As Vietnam continues to fight the latest wave of the Covid-19 pandemic with strict social distancing measures, the Intellectual Property Office of Vietnam (IP Office) has issued Notice No. 7581/TB-SHTT dated August 2, 2021 (Notice 7581), extending certain deadlines for IP applicants. The contents of Notice 7581 are similar to those found in Notice 5277 issued in March 2020 during the first wave of the pandemic. Specifically, Notice 7581 reads as follows: All procedures related to procedures to establish industrial property rights (priority claims, supplementation of documents, responses to the IP Office’s decisions/notifications, renewal and extension of the validity of protection titles, payment of fees and charges, and filing of appeal petitions) falling due during the period from June 30, 2021, to the end of August 31, 2021, will automatically be extended to the end of September 30, 2021. For other cases, if an applicant is still affected by the Covid-19 epidemic with regard to the implementation of its rights and obligations in the procedures for establishing rights to industrial property objects at the IP Office, such applicant may request [the IP Office] to apply the clauses on objective obstacles and force majeure as set out in Points 9.4 and 9.5 of Circular No. 01/2007/TT-BKHCN, as amended and supplemented by Circular No. 16/2016/TT-BKHCN. Observations on the Content of Notice 7581 As with last year’s Notice 5277, it is worth noting that the wording of Notice 7581 covers only the procedures to “establish industrial property rights,” rather than all aspects of industrial property rights. Further, it could be understood that it provides a closed list of industrial property procedures that can enjoy this grace period, and that the deadline extensions would apply only to the specific items listed. Thus, it is uncertain if the deadline extension to September 30, 2021,

A 13-year extension of the least developed country transition period for applying the Agreement on Trade-Related Aspects of Intellectual Property Rights has long-term implications for Southeast Asia’s least developed nations.

To enforce more rigorous control of cross-border advertising activities, the Vietnamese government issued Decree No. 70/2021/ND-CP dated July 20, 2021 (Decree 70), amending and supplementing provisions of Decree No. 181/2013/ND-CP dated November 14, 2013, elaborating on some articles of the Law on Advertising. Decree 70 will take effect on September 15, 2021. According to the Deputy Director of the Authority of Broadcasting and Electronic Information, Decree 70 will allow better control over cross-border advertisement on platforms such as Facebook or YouTube. To that end, Decree 70 stipulates new obligations for these providers while also consolidating executive authority over cross-border advertising activities under the Ministry of Information and Communications (MIC). Revised Obligations for Cross-Border Advertising Services Significantly, Decree 70 overhauls Article 13, which provides the definitions and obligations for cross-border advertising service providers. Accordingly, cross-border advertising services are explained as the utilization of websites hosted outside Vietnam to provide ads targeted at Vietnamese consumers and obtain revenue in Vietnam. Notably, Article 13 defines such websites as a “single or multi-website system …  providing users with services for storage, provision, use, search, or exchange of information, sound or image sharing, forum creation, or live chat to supply advertising services.” This would effectively encompass many types of online environments, specifically social network sites, such as Facebook. In addition, more entities will be taxed on cross-border advertising revenue under Article 13, including not only service providers but also both domestic and overseas advertisers. Under Decree 70, cross-border advertising services must comply with Vietnam’s cybersecurity and intellectual property laws in addition to the Law on Advertising. Decree 70 requires foreign providers of cross-border advertising services to supply the MIC with direct contact information 15 days before commencing cross-border advertising activities in Vietnam. Domestic advertising service providers that cooperate with foreign entities to provide cross-border

Under the Thai Government’s latest Covid-19 prevention measures, private companies and government entities in the Bangkok Metropolitan Area and adjacent provinces must implement strict work-from-home measures for 14 days, with very limited exceptions, from July 20 to August 3 (subject to extension). During this period, the Thai Department of Intellectual Property (DIP) will temporarily close its physical receiving office and implement 100% online filing for all types of applications and requests. In anticipation of a surge in use of the online filing system, the DIP will upgrade its IT infrastructure from 5.00 p.m. on Friday, July 23, to 4.00 a.m. of Tuesday, July 27 (note that July 26 is a government holiday), during which time the system will be offline. This means neither online nor physical filings will be accepted during this period. The DIP has not allowed extensions of time for due dates of trademark applications falling during this period. If you have a due date that will fall within this period (including deadlines for responding to provisional refusals of International Trademark Registrations) please make sure to reach out to us by this Thursday, July 22, to ensure that your deadlines will be met. While exceptions for late submissions caused by the government measures may be available, requests for such exceptions must be made in writing and accompanied by evidence, and will be granted or declined based on the Registrar’s final discretion. As such it is not recommended to rely on such exceptions unless absolutely necessary. For more information, please contact Tilleke & Gibbins on +66 2056 5555 or [email protected].