Thailand is preparing to offer new tools for intellectual property enforcement as the Electronic Transactions Development Agency (ETDA) recently released for public consultation a draft notification requiring social media platforms to verify user identities and conduct know-your-customer (KYC) checks on advertisers. The draft Notification of the Electronic Transactions Commission on Measures to Prevent Technological Crimes for Social Media Service Providers, which is to be issued under the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes B.E. 2566 (2023), as amended in 2025, primarily aims to combat online fraud and technology-related crimes. However, its new obligations also provide IP owners with valuable tools to identify anonymous infringers. Key Regulatory Mandates The draft notification imposes several verification requirements on social media platforms operating in Thailand. These requirements also strengthen IP rights holders’ ability to identify anonymous infringers, as platforms must: Verify user identities through registered phone numbers and link all accounts to verifiable identities. Conduct KYC checks on advertisers, including individuals, companies, and any third-party payers. Perform heightened identity checks for high-risk or repeat offenders before publishing advertisements. Promptly remove content flagged by the Anti-Technology Crime Division and prescreen advertisements for prohibited or high-risk content. How IP Owners Can Use This Notification for Enforcement The phone number–based verification requirement enables IP owners to work more effectively with enforcement authorities in tracing individuals or entities responsible for infringing content. The comprehensive advertiser KYC obligations, including mandatory disclosure of third-party payment sources, create a clear audit trail even when bad actors attempt to obscure their identity through intermediaries or shell accounts. This traceability is essential for pursuing damages and dismantling organized counterfeit operations. The ETDA is now considering adjustments to the draft notification after receiving comments during the public consultation period, which ended on February 2, 2026. Following finalization

Tilleke & Gibbins has updated the Vietnam chapter in the newly released Licensing 2026 guide, published by Lexology Panoramic. The comparative guide provides companies and other interested readers with information on licensing law and practice in various countries around the world. Licensing 2026 provides detailed information on the following topics: Restrictions, laws and licensing arrangements Intellectual property issues: Paris Convention for the Protection of Industrial Property, contesting the validity of licensor’s IP rights, invalidity and expiry of IP rights, security interests, proceedings against third parties, sublicensing, jointly owned IP, first to file, scope of patent protection, trade secrets, copyright Software licensing: Perpetual licensing, legal requirements, user restrictions Royalties and payments, currency conversion, and taxes: Relevant legislation, restrictions, taxation of foreign licensors Competition law issues: Restrictions on trade, legal restrictions, and IP-related court rulings Indemnification, disclaimers, and damages: Prevalence and enforceability of indemnity provisions and contractual waivers of damages Termination: Right to terminate, impact of termination Bankruptcy: Impact of licensee or licensor bankruptcy Dispute resolution: Governing law, arbitration, enforceability, injunctive relief, contractual waivers The Vietnam chapter is available below as a PDF. Readers can gain 30 days of complementary access to the full Licensing 2026 guide and the rest of Lexology Panoramic’s varied offerings through this link.

On December 26, 2025, the government of Vietnam promulgated Decree No. 341/2025/ND-CP on administrative sanctions for violations of copyright and related rights (Decree 341), with an effective date of February 15, 2026. The new decree replaces Decree No. 131/2013/ND-CP, as amended, and represents the first comprehensive revision of the administrative enforcement framework in this area in eight years. Legislative Context and Objectives Decree 341 reflects Vietnam’s evolving copyright and related-rights framework, particularly in light of the country’s commitments under bilateral, regional, and multilateral treaties governing the digital environment. While the decree retains a number of provisions from the previous regime, it also introduces significant amendments to infringing acts, penalty thresholds, remedial measures, and enforcement procedures. The primary objectives of the new decree are to (i) enhance the deterrent effect of administrative sanctions; (ii) harmonize sanctions with the 2025 amendments to the Law on Intellectual Property and criminal law principles; and (iii) address enforcement challenges arising from online and cross-border exploitation of copyrighted works. Expanded Scope of Sanctionable Subjects Under Decree 341, administrative sanctions apply not only to Vietnamese entities committing infringing acts within Vietnam, but also to Vietnamese and foreign entities that commit acts of infringement on the internet where the protected content is accessed, consumed, or exploited by users in Vietnam. This expansion reflects the realities of cross-border digital exploitation. However, the decree does not yet provide precise definitions of key terms such as “users” or “consumers” of digital content in Vietnam, which may require further regulatory clarification. Monetary Penalties and Penalty Structure The statutory maximum fines remain unchanged, at VND 250 million for individuals and VND 500 million for organizations, but the penalty framework is substantially restructured. Fines are now calibrated based on three core criteria: (i) the amount of illegal profit obtained; (ii) the level of

Vietnam’s Intellectual Property (IP) Law, despite being amended in 2022, underwent another significant revision at the end of 2025. The latest amendment aimed to address five major policy objectives set by the Vietnamese government, including promoting innovation, digital transformation, and international integration. Among the most notable changes in the 2025 IP Law, which takes effect on 1 April 2026, is the expansion of industrial design protection under Article 4.13. The revised definition now includes partial designs and intangible designs, marking a transformative shift in Vietnam’s industrial design regime. This change has particularly significant implications on designs classified under Class 32 of the Locarno Classification—which covers graphic designs, logos, ornamentation, surface patterns, arrangements, and other intangible products. These designs, previously excluded from protection in Vietnam, are now recognized under the new legal framework. Background: Status of Class 32 Designs Before 2026 Th Intellectual Property Office of Vietnam currently applies the 13th edition of the Locarno Classification for industrial design filings. However, not all classes in this system have historically been eligible for protection. Under the 2022 IP Law, Class 32 designs were explicitly excluded based on the following legal grounds: Definition under Article 4.13 (2022 IP Law): “An industrial design is the external appearance of a product or a component for assembly into a complex product, expressed in shapes, lines, colors, or a combination thereof, and visible during the exploitation of the product’s utility or the complex product.” Product requirements under Article 21.2 of Circular 23/2023/TT-BKHCN: A product is defined as an object, a tool, a device, or means, manufactured by industrial or handicraft methods, with clear structure and function. A component for assembly into a complex product must be capable of independent circulation and detachable from the complex product. Based on these definitions, Class 32 designs, such as graphical