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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
With the official implementation of the ASEAN Free Trade Agreement effective on January 1, 2010, companies now have an expanded opportunity to increase exports in this important and diverse market. In regard to food, however, it should be noted that companies are still required to register their products with the local Food Agencies. Even though harmonization of rules for food products is a stated aim of ASEAN members—similar to the ASEAN Harmonization on Pharmaceutical Registration already in place for pharmaceutical products—harmonized rules have not yet been implemented in this area.
April 29, 2011
According to the Vietnam National Internet Centre (VNNIC), there have been hundreds of complaints requesting the withdrawal of registered .vn domain names. The most popular ground for such complaints is that the registered domain names are identical to complainants’ registered trademarks or trade names. This article examines new guidelines that were recently issued to deal with such disputes.
April 29, 2011
On April 30, 2010, the Office of the United States Trade Representative (USTR) published its 2010 Special 301 Report examining the application and effectiveness of intellectual property rights enforcement by countries around the world. Thailand, for the fourth year in a row, has been maintained on the Priority Watch List. The USTR has highlighted its concerns regarding the increase of manufacturing and distribution of illegal optical discs and the significant amount of internet, cable, and signal piracy. This article looks at the Report’s findings and its expected impact.
April 29, 2011
With Vietnam’s entry into the World Trade Organization, it is expected that franchising activity in the country will increase markedly over the next few years. There are presently a handful of major franchises operating in the country, including Kentucky Fried Chicken, Subway, Lotteria, Jollibee, Pho 24, Gloria Jean’s Coffees, Buntamita, and Cartridge World. These franchises view Vietnam as strong potential market, as it is the 12th most populous country in the world, with a young dynamic population that places a high premium on reputable international brands.
April 29, 2011
In the 15 years since Thailand became a member of the TRIPs Agreement, the country’s intellectual property laws have evolved significantly. A major evolution in the protection of IP rights in Thailand was the establishment in 1997 of the Intellectual Property and International Trade Court, which serves as the court of first instance for IP cases, after which cases may be appealed directly to the Supreme Court.
April 29, 2011
Under trademark law, a trademark owner has the exclusive right to use his/her registered mark. In reality, however, other traders may use or intend to use a trademark that is identical with or similar to such a registered mark. In these circumstances, those who would like to use such a mark may contact the owner of the prior registered trademark to obtain consent, in the form of an agreement, allowing them to use or even to register that similar mark. The purpose of this agreement is to allow the similar trademark to be registered and coexist with the prior registered trademark.
April 29, 2011
Recent political events in Thailand have impacted the lives of many, some in tragic and permanent ways. The unrest, which led to a near complete shut-down of Bangkok’s Commercial Center, culminated in chaos and physical destruction, impacting many business operators. Basic public utility services such as electricity, water, and telephones were not available in many areas. For security reasons, banks were forced to close, roads were blocked, and businesses could not operate or were otherwise forced to implement emergency plans to continue operations. Under these unique ci