Thailand currently lacks a specific franchise act. Consequently, the legality of any franchise agreement is determined by its compliance with various existing laws, such as the Civil and Commercial Code, the Trademark Act B.E. 2534 (1991) (as amended), and the Unfair Contract Terms Act B.E. 2530 (1997). Thailand is a freedom-to-contract jurisdiction. This allows for a high degree of flexibility and autonomy in contractual arrangements, provided that the terms do not violate any laws or public policy and do not fall under the scope of unfair contract terms. Given this, the requirement for fairness in franchise agreement terms often leads to uncertainty, but decisions from the Trade Competition Commission of Thailand (TCCT) can provide guidance on whether specific contentious terms are in fact fair.  One issue worth examining in this light is the inclusion of terms on nonrefundable franchise fees and strict purchasing conditions. Franchise Fee: Unfair to Refuse Refund? Nonrefundable franchise fees represent a significant upfront investment for franchisees, often becoming a point of contention if the franchise relationship deteriorates or the franchisor ceases operations. Their fairness and enforceability are frequently scrutinized by regulatory bodies like the TCCT, highlighting the critical balance between contractual freedom and franchisee protection. Faced with one such case, the TCCT considered whether it was unfair for the franchisor to refuse to refund the franchise fee after the franchisor ceased operations.  The franchisee had entered into a service agreement on August 2, 2021, and begun operating on October 9, 2021. However, by November 21, 2023, the franchisee was notified that the system would be shut down for maintenance, and by December 26, 2023, the franchisor announced the cessation of operations due to financial losses. The franchisee then requested a refund of the franchise fee. Unfortunately for the franchisee, the TCCT found that the franchisor’s shutdown and cessation of services

On October 22, 2025, the Thai government posted a directive not to grant gambling licenses for gambling involving poker nationwide to crack down on illegal gambling activities. The directive was issued by Thailand’s Ministry of Interior to align with government policies to prevent the legalization of all types of gambling businesses, including poker as a sporting activity. This will result in the revocation of poker activities as sport and institute a strict ban on such activities nationwide. Businesses should note the new government’s strict approach toward gambling activities as the legal situation regarding gambling in the country continues to draw close attention.

Myanmar’s customs authorities have introduced new procedures allowing copyright holders to protect their intellectual property from infringing goods at the border. The Ministry of Finance and Revenue issued Notification No. 107/2025 on September 11, 2025, establishing rules and requirements for customs recordation under the Copyright Law of 2019. The notification includes eight official forms for copyright-related customs matters—three for applicants and five for the Customs Department. This was followed by Customs Department Announcement No. 1/2025, dated September 29, 2025, which details the security required for suspended goods. Customs recordation provides a proactive mechanism for rights holders to prevent importation of pirated works. By registering their works with the Customs Department, rights holders gain access to enhanced border enforcement measures, empowering customs officials to identify and intercept pirated goods before they enter the market. While copyright protection in Myanmar arises automatically under the Copyright Law of 2019, a registration certificate for copyright or related rights is required to apply for customs recordation. Customs Recordation Registered copyright and related rights holders can apply directly or through authorized legal representatives for customs recordation to prevent cross-border trade in pirated works. Applications must use the prescribed form and include all supporting documentary evidence specified in the form. The Customs Department will notify applicants within 15 days of receiving their application. Each recordation remains valid for two years from the date of acceptance and may be renewed for successive two-year periods by submitting a renewal application at least 30 days before expiration. Rights holders whose works are recorded must notify the Customs Department within five days of any amendment or withdrawal of information at the Intellectual Property Department. Suspension Orders Registered copyright and related rights holders can request a suspension order to prevent release of pirated goods into free circulation, regardless of whether they have filed a customs recordation. Requests must present

Attorneys from Tilleke & Gibbins’ Yangon office have contributed Employment and Employee Benefits in Myanmar: Overview, a Q&A-style guide published by Thomson Reuters Practical Law. The resource provides a concise overview of key legal and practical considerations for employers operating in Myanmar and reflects the country’s most recent regulatory developments in employment law. The chapter addresses the following core topics: Scope of employment regulation: Application of Myanmar labor laws to foreign nationals and Myanmar citizens working abroad. Employment status: Classification of workers, statutory employment rights, and requirements for official employment contracts. Regulation of the employment relationship: Mandatory contract provisions, collective agreements, and procedures for amending employment terms. Wages and working hours: National minimum wage updates, overtime rules, and leave entitlements. Termination of employment: Notice requirements, severance payments, and protections against dismissal. Discrimination and harassment: Statutory protections and remedies under Myanmar labor law. Health and safety: Employer obligations under the Occupational Safety and Health Law and related regulations. Tax and social security: Income tax rates for resident and non-resident employees, and mandatory employer and employee contributions. Intellectual property and post-employment restrictions: Ownership of employee-created IP and enforceability of non-compete clauses. Practical Law, a leading legal reference resource from Thomson Reuters, publishes a wide range of comparative guides for jurisdictions and practice areas worldwide. Its Employment and Employee Benefits series provides practical insights into employment law regimes across numerous countries. To view the latest version of the Myanmar overview, please visit the Practical Law website and enroll in a free trial for full access.

Global trade has become an everyday issue with immense effects on trade and the economy. Today’s global trade climate sees countries around the world engaged in trade negotiations aspiring to eliminate trade barriers. Customs tariffs and associated privileges are among the issues that most impact global trade flows and the import-export sector. Thailand has negotiated customs tariff privileges as part of its 14 free trade agreements (FTAs) with 18 countries, including six bilateral and eight regional agreements. These FTAs set forth criteria for member states to comply with and adopt into national law. To achieve customs privileges, one of the most important criteria is rules of origin, which indicate the originating country of imported or exported goods and the accompanying duty rates or privileges for reduction or exemption. Rules of Origin Under FTAs The rules of origin mapped out in FTAs allow for duty exemptions or rate reductions based on the determination of goods’ country of origin. This largely includes two main categories: Wholly obtained (WO) means the product was entirely produced in a single originating country and does not include any foreign (non-originating) content or manufacturing process. Product specific rules (PSR) are detailed criteria that define how each product’s origin is determined. PSR criteria that are often found in FTAs include “change in tariff classification” (determining origin based on sufficient transformation of materials), “regional value content” (requiring a minimum percentage of value to be added locally), and specific manufacturing or processing operations (mandating particular production steps occur in the originating country). These criteria also extend to cover other subordinated methods of verification, such as accumulation rules and de minimis rules, to provide more flexibility for the establishment of origins and tariff privileges under such FTAs. Compliance Challenges Despite attempts to promote international trade and eliminate trade barriers through the establishment of FTAs, importers and exporters

The Department of Trade under Myanmar’s Ministry of Commerce (MOC) issued a schedule of revised service fees for trade-related services, effective October 15, 2025. The revised fees are contained in Newsletter of Export/Import 6/2025, which supersedes the previous rates set out in 2018 and 2020. Service Fees The revised fees include the following: Annual fee for TradeNet 2.0, the MOC online platform for trade submissions: MMK 50,000 (approx. USD 23.81) Online service application fee: MMK 10,000 (approx. USD 4.76) Import or export license renewal (including for all imported goods exempt from the license fees): MMK 50,000 (approx. USD 23.81) for initial renewal (two months) MMK 30,000 (approx. USD 14.29) for second renewal (one month) Amendment of license information: MMK 10,000 (approx. USD 4.76) per amendment Return of export/import license: MMK 30,000 (approx. USD 14.29) Late fees for renewal/amendment of import or export license: MMK 5,000 (approx. USD 2.38) if within one month of expiry MMK 10,000 (approx. USD 4.76) if later than one month after expiry Submission Schedule License renewal applications submitted more than 14 days after the license expiration date will not be processed. Applications for license amendment must be submitted in advance of the relevant goods’ arrival at Myanmar ports or airports. For more information on this announcement, or on any aspect of import and export matters in Myanmar, please contact Tilleke & Gibbins at [email protected].

Myanmar’s National Committee for Setting the Minimum Wage has introduced another MMK 1,000 daily allowance for private-sector workers, bringing the total minimum daily wage to MMK 7,800 (approx. USD 3.72). Notification No. 1/2025 marks the third such increase in recent years as the government continues adjusting compensation across both public and private sectors. Although the notification was issued on October 14, 2025, it takes retroactive effect from October 1, 2025. Current Minimum Wage Structure In May 2018, the committee established a base minimum wage of MMK 4,800 (approximately USD 2.29) for an eight-hour workday (MMK 600 per hour), applying to all workers regardless of location or job type. The committee has subsequently announced additional daily allowances for private-sector workers: MMK 1,000 effective October 1, 2023, and another MMK 1,000 effective August 1, 2024. With the latest MMK 1,000 daily allowance from October 1, 2025, the total additional allowance reaches MMK 3,000, resulting in a new combined minimum daily wage of MMK 7,800. Alignment with Public Sector Increases The new allowance aligns with increases granted to government personnel. The Ministry of Finance and Revenue’s Notification No. 110/2025 previously granted monthly increases of MMK 30,000 to service and Tatmadaw personnel starting in October 2023 and August 2024. With the latest increase effective October 1, 2025, the total monthly allowance for these personnel now amounts to MMK 90,000. Daily wage employees in government departments received MMK 1,000 increases in the same periods, totaling MMK 3,000 in daily allowances—mirroring the private-sector adjustment. Key Implementation Details The latest announcement confirms several important aspects of the allowance structure: Employees are entitled to the base wage and additional allowances during their entitled leave and holidays, in accordance with the 1951 Leave and Holidays Act. The MMK 3,000 daily allowance is excluded from overtime calculations, which must be based solely on the base wage of MMK

The Indonesian Food and Drug Administration (BPOM) has introduced more stringent oversight of health supplements containing probiotics with new guidelines that require clinical trials for certain products and expanded documentation standards. BPOM Regulation No. 17 of 2025 replaces the previous 2021 regulation and establishes a comprehensive framework for evaluating probiotic strains used in health supplements. Assessment Requirements The new regulation expands the scope of assessment to include not only categorization and documentation but also technical procedures, strain classification, and clinical trial requirements. Unlike the previous regulation, which provided general guidance, the updated framework creates a comprehensive system for evaluating both registered probiotic strains and new or combined strains. Manufacturers must now submit supporting documentation covering strain identification and functional characterization, safety, efficacy, and product quality. The previous regulation required documentation only on safety, efficacy, and quality. Clinical Trials One of the most significant changes is the requirement for clinical trials conducted in Indonesia for applications that include benefit claims other than maintaining digestive health, or where there are modifications to benefit claims. The regulation specifies that phase 1 trials must demonstrate safety, while phase 2 trials must validate efficacy using statistically valid methods such as double-blind, randomized, placebo-controlled studies). In addition, phase 3 and phase 4 trials may be required, and postmarket surveillance data must be submitted. Technical Assessment Framework Annex 4, a newly introduced section, establishes technical procedures for assessing health supplements containing probiotics in Indonesia. This comprehensive framework outlines criteria for evaluating new probiotic strains, including strain identification, functional characterization, safety, efficacy, and product quality. The annex introduces a clear classification of claims for health supplement products containing probiotics: General claims(e.g., maintaining digestive health). Functional claims(e.g., normal biological function or activity in the body). Risk reduction claims(e.g., lowering disease risk). The regulation restricts use of the term “probiotic” to products containing live microorganisms with proven health benefits, using specific