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 August 19, Tilleke & Gibbins and the Thai Listed Companies Association (TLCA) jointly hosted a Thai-language webinar to address the regulatory environment surrounding import procedures and permit applications for health products. In the first part of the session, Kasamesunt Teerasitsathaporn, partner in Tilleke & Gibbins’ dispute resolution group, provided an overview of the Customs Act, explained penalties imposed under the act, identified lists of prohibited and restricted goods, shared examples of products that require a declaration of permit documentation, and highlighted notable Customs Act provisions relating to health products. In the second part of the session, Dr. Atthachai Homhuan, director of the firm’s regulatory affairs practice, related some interesting case studies involving a wide range of health products, including medical equipment, pharmaceutical products, contact lenses, and other goods. Dr. Atthachai ended the presentation with practical advice to companies about managing their importation operations in compliance with the Customs Act. A full video recording of the webinar (in Thai) can be viewed on the Tilleke & Gibbins YouTube Channel.

To provide an overview of NFTs and associated legal implications, Tilleke & Gibbins collaborated with True Digital Park to present a Thai-language session offering various Thai legal perspectives on the NFT phenomenon. During the webinar, Kobkit Thienpreecha, partner and director of the firm’s corporate and commercial group; Nopparat Lalitkomon, senior associate from the same department; and Suebsiri Taweepon, partner in the firm’s intellectual property (IP) department, shared their thoughts on why NFTs are trending, analyzed existing laws applicable to the novel assets, looked at governance concepts, and provided in-depth details on NFT-related IP issues. Regulators in Thailand—like many across the world—haven’t had sufficient time to consider and implement regulations to govern NFT activity. In the meantime, Thailand’s Securities and Exchange Commission has prohibited NFTs and several other digital assets in the country. A full video recording of the webinar (in Thai) is available on the Tilleke & Gibbins YouTube channel.

On August 5, Athistha (Nop) Chitranukroh and Peerapong Pornpipatkul of Tilleke & Gibbins’ corporate and commercial group in Bangkok were welcomed as keynote speakers for a session entitled “Legal Unfolded” under the Startup Starter Kit series. Hosted by Global Startup Thailand—an initiative cofounded by Startup Thailand and the National Innovation Agency (NIA)—the Startup Starter Kit series is designed to provide practical business advice to local and international entrepreneurs looking to capitalize on new opportunities in Thailand. During the session, Athistha and Peerapong led attendees through an in-depth look at common legal concerns for startups in Thailand, including extensive discussions on: local laws and legal issues to consider before fundraising; negotiating term sheets, share subscription agreements, and shareholders’ agreements; Thai cybersecurity and data protection laws; and potential exit strategies for entrepreneurs. For more information on the webinar, which was delivered in Thai, please visit the event page.