On November 23, 2020, the Intellectual Property Office of Vietnam (IP Office) issued Notification No. 13822/TB-SHTT tightening the requirements for

Thailand’s Department of Intellectual Property (DIP) periodically holds public ceremonies for the destruction of counterfeit products in order to raise awareness of intellectual property rights infringement and deter the public from violating these rights by buying or selling counterfeit goods. Normally these events are open-air, community events, open to the general public. However, this year, as a precautionary measure against the risk of COVID-19, the DIP held its first destruction ceremony via real-time video stream, with the DIP in Greater Bangkok coordinating with destruction sites in Saraburi and Chon Buri Provinces. The destruction ceremony was held on September 9, 2020, with the DIP convening a press conference at the Office of the Permanent Secretary, Ministry of Commerce, located in Nonthaburi (part of the Bangkok Metropolitan Area). While only a limited number of people were permitted to attend in person, the DIP allowed people to join the ceremony via online videoconferencing. At the event, Mr. Thosapone Dangsuputra, director-general of the DIP, announced that a total of 785,376 pirated  and counterfeit items, worth around THB 354 million (USD 11.7 million), had been seized through the persistent efforts of the government—in particular the Royal Thai Police, the Customs Department, and the Department of Special Investigations. These infringing goods, all of which were destroyed in the event, related to concluded cases in the Bangkok Metropolitan Area and surrounding provinces. Deputy minister of commerce Mr. Weerasak Wangsuphakitkosol presided over the destruction ceremony and delivered an opening speech, followed by a demonstration of the destruction process for both in-person attendees and those joining the ceremony virtually. The infringing products were sent for destruction using one of two methods. Pirated and counterfeit goods such as clothes, bags, and other combustible items were incinerated at the facility in Saraburi Province, while products that could not be burned

It is not unusual for brand owners to take a closer look at the Thai market for their products only to find that a third party has already applied for registration of their trademark. Brand owners who face this situation usually become aware of it when they consider entering the Thai market after their brand has already become famous and successful elsewhere. Well-known marks are often usurped when a bad-faith applicant intentionally registers a trademark to benefit from the goodwill and reputation associated with that trademark. As Thailand is a first-to-file system for trademark registration, supplying proof of intention to use is not a requirement for registration. Thus, if a legitimate brand owner has never registered their trademark in Thailand, a bad-faith applicant might take advantage of this opening to file another person’s trademark in his or her own name. Overlooking the early securing of trademark rights in Thailand can lead to complex problems, even when brand owners have a relationship with a distributor in Thailand. The problem usually comes to light when a brand owner seeks to end their relationship with one distributor and start a business relationship with a new partner. In some cases, brand owners are blindsided when they learn that the previous distributor had surreptitiously filed for registration of the trademark in the distributor’s own name without alerting them—meaning that the former distributor now holds exclusive rights over the use of the trademark in Thailand. After finding out about a bad-faith trademark registration, many brand owners seek to cancel the Thai registration of the trademark to which they have better rights than the registrant. The Trademark Act provides several mechanisms that brand owners can rely on to pursue cancellation of trademark’s registration; however, none of the law’s provisions clearly state the possibility of canceling a

On September 30, 2020, Thailand’s Department of Intellectual Property (DIP) published its latest draft of the proposed amendments to the Patent Act B.E. 2522 (1979). The amendment process, which is taking place in two phases and has been pending for several years, began to take a higher profile in February 2018 with the convening of public hearings on the proposed new legislation. After a series of committee meetings through November of that year, the cabinet approved a set of proposed amendments in January 2019. The second phase in the amendment process then began, focusing on industrial design registration procedures and provisions to facilitate Thailand’s accession to the Hague Agreement Concerning the International Registration of Industrial Designs. The Committee on Patent Act Reform held nine meetings from March to November 2018, and then further discussed these proposed amendments with the Committee on the Law for the Development of Patents over seven meetings from February to July 2019. To get comments and recommendations on the proposed second-phase amendments, the DIP arranged public hearings from September to October 2019, before submitting the proposed amendments to the cabinet and Council of State for approval. On March 27, 2020, the Council of State requested that the proposed amendments from both phases be combined into a single Patent Act, thus shelving the initial idea of a separate Design Patent Act. Accordingly, the DIP made plans to revise the proposed amendments, using comments obtained during public hearings, before sending them to be reviewed by the Ministry of Commerce, the cabinet, the Council of State, and finally the parliament. This process began with the publication of the proposed amendments on the DIP’s website on September 30, 2020, and public hearings that were held through October 31, 2020. Patent-Related Amendments While these proposed amendments are likely to undergo