Wiramrudee “Pink” Mokkhavesa, a partner in Tilleke & Gibbins’ intellectual property department in Bangkok, was recently interviewed about the fight against counterfeit goods on an episode of the Bangkok Podcast. Wiramrudee is highly sought after for her expertise in combating counterfeiters across the region, and is a key resource person in Thailand on anticounterfeiting measures and intellectual property enforcement. In the podcast episode, Wiramrudee spoke about Tilleke & Gibbins’ Museum of Counterfeit Goods, which is located in the firm’s Bangkok office and displays various fake products from the firm’s intellectual property enforcement work over the years. She also laid out the staggering size of the counterfeit goods market both in the region and around the word—which has been estimated to account for between 2 and 3 percent of all global trade. Together, Wiramrudee and the podcast host discussed common questions about the impact of counterfeit goods, such as whether counterfeit goods are always harmful—even when consumers are aware that the products they are buying are fake. Wiramrudee offered reasons why counterfeits are harmful, including decreased durability and the potential for harm, as well as the impact on creators and the economy as a whole. The conversation also considered the role of the Thai government in enforcing laws related to counterfeits and how Tilleke & Gibbins advises clients on protecting and capitalizing on their intellectual property as they conduct business in Thailand. To learn more about the complex issue of counterfeit goods, listen to the full podcast episode below.  

Attorneys from Tilleke & Gibbins in Thailand have contributed to Model Clauses for Contracting in Asia, which was released recently by the Asian Business Law Institute (ABLI) under its Contract Laws in Asia project. The publication provides a neutral framework for parties entering into cross-border contracts, regardless of the governing law or subject matter of the contract. In today’s increasingly globalized economy, parties to commercial contracts are often based in different jurisdictions, with varying contract laws, legal labels, and languages. This often results in one of the parties entering into a contract governed by the laws of an unfamiliar jurisdiction. Similarly, if the parties opt for a neutral governing law, they may both be unfamiliar with the laws that govern their contract. To address these challenges, Model Clauses for Contracting in Asia provides enforceable model clauses that are jurisdiction-neutral and applicable to any contract subject matter. Each model clause is designed to be enforceable irrespective of which jurisdiction is selected as the governing law and irrespective of the subject matter of the contract. Tilleke & Gibbins has also contributed to earlier publications released by ABLI under the project, including insights on contract breaches and administrative and tax requirements. Model Clauses for Contracting in Asia is available for purchase here, or a free preview version can be downloaded here.

With Myanmar’s new Trademark Law set to come into force on April 1, enabling legislation has now been issued to grant certain courts jurisdiction to hear claims under the law. This provides trademark owners with an avenue to file claims under the Trademark Law for the first time, and is a very positive indication that no further delays to implementation are likely. The Trademark Law grants the Supreme Court of Myanmar the power to establish an Intellectual Property Rights Court. The Supreme Court can also assign new jurisdiction to existing courts pending the establishment of the Intellectual Property Rights Court. The enabling legislation, which takes the form of five notifications issued by the Supreme Court, accordingly confers jurisdiction on several existing courts. This includes the jurisdiction to hear criminal and civil complaints and appeals against decisions of the trademark authorities. The High Court of Yangon Region and the High Court of the Regions and States are also given appellate jurisdiction to hear appeals against the orders, decisions and judgments of other appointed courts. No further information has been given on whether or when a separate Intellectual Property Rights Court will be established. This development confirms that brand owners—who previously had no recourse to specialized courts in Myanmar regarding the enforcement of their trademark rights—will soon be able to pursue cases. Moreover, the issuance of these notifications gave a strong confirmation that the Trademark Law would indeed take effect on April 1, as planned. As we explained in a previous update, a date for the “grand opening” has yet to be announced, meaning it will still be some time before marks that were refiled during the “soft opening” will be given a filing date and before applications for all other marks can be filed. However, it is expected that the

Tilleke & Gibbins is proud to be one of the founding member firms for the newly launched Sino International Professional Advisory Council (SIPAC) platform. SIPAC is a global network of law firms that offer legal services tailored to the Chinese legal market. Legal advisors partnering with SIPAC provide Chinese companies with expert advice and guidance that enable them to conduct business in key jurisdictions around the world. SIPAC aims to create a platform that connects in-house counsel at Chinese companies with a wide range of legal services, to ensure that Chinese companies can conduct business overseas with maximum efficiency. By bringing together leading firms from different countries and industries, SIPAC offers a comprehensive solution for businesses seeking expert advice on doing business in different regions of the world. As a founding member firm of SIPAC, Tilleke & Gibbins brings a wealth of expertise and experience advising clients on complex legal matters across the region. The firm has been operating in Southeast Asia for over 130 years and has a team of over 220 lawyers, making it one of the largest in the region. With the launch of SIPAC, Tilleke & Gibbins and its fellow founding member firms are well-positioned to offer customized legal and regulatory recommendations that provide Chinese businesses with increased access to overseas markets.