules for state-owned enterprises and sovereign wealth funds, relevant authorities and oversight, and national interest provisions. Procedure: Jurisdictional thresholds, national interest clearance, securing approval, the review process for competition clearance and associated penalties, involvement of authorities, facilitation of clearance, and post-closing regulatory powers. Substantive assessment: Substantive tests for clearance, authorities’ consultation with other countries and other relevant parties, transactional prohibitions and objections, mitigating arrangements and challenges to a decision, and protection of confidential information. Recent cases, updates, and trends: Relevant recent case law, key recent and ongoing developments. A PDF of each chapter is available on Tilleke & Gibbins’ individual pages for the Cambodia, Laos, Myanmar, and Vietnam chapters of Foreign Investment Review 2022. To browse the full guide for all 29 jurisdictions, please visit the Getting the Deal Through website.

Lawyers from Tilleke & Gibbins’ office in Phnom Penh contributed the Cambodia chapter to Foreign Investment Review 2022, a global guide to the legal and regulatory environment for foreign investment in 29 jurisdictions around the world. Published and distributed by Getting the Deal Through (GTDT), the guide is focused on law and policy regarding foreign investment oversight, regulatory frameworks, procedural requirements, and other notable concerns for foreign investors. The Cambodia chapter was authored by Jay Cohen, partner and director of Tilleke & Gibbins’ Phnom Penh office, and Nitikar Nith, associate. The chapter focuses most closely on the law and policy section, which explains the government’s policies and practices regarding foreign direct investment, the main investment laws and their scope, and the relevant authorities in charge of regulating mergers, acquisitions, and other business transactions. The chapter also brings up key recent developments, such as the October 2021 passage of laws on investment and competition. A PDF of the Cambodia chapter can be downloaded through the button below. Tilleke & Gibbins also provided the Laos, Myanmar, and Vietnam chapters to Foreign Investment Review 2022. To browse the full guide for all 29 jurisdictions, please visit the Getting the Deal Through website.