Indonesia’s new Criminal Code was passed by Parliament on December 6, 2022, and ratified by the president and promulgated on January 2, 2023, as Law No. 1 of 2023. The new Criminal Code will take effect after three years (i.e., January 2, 2026) and is a complete overhaul of the previous version, much of which was based on Dutch law drafted during the colonial period. The Criminal Code currently in effect (sometimes referred to by the initials KUHP after its Indonesian name), dates from 1918 and was codified and unified in 1946 following Indonesia’s independence the year before. Much of the news surrounding the new Criminal Code has focused on certain controversial passages in the new code, including articles that criminalize insulting the president, cohabitation, blasphemy, and sex outside of marriage, and limit the right to protest. Under the new Criminal Code, anyone found to have violated these provisions could be imprisoned for a period ranging from a few months to a few years. Apart from the more controversial provisions, several articles in the new Criminal Code relate to intellectual property (IP). IP owners should be aware of these provisions in order to avoid committing punishable acts and to understand the criminal enforcement options for their IP rights. The most relevant parts of the law are discussed below. Trademark and Branding Infringement Under the new Criminal Code, the misuse of marks on goods or packaging is punishable by up to four years in prison or a maximum fine of IDR 500 million (approx. USD 32,735), possibly including indemnity. This misuse covers various acts of wrongfully affixing marks on goods or packaging—such as when a counterfeiter makes use of fake or unauthorized branding to falsely imply that goods are genuine. Prosecution of these criminal acts can only commence based on

The January–March 2023 issue of Asia Franchise & Business Opportunities magazine features an article by two franchising specialists in Tilleke & Gibbins’ Bangkok office. Written by Alan Adcock, partner, and Sher Hann Chua, consultant, the article provides a summary of the legislative developments of 2022 most relevant to franchisors and franchisees. The update looks especially at amendments to Thailand’s unfair trade practices in franchising, as well as the far-reaching Personal Data Protection Act, which is reshaping the way businesses—including franchises—are handling the personal data of customers, partners, and employees. The article is accompanied by a Chinese-language summary of the developments. The full article can be read online in the January–March 2023 issue of Asia Franchise & Business Opportunities.

Thailand changed its system for customs recordation and various other customs procedures when its Customs Notification No. 106/2565 on the Export, Import, and Transit of Trademark- and Copyright-Infringing Goods came into effect on July 29, 2022. The revamped system updates the process by which entrepreneurs and brand owners can work with the Customs Department to protect their intellectual property rights (IPRs) from cross-border trade in counterfeit and pirated goods. To support these changes, the Customs Department launched a new platform called the Thai Customs IPR Recordation System (TCIRs) in September 2022. Trademark or copyright owners (or their representatives) can file new customs recordation applications, make changes to information, and renew customs recordation applications via this platform. The filed information will be kept confidential in Thai Customs’ database and will be used as evidence in cases of seizure of counterfeit or pirated goods. The new platform allows submission of information on genuine goods and inspection methods in the form of images and PDF files, which will enhance the effectiveness of the goods verification process of the Customs Department. Customs Recordation through TCIRs Trademark or copyright owners (or their representatives) may file an application specifying information that customs officers can use to verify the authenticity of the goods being exported, imported, or transited through Thailand. The application can be filed with the Enforcement Division of the Customs Department. The information in the application will be kept for three years from the date of receipt (or for the remaining period of trademark or copyright protection, if less than three years). Renewals can be filed no later than 30 days before the expiry date. Any changes in information must be made with the Enforcement Division. Key Takeaways As the legislation has changed to mandate that customs recordation applications go directly to the Customs

On January 12, 2023, Myanmar’s Intellectual Property Department (IPD) announced that the country’s Trademark Law enacted in 2019 is set be enforced in March 2023. While an official notification specifying the effective date of the Trademark Law has not yet been issued, this significant announcement by the IPD indicates the impending implementation of the new trademark framework and alerts mark owners to make the necessary preparations to secure trademark protection in Myanmar under the new legal regime. The announcement confirms that trademark registrations, and the procedures for accepting payments, will commence once the Trademark Law enters into force (assuming there is no significant change from the IPD). Based on the Ministry of Commerce’s order (No. 63/2020) initiating the “soft opening” period, as well as this announcement from the IPD, it is expected that the fees for trademark registration will be issued soon, by a separate notification, before enforcement of the Trademark Law. Subsequently, applicants will be allowed to refile existing marks (recorded under Myanmar’s old system or used in the country), together with payment, up until officials announce the end of the IPD’s soft opening period (i.e., the “grand opening” of the IPD). During this time, existing marks can be refiled with the IPD either in person by the mark owner or online by an IPD-certified local representative. After the announcement of the fees and payment process for trademark registration, all mark owners who had previously filed their existing marks during the soft opening period must also pay the necessary fees for their applications. While subsequent announcements will provide details on exactly how to proceed, owners of marks that qualify to be filed during the IPD’s soft opening period should strongly consider refiling the marks with the IPD as soon as possible—if they have not done so already—to reserve