On September 9 and 10, Michelle Ray-Jones, as president of the Licensing Executives Society (LES) in Thailand, together with Ploynapa Julagasigorn, the LES Thailand secretary, hosted a virtual annual conference 2021 under the theme “Supporting Sustainable Development Goals (SDGs): Challenges and Opportunities During the COVID-19 Era.” The conference was broken down into four main sessions featuring 20 guest speakers on a wide range of topics in response to the pandemic. The first session, “COVID-19: Impacts & Plans for the future,” highlighted COVID-19 vaccine development, addressed the impact of increased remote working arrangements on infrastructure and operations, and covered challenges and shifts in human resources, sales, services, insurance, legal operations, and the use of advanced technology—such as AI-generated inventions in biotech and related IP ownership issues. In the second session, “Future Technology and Licensing Trends,” speakers discussed tech and licensing lessons learned in 2020, licensing trends in 2021, and predictions for the near future. The third session explored how food, nutrition, and agriculture collectively play a crucial role in helping humanity recover from this pandemic. The speakers talked about the booming plant-based products industry and discussed its effects on the agricultural landscape and sustainable agriculture initiatives in Southeast Asia. The last session focused on global climate change and decarbonization efforts, with speakers highlighting some decarbonization solutions and exploring possible technology-transfer strategies to enable the sharing of technologies that can fight climate change.

Chandavya Ing, an associate in the intellectual property group of Tilleke & Gibbins’ Phnom Penh office, coauthored an article titled “The Fate of Dependent Patents in Cambodia, Laos, Myanmar, Thailand, and Vietnam—A Comparison with the Situation in Germany and India” with Prof. Dr. Heinz Goddar, a patent attorney and partner in the Munich office of Boehmer & Boehmer. The article appeared in the September 2021 issue of les Nouvelles, the journal of the Licensing Executives Society International (LESI). Dependent patents are new patents that also rely on a previous one, such as when an invention builds on or adds new technology to a previous patented invention. This approach to securing commercial rights for progressive inventions is often seen in patent-heavy fields such as telecommunications and advanced technology. Commercializing a dependent patent without infringing the earlier patent (i.e., the one that it depends on) requires licensing from the holder of the earlier patent. If this proves unworkable, the dependent patent cannot go to market. While this may ensure that the original patent rights are upheld, such an impasse can also block innovation and progress. As the authors explain in the article, Germany and India (as well as other countries such as Russia and Taiwan) will enlist a state party in an effort to resolve any such situation that arises, often through a de-blocking mechanism such as a compulsory or non-voluntary license. The article then looks in detail at the de-blocking mechanisms and provisions in the legal and regulatory environment of various countries in Southeast Asia, before offering comparison to the situation in Germany and India. Overall, the authors conclude that a more active (but balanced) use of compulsory licensing—which already exists in many Southeast Asian countries but is not frequently employed outside of the pharmaceutical sector—might help clear patent-related obstacles

To provide an overview of NFTs and associated legal implications, Tilleke & Gibbins collaborated with True Digital Park to present a Thai-language session offering various Thai legal perspectives on the NFT phenomenon. During the webinar, Kobkit Thienpreecha, partner and director of the firm’s corporate and commercial group; Nopparat Lalitkomon, senior associate from the same department; and Suebsiri Taweepon, partner in the firm’s intellectual property (IP) department, shared their thoughts on why NFTs are trending, analyzed existing laws applicable to the novel assets, looked at governance concepts, and provided in-depth details on NFT-related IP issues. Regulators in Thailand—like many across the world—haven’t had sufficient time to consider and implement regulations to govern NFT activity. In the meantime, Thailand’s Securities and Exchange Commission has prohibited NFTs and several other digital assets in the country. A full video recording of the webinar (in Thai) is available on the Tilleke & Gibbins YouTube channel.

On August 5, Athistha (Nop) Chitranukroh and Peerapong Pornpipatkul of Tilleke & Gibbins’ corporate and commercial group in Bangkok were welcomed as keynote speakers for a session entitled “Legal Unfolded” under the Startup Starter Kit series. Hosted by Global Startup Thailand—an initiative cofounded by Startup Thailand and the National Innovation Agency (NIA)—the Startup Starter Kit series is designed to provide practical business advice to local and international entrepreneurs looking to capitalize on new opportunities in Thailand. During the session, Athistha and Peerapong led attendees through an in-depth look at common legal concerns for startups in Thailand, including extensive discussions on: local laws and legal issues to consider before fundraising; negotiating term sheets, share subscription agreements, and shareholders’ agreements; Thai cybersecurity and data protection laws; and potential exit strategies for entrepreneurs. For more information on the webinar, which was delivered in Thai, please visit the event page.