With the emergence of online marketplaces and e-commerce platforms, consumers have transformed their ways of engaging in transactions, gaining unprecedented convenience and access to a vast array of products. These platforms allow small businesses and individual entrepreneurs to reach a wider audience in an increasingly competitive market. Challenges in Tracing Online Infringers The growth of these online marketplaces and e-commerce platforms has also given rise to challenges, particularly in locating the actual identity of online infringers and combating intellectual property infringement activities. Online infringers often take advantage of anonymity to offer counterfeit products for sale on their platforms. Not only do these online infringing activities violate the rights of IP owners, but they also involve the sale of counterfeit products that are often manufactured with inferior quality and may pose significant risks to consumers’ health and safety. In today’s modern world, tracing the actual identity of online infringers proves challenging, as infringers adopt numerous methods to conceal their identity. The most frequently used method is using a fake name and address when dispatching parcels to consumers, making it difficult to verify the seller’s identity and the location of the sender on the parcel package. Some infringers exploit cash-on-delivery logistics services to prevent the disclosure of their identity, such as bank account numbers and bank account owner names, which would typically be required for direct payments. Instead, the shipping company collects the payment on their behalf, allowing the infringers to remain anonymous and making it more difficult to find their actual identity. Thailand’s New Regulations on Cash-on-Delivery Logistics Services Recently, the Committee on Contracts of Thailand’s Consumer Protection Board announced the Notification regarding Stipulation of Cash-on-Delivery Logistics Services as a Controlled-Receipt Business B.E. 2567 (2024) under the Consumer Protection Act B.E. 2522 (1979) in the Thai Royal Gazette dated July

A recent case at the Myanmar Competition Commission has set a significant precedent in the country’s approach to unfair competition practices. The case, involving a Thai manufacturer of cement grout and tile adhesive products and a local Myanmar producer, highlighted the Commission’s willingness to address issues of deceptive marketing and unfair competition. Background The case centered around a Thai manufacturer who has been distributing their cement grout and tile adhesive products in Myanmar for many years through local distribution agents. The company had established a well-known brand and a strong reputation for quality in the Myanmar market. In recent years, the Thai company discovered that a local individual in Myanmar was manufacturing and selling similar products with packaging nearly identical to their own. The local producer was using the same mark device, color, and packaging design themes, and the products contained deceptive information. Legal Proceedings After an initial cease-and-desist letter failed to resolve the issue, a complaint was submitted to the Myanmar Competition Commission. The case was notable because the Commission typically does not address issues of copying designs, marks, colors, or packaging themes. However, the complaint emphasized that the local individual was misleading customers and competing unfairly by using deceptive information and copying distinctive designs and themes. Lawyers from Tilleke & Gibbins, representing the Thai manufacturer, provided extensive documentation proving their client’s long-standing presence in the Myanmar market and the local individual’s deceptive practices. The Commission’s Investigation Committee conducted a thorough investigation, including market surveys and hearings involving both parties. Commission’s Decision After nearly a year of deliberation, on July 4, 2024, the Decision-Making Committee of the Myanmar Competition Commission ruled in favor of the Thai manufacturer. The decision required the local individual to: Immediately cease the production and distribution of cement grout and tile adhesive products bearing

On the afternoon of 19 April 2024, a cramped courtroom at the People’s Court of Hanoi was the setting for the first criminal trial of a case of copyright and related rights infringement in Vietnam, regarding the act of illegal streaming of English Premier League football matches on online platforms. This case is expected to open the door for the criminal prosecution of other cases of copyright and related rights infringement on the internet, an area that has faced numerous difficulties over the past two decades. First criminal case of illegal streaming Vietnamese criminal law has long had provisions in place for criminal handling of copyright infringement crimes, specifically in Article 131 of the 1999 Penal Code. However, more than 20 years after this law took effect, and even though Vietnam enacted the 2015 Penal Code with subsequent amendments, these regulations have remained mainly a law on paper only, and many significant and serious cases causing great frustration for rights holders and society have not been criminally prosecuted. The case in question was initiated by a denunciation of the BestBuyIPTV subscription service by the Football Association Premier League Limited (the “Premier League”) and the Alliance for Creativity and Entertainment (“ACE”), a coalition of global entertainment companies and film studios dedicated to combating digital piracy and copyright infringement. BestBuyIPTV had illegally streamed Premier League matches and other protected works without authorization of the rights holders. In 2023, after an extensive investigation, the Cybersecurity and High-Tech Crime Prevention Division (PA05) and the Police Department for Investigating Corruption, Smuggling, and Economic Crimes (PC03) of the Hanoi police brought a case for criminal copyright infringement, pursuant to Article 225 of the 2015 Penal Code, against the offender, an individual named Le Hai Nam, consolidating the dossiers for the People’s Procuracy to indict this

Experts from Tilleke & Gibbins’ intellectual property team have contributed an updated Intellectual Property Transactions in Vietnam to Thomson Reuters Practical Law, a high-level comparative overview of  laws and regulations across multiple jurisdictions. Intellectual Property Transactions focuses on business-related aspects of intellectual property, such as the value of intellectual assets in M&A transactions, and the licensing of IP portfolios. Key topics covered in the chapter include: IP assignment: Basis and formalities for assignments of patents, utility models, trademarks, copyright, design rights, trade secrets, confidential information, and domain names. IP licensing: Scope and formalities for licensing patents, utility models, trademarks, copyright, design rights, and trade secrets. Research and development collaborations. IP audits. IP aspects of M&A: Due diligence, warranties/indemnities, and transfer of IPRs. Employee and consultant agreements. Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The Intellectual Property Transactions Global Guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the Intellectual Property Transactions in Vietnam overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.