It is strongly recommended that entities which are considering entering the Thai cannabis market file applications to protect their marks and patents in Thailand as soon as possible. Cannabis Trademarks Thailand operates under a first-to-file trademark system. The Thai Trademark Office has verbally confirmed that trademark applications which include goods or services relating to medical cannabis are registrable. That being said, recent developments indicate that the Trademark Office will require applicants who file specifically for medical cannabis goods or services to submit proof that the applicant has permission to produce drugs containing cannabis from the Thai Food and Drug Administration. In addition, the Trademark Office is taking a conservative approach when it comes to the words and images that are registrable as trademarks. The Trademark Office has advised that words or images relating to cannabis will be refused based on Section 8(9) of the Thai Trademark Act, which states that a trademark that is contrary to public order, morality, or public policy shall not be registered. Given the above, applicants should carefully consider the trademarks that they would like to protect in Thailand to avoid unnecessary refusals. If the applicant does not yet have such permission from the Thai Food and Drug Administration, it is recommended that the applicant’s mark make no reference to cannabis, either visually or verbally, and that the list of goods and/or services does not specifically refer to cannabis or related terminology. In short, we urge applicants to enter into the Thai market early, with carefully-chosen marks and deliberately-worded descriptions of goods and/or services. Cannabis Patents Cannabis-related products and processes are now eligible for patent protection in Thailand, with some restrictions. A cannabis plant, including its parts and crude extract, are considered mere products of nature and thus not patentable. Another important restriction applies to

Vietnam’s efforts against the outbreak of COVID-19 in the country have been largely successful, and despite two distinct spikes of local transmission, in both cases the spread was halted relatively quickly. As these complications from the COVID-19 pandemic have been playing out in Vietnam throughout 2020, it became clear that effective and strong enforcement of healthcare regulations, especially those related to disease control, was crucial. On September 28, 2020, the government of Vietnam took action on this by issuing Decree No. 117/2020/ND-CP (“Decree 117”), which provides penalties for administrative violations in the healthcare sector. Some provisions of Decree 117—mostly those related to disease control and epidemic situations—took effect immediately, with the remainder taking effect on November 15, 2020. The decree, which was based on a draft proposed by the Ministry of Health, replaced Decree No. 176/2013/ND-CP on the same matter. The main administrative penalties under Decree 117 are reprimands and fines. Depending on the severity of the violation, violators may also be subject to additional penalties such as suspension of a certificate of eligibility for pharmaceutical business (CEPB), a license for healthcare operation, or other licenses and practicing certificates for up to 24 months; confiscation of illegal items; suspension of operations for up to 24 months; or deportation. Furthermore, remedial measures such as forced return of illegal earnings, compulsory quarantine and medical examination, public correction, or compulsory payment of treatment fees may also be applied. Some key highlights of Decree 117 are discussed below. In relation to disease control, the maximum fine for failure to comply with quarantine is doubled to VND 20 million (USD 855) for infected people of type-A contagious diseases, and VND 10 million (USD 427) for those who are not infected but are asked to quarantine. Failure to declare one’s contagious disease to a doctor

The Thailand updates to Practical Law’s Life Sciences Global Guide  have been released online, with legal practitioners from Tilleke & Gibbins contributing the Pharmaceutical Intellectual Property and Competition Law section.The guide is a Q&A-style overview of the regulatory frameworks of the life sciences industries across multiple jurisdictions worldwide, with this chapter addressing the following issues as they relate to Thailand:

The Thailand updates to the Practical Law’s Life Sciences Global Guide  have been published, with attorneys from Tilleke & Gibbins providing answers for the Medicinal Product Regulation and Product Liability chapter.