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INSIGHTS

Insights

We provide you with all of the latest legal developments in Southeast Asia, ensuring that you have the up-to-date knowledge you need to navigate the ever-changing legal landscape affecting your business. You can browse our entire library of publications below, and email [email protected] to sign up for updates that are relevant to your interests, delivered straight to your mailbox, as they emerge.

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April 29, 2011
In Thailand, laws relating to the enforcement of patent rights mainly involve the Patent Act of 1979, as a substantive law, and the Act for the Establishment of and Procedure for the Intellectual Property and International Trade Court of 1996, as a procedural law. Those Acts contain provisions relating to patent enforcement, particularly the rules of obtaining evidence from the opposing party. These provisions of law make civil suits on patent infringement worth pursuing.
April 29, 2011
In Thailand, marital property is referred to as Sin Somros. Section 1474 of the Civil and Commercial Code provides that Sin Somros consists of: (1) earnings and most other property acquired during marriage; (2) property acquired during marriage through a will or gift made in writing if it is declared by such will or document of gift to be Sin Somros; and (3) fruits of Sin Suan Tua (non-marital assets). This article examines the division of marital assets and debts under Thai law.
April 29, 2011
On March 19, 2010, the Drug Administration of Vietnam issued a notification to request that local Departments of Health in all cities and provinces of Vietnam step up the inspection and supervision of cosmetics from being circulated in the market. Accordingly, the local Departments of Health are coordinating with 127 local and central government agencies to inspect and supervise distribution and after-sale activities in the cosmetics industry. This article looks at the campaign.
April 29, 2011
In Thailand, most IP owners prefer to proceed with their cases under criminal law due to the uncertainty of obtaining compensation, costs to litigate the full court case, delays of trials, and other difficulties often associated with civil litigation.  The favorable advantage of prosecuting an IP case as a criminal action is that it can result in seizure of the infringing products.  The infringer would cease or hold manufacturing and distributing their infringing products and would be prosecuted in a criminal lawsuit by the police and the public prosecutor.
April 29, 2011
Unexpected, uncontrollable events have dominated news headlines of late, such as the recent volcano eruption in Iceland, an earthquake in China, and political unrest in Bangkok.  These types of events can continue into the unforeseeable future, leaving people to wonder when they will end.  Each event undoubtedly caused tremendous loss and damage, thus raising important legal questions: Do these events constitute force majeure? And under what circumstances is it possible for a party to be held responsible for obligations stemming from these events?
April 29, 2011
In building a brand, businesses typically begin with a narrowly focused brand image, including specific trademark configurations. Over time, these trademarks tend to evolve, with new stylistic elements being introduced for marketing purposes. If the main elements of the trademark remain consistent, brand owners assume that the prior use of a slightly different mark will help to support registration of the modified versions of the mark.
April 29, 2011
Over the last decade, the ability of IP rights holders to enforce their rights in Vietnam has improved greatly. This article examines a number of key developments and the current state of enforcement practice in Vietnam, and provides some strategy tips for rights holders seeking better IPR protection.
April 29, 2011
Foreign agrichemical companies usually opt to appoint their local distributors, agents, or licensees as the local entity to apply for and maintain product registration and import licenses as usually required by Asian Ministries of Agriculture.  Such appointments are normally set out in the distribution agreement.  While on most occasions this is a mutually beneficial relationship, sometimes local partners who have built up the business for those products may begin to compete unfairly or commit other breaches which leads to difficulties in terms of terminating a partner who holds t