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 to further technological development in patent-heavy fields, thus enabling technology transfer that would benefit Southeast Asian countries’ economies and technological development. The full article is available on the LESI website (subscription required).

Doing business in the emerging markets of Southeast Asia can often be frustrated by seemingly loose protections afforded to intellectual property (IP) rights, and the proliferation of counterfeit goods. In response to this, the governments of Cambodia, Laos, and Myanmar have taken great steps in recent years to protect these valuable commercial assets, strengthen IP laws, and build robust legal regimes for the registration, protection, and enforcement of IP rights. Although these legal frameworks are still developing, the current measures available are sufficient for many savvy companies to register and protect their IP rights and prevent the spread of harmful counterfeit products. To help companies navigate these measures, Tilleke & Gibbins’ IP team, in collaboration with the Australian Chambers of Commerce in Cambodia, Laos, and Myanmar, will be hosting a webinar entitled, “Intellectual Property in Cambodia, Laos and Myanmar” on Tuesday, February 02, starting at 10:00 a.m. (ICT) / 9:30 a.m. (MMT). This webinar will form part of a broader Legal Webinar Series on key legal topics for businesses that will take place throughout 2021. Chandavya Ing andDavid Mol, Advisors in Tilleke & Gibbins’ Cambodia office; Dino Santaniello, Head of Tilleke & Gibbins’ Laos Office; and Yuwadee Thean–ngarm, Director of Tilleke & Gibbins’ Myanmar office, will present an overview of the IP laws of Cambodia, Laos, and Myanmar, identify the measures available to companies seeking to protect their trademarks and other IP assets, and discuss some real-world case studies of successful IP enforcement in the region. The session will also include a Q&A session, where attendees will be able to put their questions to Tilleke & Gibbins’ IP teams in Phnom Penh, Vientiane, and Yangon. To register for this free-to-attend event, please complete this registration form. Should you have any queries, please email [email protected]

In-House Community, the well-respected publishing house behind Asian-Mena Counsel  magazine, has announced the shotlist for its 2020 Visionary Client Service Providers awards, naming Tilleke & Gibbins as one of the nominees for the prestigious accolade.