Calculating damages is a difficult process in all variants of litigation. Assessing damages in cases involving trade secrets is, however, a far more arduous undertaking, riddled with complexities and obscurities that become particularly apparent when compared to assessments in cases relating to other forms of intellectual property rights.

Copyright has survived for 300 years without a registration system (as opposed to legal deposit systems, such as the one that exists in Thailand) for the works it protects and, therefore, arguably does not need one. But, in terms of enforcement, the lack of registration systems across the different categories of copyright works has severely impeded the adaptation of copyright to the digital environment.

The Department of Intellectual Property (DIP) in Thailand has accepted applications for the recordation of well-known marks since 2005.

In 1992, the National Office of Intellectual Property of Vietnam (NOIP) refused a trademark application due to its confusing similarity to the unregistered, but well-known, McDONALD’S trademark of the U.S. fast-food chain. This refusal was based merely on the reputation of the mark, as McDonald’s—at the time—had not yet used or shown any intention to use such mark in Vietnam. This was the very first case involving a “well-known mark” in Vietnam.

The rise of mobile technology—from laptops to smart phones to tablets—has ushered in a shift among consumers away from shopping at brick-and-mortar stores toward purchasing products online. Brand owners, in response, have moved huge resources toward online sales strategies. So it should be no surprise that counterfeiters, too, have mobilized to take advantage of the growing market for products on the Internet. As more and more commerce occurs on the Web, the number of fakes being sold online has also drastically risen.

Among the various types of intellectual property applications that are filed at the Indonesian Directorate General of Intellectual Property Rights (DGIP), trademark filing is the most common, with 62,813 applications being made in 2013. Among ASEAN countries, this figure places Indonesia firmly at the top in terms of the number of trademark applications filed. In view of this, the DGIP is revising the current trademark law and is implementing regulations to improve its services and provide greater legal certainty for all trademark owners in Indonesia.

ASEAN countries have entered into a broad range of free trade agreements (FTAs), and many more FTAs are currently in the process of being negotiated. As both bilateral and multilateral FTAs begin to phase in, tariffs will be reduced or eliminated and business owners will be faced with advantages and disadvantages. On one hand, producers can benefit from tariff-free access to sell their goods to customers in overseas markets, and they may have access to potentially cheaper raw materials purchased from foreign suppliers.

In recent years, Thailand’s customs regime has come under increased international and domestic scrutiny. One reason is that Thailand remains one of the few countries that presume strict criminal liability for importers and their representatives, even where an under-declaration of customs duty is the result of a mistake and/or negligence.