2022年4月4日、ミャンマーの国家行政評議会（State Administration Council）は、外貨両替の承認、両替義務の免除、海外への外貨送金の許可等を遂行する外国為替管理委員会 (Foreign Exchange Supervisory Committee) を設立しました。   外国為替管理委員会の設立は、2022年5月13日に国家行政評議会の命令28/2022が官報に掲載され、委員会に6人の人物が任命されたことで正式に決定しました。   外国為替管理委員会は、ミャンマーにて受け取る外貨を現地通貨に両替することを義務付ける政策の実施を担う中心的な機関です。   2022年4月にこの政策が制定されて以来、ミャンマー中央銀行は外貨の取り扱いを許可された銀行に対してさらなる説明と指示を出し、外国投資家の懸念に応えて特定の外国投資プロジェクトを両替義務の対象から除外し、中国、タイと接する国境における貿易については、両替義務が遂行されるべき期限を延長しました。   外国為替管理委員会は、国内外の投資、製造、輸出入、サービス業の外貨の流れを監督しています。   外国為替管理委員会は、特に以下の事項における外貨使用を検討し、承認する責務があります。 海外からの投資や製造に必要な機械、車両、設備、原材料の輸入。 国内市場で入手できない燃料、医薬品、食用油、肥料、殺虫剤、建設資材の輸入。 ミャンマー国民の医療、教育、宗教活動のための海外渡航。 一般商品の輸入、外国からの借入金返済・利払い、サービス料、投資利益の本国送還 各種嗜好品（ブランド品、宝飾品、スポーツカー、時計等）の輸入。   尚、外国為替管理委員会は、国家行政評議会から命じられたその他の外国為替管理に関する業務も行います。

Indonesia has issued a continuation of its debt relief program—which covers settlement of unpaid patent annuities—from 2021. The debt relief program, which Indonesia has named its “Crash Program,”  has been adjusted to make it more practical for debtors and responsive to their needs. The updated “Crash Program” is laid out in the Ministry of Finance’s Regulation No. 11/PMK.06/2022 regarding Settlement of State Receivables through the Crash Program Mechanism, which was issued on February 21, 2022, replacing a similar notification from the previous year. Patent annuities are “state receivables” and thus are an object of the Crash Program. According to the Directorate General of Intellectual Property (DGIP), as of March 2022, outstanding unpaid patent annuities due amounted to IDR 211 billion (approx. USD 14.5 million). The DGIP is thus promoting the Ministry of Finance’s Crash Program as a way for patent holders to pay their unpaid patent annuities. Under the Crash Program, debtors owing unpaid patent annuities can request the following types of debt relief: Waiver of all of debt interest, penalties, and other charges; 60% off debt principal; and From the remaining principal amount, additional deductions of: 40% if settled by June 2022; 30% if settled from July to September 2022; 20% if settled from July to December 20, 2022. The key aspects of the Crash Program under the new regulation are outlined below. Foreign Debtors The original Crash Program regulation from 2021 lacked specific information on requirements for foreign debtors to participate in the program. The new regulation, however, allows foreign debtors to obtain a letter of reference from their foreign consulate in Indonesia or authorized institution in the country of origin to fulfill requirements for supporting documentation in order to participate in the Crash Program. The letter of reference must confirm the debtor’s inability to pay the

On June 13, 2022, Laos’ Prime Minister’s Office issued Notification No. 829/PMO modifying the country’s minimum monthly wage. The notification calls for two increases over the next 11 months. The first increase will occur on August 1, 2022, when the minimum monthly wage will become LAK 1,200,000 (approx. USD 81). The second increase, to LAK 1,300,000 (approx. USD 88) will take effect on May 1, 2023. This raising is the first minimum wage increase in Laos since May 2018, and it comes at a time when the Lao kip is facing sharp depreciation against the US dollar, in conjunction with heightened inflation. Despite this increase, the cost of labor in Laos remains among the lowest in the region. In Cambodia the minimum daily wage is KHR 40,000 (approx. USD 10), with a minimum monthly wage of USD 194 for regular workers in the garment, textile, and footwear industries. The minimum wage in Myanmar is MMK 600 per hour, or MMK 4,800 (approx. USD 2) for an eight-hour work day. In Thailand, the minimum daily wage ranges from THB 313 to 336 (approx. USD 9–10), depending on the province. In Vietnam, which has recently updated its wage guidance, the minimum wage also varies by location, with daily minimums of VND 15,600–22,500 (approx. USD 0.7–1) and monthly minimums of VND 3,250,000–4,680,000 (approx. USD 141–203). For more details about the new minimum wage, or any other labor and employment matters in Laos, please contact Dino Santaniello at [email protected] or +856 21 262 355.

On June 16, 2022, the latest amendment of Vietnam’s Intellectual Property Law was finally ratified with the consent of 95.58% of the members of the National Assembly. The amendment has received much attention from not only IP rights holders but also law enforcement authorities, as changes have been made in respect of both IP ownership and enforcement. Notably, under the amended IP Law, Vietnam will recognize sound marks, which shows the country’s efforts to comply with international treaties and agreements to which it is a party, such as the EVFTA and CPTPP. Although there will be challenges in protecting sound marks, this adoption hopefully will provide IP rights owners with one more useful type of protection for their intellectual assets in the developing era of technology. Regarding copyright, the criteria for co-authorship have been clarified with more details regarding the number of authors (from two authors and above), the contribution of the authors, the intent of the authors, etc. These criteria are similar to other legal systems such as those of the U.K. or U.S. As the definition of co-author plays an important role in determining the ownership of the work, this change promises a better scenario with fewer disputes concerning the ownership of collaborative works. Unsurprisingly, the National Assembly agreed to keep administrative sanctions as one of the measures to deal with IP infringement. This is in contrast to one of the previous drafts of the amended law in which administrative sanctions were no longer listed as a way to protect IP rights. This removal had received strong negative feedback from many scholars and legal practitioners, who argued from the practical aspect that the civil litigation process often takes longer and has higher costs than administrative sanctions and, thus, would discourage owners from protecting their rights. Further, IP

Lawyers from Tilleke & Gibbins and its associate firm TGVN provided the Vietnam chapter of the Practical Law Patent Litigation Global Guide. The 2022 edition provides an overview of how patent disputes are handled in 33 jurisdictions worldwide. Tilleke & Gibbins also contributed the Thailand chapter of the guide. The Vietnam chapter of the guide covers the following topics in Practical Law’s signature Q&A format: Sources of law Court system Substantive law Parties to litigation Enforcement options Competition and antitrust Procedure in civil courts Preliminary relief Final remedies Appeal procedure Litigation costs Standard essential patents (SEPs); fair, reasonable, and nondiscriminatory (FRAND) licensing; and antisuit injunctions Practical Law, which is owned by Thomson Reuters, is the world’s leading legal know-how resource for business lawyers, publishing a wide range of guides covering hundreds of jurisdictions and practice areas. The full Vietnam overview from the Patent Litigation Global Guide can be accessed on the Practical Law website.

Thailand’s cannabis cultivation licensing scheme for the country’s transition toward legalization of the plant has now come to an end. The Ministry of Public Health (MOPH) announced in the Government Gazette that from June 9, 2022, “only cannabis extract with tetrahydrocannabinol (THC) of more than 0.2% by weight will be considered a narcotic.” This means that now anyone can grow, sell, or purchase cannabis seeds, plants, and inflorescence freely in Thailand, and licenses for the cultivation, possession, and distribution of cannabis are no longer required. Neither the number of cannabis plants nor the place of cultivation is restricted. It is thus the beginning of a new chapter for cannabis cultivation in Thailand, with many opining that now is a good time to enter this exciting and growing industry. The journey to this point began in 2019, when Thailand amended its laws on cannabis to allow for treatment for medical purposes, with one of the prerequisite conditions being that the cannabis must be grown in Thailand. The law was further amended to promote commercialization of the cannabis industry, allowing for cannabis to be added to food and beverages, cosmetics, and herbal products. In addition, three traditional cannabis-based formulas were listed in the universal healthcare coverage scheme, which means that almost all Thais have access to traditional cannabis recipes without cost. The successful launch of medical cannabis and its applications, and its viability as an economic industry, have become a national agenda and priority policy of the MOPH. In order to achieve the above outcomes, several legal frameworks and guidelines throughout the product’s lifecycle have been developed. For example, the Thai Food and Drug Administration (FDA) has so far granted licenses to cultivate cannabis (also known as a license to manufacture a narcotic) on more than 1,977 acres (around 800 hectares).

On May 23, 2022, the Public Limited Companies Act (No. 4) B.E. 2565 (2022) was approved and published in the Government Gazette. The updated law amends the previous version of the Public Limited Companies Act by formally allowing board of directors (BOD) and shareholders’ meetings to be held electronically, and amending corporate approval processes for public limited companies. The new act came into effect the day after its publication, but full implementation of certain amendments will only become practical after the issuance of various related subrules and subregulations. The key elements of the new act are described below. Electronic Dissemination of Company Notices and Advertisements Under the previous version of the Public Limited Companies Act, required company notices, statements, and advertisements had to be published in a local newspaper where the company is located, for at least three consecutive days. However, the amended act allows such notices, statements, and advertisements to be sent via electronic means, though the process must comply with subregulations to be issued by the Department of Business Development (DBD). Electronic Delivery Options for Documents The amended act allows public limited company notices or documents to be sent to company directors, shareholders, or creditors electronically instead of by registered mail, as long as the recipients have consented to receive such documents via electronic means. Electronic delivery of documents must comply with subregulations to be issued by the DBD. Additional Individuals Authorized to Call BOD Meetings In keeping with the previous version of the law, the amended act grants the chairperson of the BOD the authority to call a board meeting, and allows any two directors to jointly request that the chairperson call a meeting, in which case the chairperson must call the meeting within 14 days. The amended act further stipulates that if the chairperson does

Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) entered into force in full on June 1, 2022. The PDPA, which contains similarities to the EU’s General Data Protection Regulation (GDPR) introduces obligations and restrictions relating to the collection, use, and disclosure of personal data in Thailand. While the new law applies to franchisors and franchisees in the same way that it applies to other businesses, there are a number of issues that are of specific importance in franchise businesses. As franchisors and franchisees have the power and duty to make decisions concerning the collection, use, and disclosure of customers’ and employees’ personal data in the course of their operations, they are considered “data controllers” under the PDPA. The Trade Competition Commission of Thailand, via its Notification on the Guidelines for the Consideration of Unfair Trade Practices in Franchise Businesses issued under the Trade Competition Act B.E. 2560 (2017), defines a franchise relationship as one which, among others, involves an element of control by the franchisor over the business operations of the franchisee. It follows then that in some situations, franchisees’ collection, use, and disclosure of personal data will be according to the instructions of their franchisors. In such circumstances, a franchisee will be considered a “data processor” under the PDPA. Whether acting as data controllers or data processors, franchisors and franchisees must nonetheless comply with the requirements of the PDPA in the course of their operations. To ensure their activities are in compliance with the law, franchise businesses should consider five major actions: 1. Auditing existing data collection and retention practices Whether operating online or via a brick and mortar shop, it is increasingly common for franchise businesses to store and process customers’ personal data. This may include the storage and transmission of credit card information for auto-billing