Chandavya Ing, an associate in the intellectual property group of Tilleke & Gibbins’ Phnom Penh office, coauthored an article titled “The Fate of Dependent Patents in Cambodia, Laos, Myanmar, Thailand, and Vietnam—A Comparison with the Situation in Germany and India” with Prof. Dr. Heinz Goddar, a patent attorney and partner in the Munich office of Boehmer & Boehmer. The article appeared in the September 2021 issue of les Nouvelles, the journal of the Licensing Executives Society International (LESI). Dependent patents are new patents that also rely on a previous one, such as when an invention builds on or adds new technology to a previous patented invention. This approach to securing commercial rights for progressive inventions is often seen in patent-heavy fields such as telecommunications and advanced technology. Commercializing a dependent patent without infringing the earlier patent (i.e., the one that it depends on) requires licensing from the holder of the earlier patent. If this proves unworkable, the dependent patent cannot go to market. While this may ensure that the original patent rights are upheld, such an impasse can also block innovation and progress. As the authors explain in the article, Germany and India (as well as other countries such as Russia and Taiwan) will enlist a state party in an effort to resolve any such situation that arises, often through a de-blocking mechanism such as a compulsory or non-voluntary license. The article then looks in detail at the de-blocking mechanisms and provisions in the legal and regulatory environment of various countries in Southeast Asia, before offering comparison to the situation in Germany and India. Overall, the authors conclude that a more active (but balanced) use of compulsory licensing—which already exists in many Southeast Asian countries but is not frequently employed outside of the pharmaceutical sector—might help clear patent-related obstacles

On September 9, Dino Santaniello, head of Tilleke & Gibbins in Laos, will speak in a construction and real estate webinar hosted by the European Chamber of Commerce in Laos (ECCIL). In the webinar, which will feature expert speakers from the legal and real estate industries, Dino will focus on the legal and regulatory environment regarding land ownership, commercial investment in Laos, real estate due diligence, and other real estate project-related activities. Dino and his fellow speakers will provide entrepreneurs, investors, project managers, and other interested parties with key insights on real estate and construction in Laos, as well as an understanding of the new Law on Land and related investment opportunities in the country. For more details and registration information, please visit the ECCIL website.

On August 27, Darani Vachanavuttivong, co-managing partner of Tilleke & Gibbins and managing director of the firm’s intellectual property group, moderated an International Trademark Association (INTA) Flash Briefing titled “IP Developments in the ASEAN Region.” The briefing was organized to provide analysis of the ASEAN IPR Action Plan 2016–2025, which aims to harness IP to support the regional grouping’s drive to be an innovative and competitive location for business. As moderator, Darani welcomed attendees and presented both an overview of economic trends in ASEAN and detailed statistical insights on trademarks, patents, designs, and utility models in member countries. She then welcomed the assistant director of the Consumer Protection and IPR Division in the Market Integration Directorate of the ASEAN Secretariat to share insights on the action plan—and the more recent ASEAN IPR Action Plan 2.0, which was developed after the mid-term review. A new initiative that just began in early 2021, INTA Flash Briefings are interactive conversations with IP experts and brand owners on emerging policy changes affecting trademarks and related rights across the globe.

Tilleke & Gibbins’ dispute resolution team members delivered a three-day Thai-language webinar series from August 24 to 26, focusing primarily on complex civil litigation in the construction sector. Pathanin Sornchangwat, associate, and Suruswadee Jaimsuwan, counsel, presented the first session titled “Lawyers and a Solution to Construction Business and Contracts.” During the event, they discussed common problems in the construction sector, provided practical advice on how companies can examine contracts to prevent unexpected complications, and addressed the role of lawyers in settling disputes. On the next day, Chusert Supasitthumrong, partner, and Pongpalin Chantrapirom, associate, discussed termination of business contracts. Chusert first explained principles of termination, including cause, methods, results, damages, and key issues businesses should be aware of. Pongpalin then addressed bases for termination of a logistics contract, pointed out particularly notable elements of a contract, highlighted key differences between contract types, and shared precedent cases from the Supreme Court. In the final webinar, Dutsadee Dutsadeepanich, associate, and Noppramart Thammateeradaycho, counsel, discussed issues related to permit withdrawal—informed by previous condominium cases. They noted some consequences of the action, and shared  legal defenses that condominium project owners might use when facing such an obstacle. They also shared their insights on the ongoing case regarding a recent court ruling on the construction permit of Ananda Development’s Ashton Asoke condominium project. Video recordings of all three sessions (in Thai) are available to watch on the Tilleke & Gibbins YouTube channel.