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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 worldwide publicity surrounding recent political protests in Thailand, renewed focus has been placed on the force and effect of protest movements in all facets of Thai society.  One area in which this social phenomenon has particular force is in organized labor disputes and, specifically, on the growing influence of employee strikes in Thailand.
April 29, 2011
In this time of economic turmoil, the improvement of trade logistics is crucial in increasing the efficiency of systems of distribution, warehousing, maintenance, freight forwarding, etc. Nations are faced with the need to accelerate development of local logistics infrastructure in order to compete globally and respond to market demand, and this need can be particularly acute in the pharmaceutical industry for active pharmaceutical ingredients in bulk or finalized products.
April 29, 2011
Under new Food and Drug Administration requirements, certain cosmetic products may need to be reclassified and re-registered. Previously, there had been three categories of cosmetics: general cosmetics, controlled cosmetics, and specially controlled cosmetics. Under the ASEAN Harmonized Cosmetic Regulation Scheme, all cosmetic products will need to be registered with the Thai FDA within the controlled cosmetics category, and the other two categories will be eliminated.
April 29, 2011
Unlike trademarks or patents where registration is required to obtain full legal protection to help verify ownership, qualified copyright works enjoy protection under the Thai Copyright Act from the moment of creation of the work by the originator and do not require registration. Like most countries, Thailand recognizes the creation of a copyright work once an idea is expressed into some tangible medium of expression. Again, as in many countries, no registration procedure is available in Thailand except for a mere recordation.
April 29, 2011
When an applicant lacks a true understanding of the intended purpose of the patent system, has little or no experience in drafting a specification, and is not knowledgeable in patent laws and regulations, the chances his applications may be rejected based on avoidable grounds are high. This article examines a number of applications that demonstrate the dangers inherent in a weak grasp of applicable patent laws and deadlines.
April 29, 2011
Circular 22/2009/TT-BYT issued by the Ministry of Health, effective May 24, 2010, has clarified certain issues related to intellectual property rights and drug marketing approval in Vietnam. The Circular emphasizes that the applicant for marketing approval for a drug shall be responsible for any infringement of IPRs used on or in relation to the drug. Consequently, proof of IP cleanness for a drug, such as search reports, registration certificates, or application acceptance decisions, is no longer required by the Drug Administration of Vietnam for obtaining drug marketing approvals.
April 29, 2011
In Thailand, Registrars seeking to solve the problem of a mistakenly registered trademark may call upon the solution in Section 61 of the Thai Trademark Act, which permits the Board of Trademarks to re-examine such marks. Based on this section, the Board conducts re-examinations on distinctiveness, dissimilarity, and morality grounds only when an authorized person, limited to either an interested person or a Registrar, files a cancellation petition to the Board citing Section 61.