2022年初頭、タイの知的財産局は、商標登録のための新しい審査ガイドラインを発行し、2011年からの従来のガイドラインを差し替えた。新しい審査ガイドラインは、商標登録官による商標出願の審査および通知の発行が、現行の慣行に沿って、かつ、統一された基準に基づいて、効率的で、的確に行われることを確保することを目指している。 新しいガイドラインでは、ブランドオーナーが関心を持つ問題の1つとして、3または4文字または数字のみで構成される商標の識別性が挙げられる。 タイ商標法第7条は、図案化された文字または数字を必須要素として含む商標は識別性を有すると述べている。過去において、商標登録官は、この規定を、単語を形成しないあるいは単語として発音することができない3または4文字・数字のみで構成される商標は、図案化された様式で表現されなければ登録することができないという意味であると解釈した。 しかしながら、新しいガイドラインでは、商標法の 「図案化された文字または数字」 という表現は、通常とは異なる方法で表現された（あらゆる言語の）文字または数字を指すと解釈される。さらに、新しいガイドラインでは、3つ以上の文字または数字 （またはそれらの組み合わせ）からなる珍しいシーケンスは、実際には識別可能であり、登録可能であると述べている。 新しい基準に対する一つの例外は、商品またはサービスの性質または特性を記述する商標は、識別性があるとはみなされないことである。新しいガイドラインでは、ビタミンのB 12、衣類のXXL、ブラジャーの34 B、メモリカードの32GBなど、この理由で登録できない商標の例を示している。 新しいガイドラインではまた、タイ語の文字や数字の音声表記は、識別性を有するものとはみなされないと明記されている。それにもかかわらず、ブランドオーナーは商標委員会、さらには知的財産国際貿易裁判所などに識別性に関する判決に対して訴える権利を有している。 新しいガイドラインはまた、タイ最高裁判所の判決に沿ったものであることを強調している。最高裁判所は、商標登録官と商標委員会による拒絶の後、当該商標の登録性を認めた。3文字商標の登録を認める多くの最高裁判決のうち、2つが新しいガイドラインで具体的に引用されている。 クラス7の様々な家庭用電化製品についての下記の商標に関する最高裁判所判決No 9480/2552: クラス9の携帯電話その他の通信機器についての下記の商標に関する最高裁判所判決No 13879/2556: 新しいガイドラインは、知的財産局が最高裁判所の判断と審査判断の実務を整合させようとしていることを示している。   備考：本和文は英文記事を翻訳したものです。原文については、以下のリンクをご参照ください。 New Trademark Examination Guidelines Recognise Distinctiveness of Marks Consisting of Letters and Numerals

In early 2022 Thailand’s Department of Intellectual Property issued its new examination guidelines for trademark registration, replacing the previous guidelines dating from 2011. The new guidelines seek to ensure that the examination of trademark applications and the issuance of notifications by the trademark registrar are efficient, timely, in line with current practice and based on uniform standards. One of the major issues addressed in the new guidelines, which will be of interest to brand owners, is the distinctiveness of trademarks consisting solely of three/four letters or of numerals. Section 7 of Thailand’s Trademark Act states that a trademark containing a stylised letter or numeral as an essential element is distinctive. In the past, the trademark registrar interpreted this stipulation as meaning that marks made up solely of three/four letters or of numerals, which did not form words or could not be pronounced as words, were not registrable if they were not presented in a stylised form. Under the new guidelines, however, the Trademark Act’s wording “a stylised letter or numeral” is interpreted as referring to a letter or numeral (in any language) represented in an unusual manner. Moreover, the new guidelines state that an uncommon sequence of three or more letters or numerals (or a combination thereof) is in fact distinctive and registrable. One notable exception to the new standard is that marks that are descriptive of the nature or characteristics of the goods or services are not considered distinctive. The new guidelines provide several examples of marks that would be unregistrable for this reason, such as B12 for vitamins, XXL for clothing, 34B for bras, or 32GB for memory cards. The new guidelines also clearly state that the phonetic transcription of letters or numerals in Thai characters is not considered distinctive. Nonetheless, brand owners still have the right to appeal decisions on distinctiveness

A recent notification (No. 20/2022) from Myanmar’s Ministry of Planning and Finance requires all companies and organizations in Myanmar, including nonprofits, to apply for a taxpayer identification number (TIN) by June 30, 2022, or within 90 days of establishment. TINs were stipulated in the Tax Administration Law 2019, but up until this notification there had been no clear mandatory implementation. The notification, which took effect on April 1, 2022, signals the government’s intention to improve tax management tasks in the country, offer more efficient tax services, and streamline taxpayer registration procedures in Myanmar. The section of the Tax Administration Law about TINs states that the Internal Revenue Department is responsible for determining and issuing each TIN. In accordance with this, the notification requires that any entity that was formed and registered (i.e., at the Directorate of Investment and Company Administration, or—for nonprofits—at any government department or organization) before April 1, 2022, must apply for a TIN by June 30, 2022. Those established or registered on or after April 1, 2022, are to apply for a TIN within 90 days of registration. After registering for a TIN, taxpayers must use the number for all tax-related purposes—including income tax, commercial tax, and special excise tax—as well as for liaising with the Internal Revenue Department (e.g., to submit tax returns), making payments, importing goods, applying for exporter and importer licenses, and conducting business transactions (e.g., tenders). For more details on these TIN requirements or any aspect of taxation regulations in Myanmar, please contact Tilleke & Gibbins at [email protected].

During the first quarter of 2022, Thailand’s Securities and Exchange Commission (SEC) announced a series of notifications aiming to strengthen the regulatory regime for digital assets while safeguarding investors’ interests. The updated rules and conditions apply to digital asset business operators licensed by the SEC. The key features of the new notifications, which took effect in March and April 2022, are summarized below. Custody of customers’ assets (effective March 1, 2022) As custodians of their customers’ assets, digital asset business operators must: Segregate customers’ assets in their custody so that the operators can clearly identify which assets belong to which investors. If customers’ digital assets are to be deposited with a third party, the operators must inform the customers accordingly. Refrain from seeking benefits from customers’ assets in any manner other than the purpose for which the assets are held. This includes refraining from using customers’ assets to provide benefits to others or to the customers themselves, and from depositing customers’ digital assets with a custodian that intends to lend out the digital assets (but does not include giving the customer’s assets to a licensed digital asset fund manager for investment in digital assets). Reconcile customers’ assets and keep evidentiary documentation for a period of at least five years. Privacy coin services (effective April 1, 2022) Digital asset business operators are prohibited from providing privacy coin services that can conceal (or allow the concealing of) specific transactional information, such as data about the transferor, the transferee, and the transfer amount. Digital asset business operators that provided privacy coin services to customers before the effective date of these new regulations may continue to provide such services, but they must arrange for their customers to disclose at least the required transactional information or agree not to engage in information concealment. Digital assets as a means of payment (effective April 1, 2022) Digital

In a significant acknowledgement of the importance of international investment in the country, the Central Bank of Myanmar (CBM) has issued an exemption for certain foreign direct investment (FDI) projects from their recently announced requirement to convert foreign currency balances to Myanmar kyat (MMK). This is welcome news for investors—particularly companies approved by the Myanmar Investment Commission (MIC) and companies established in special economic zones (SEZs). The exemption also covers certain diplomats, locally affiliated airlines, and employees of some international organizations. The changes came on April 20, 2022, with Letter No FE 1/69, which specified that the foreign currency conversion requirements in CBM Notification No 12/2022 do not apply to: FDI businesses holding a permit from the MIC; Direct investment businesses located in SEZs; Diplomats, family members of foreign embassy personnel, those with diplomatic relations with Myanmar, and members of the diplomatic missions of foreign embassies in Myanmar; Employees of the United Nations and Myanmar citizens holding laissez-passer who are employed at missions of the United Nations and its specialized agencies in Myanmar; Foreign employees of development agencies carrying out aid activities in Myanmar; Foreign employees with diplomatic status from international organizations, international NGOs, and development agencies; and Myanmar state-owned airlines or airlines owned by Myanmar citizens. The letter stipulates that banks authorized to exchange and deal in foreign currencies in Myanmar (AD-licensed banks) must carry out know your customer and customer due diligence procedures to verify the status of those included in the exemptions. Exemptions will only apply upon successful verification. Furthermore, AD-licensed banks are responsible for reporting these activities to the CBM. For more details on these foreign exchange developments, or on any aspect of financial regulations in Myanmar, please contact Tilleke & Gibbins at [email protected].

On December 30, 2021, Vietnam’s Ministry of Education and Training issued Circular No. 40/2021/TT-BGDDT promulgating the Regulations on Organization and Operation of Private Primary Schools, Secondary Schools, High Schools, and Multi-level Schools (Circular 40), which took effect on February 14, 2022, replacing Circular No. 13/2011/TT-BGDDT. Circular 40 sets forth provisions for the organization and operation of private primary and secondary schools, including regulations on school organization and management; teachers, administrators, staff, and students; facilities, finances and assets; inspection, examination, and accreditation of education quality, rewards, and handling of violations. School Board Circular 40 has replaced the term “Board of Management” of the school, which had previously caused much confusion and misunderstanding under Circular 13, with the term “School Board.” Similarly, to avoid any confusion and inconsistency, Circular 40 also has removed regulations on “members’ councils,” which would typically be subject to the laws on enterprises, but are not under the regulations on schools. The provisions related to the School Board, summarized below, are the most significant changes introduced by Circular 40. Establishment and Composition Circular 40 affirms that the School Board of a private high school is the governing body of the school. The members of the School Board of a private school comprise representatives of the investors and members within and outside the school who are elected or decided upon by a meeting of the investors, and recognized by the competent authority (e.g., chairperson of the district or provincial People’s Committee, depending on the level of the school). Any changes to the members of the School Board must be submitted annually to the competent authority for recognition. The term of the School Board is five years. In a new requirement under Circular 40, the School Board must have an odd number of members, with at least five and no more than 15 people. Rights and Obligations Under

New technologies and production processes in the food industry have led to novel foods becoming increasingly important to both food manufacturers and the consuming public worldwide. This is very much the case across a number of jurisdictions in Southeast Asia. “Novel foods” refer to new food production processes, foods, and ingredients that have not yet been commonly used for human consumption, so these innovative foods require safety assessments before companies can produce and market them. While rules for these safety assessments are already part of novel food regulations in several other jurisdictions—such as the novel food regulations in the United Kingdom and European Union adopted in 2003, and the major reform of food safety laws in the United States passed in 2011 under the Food Modernization Act—similar rules governing the assessment of novel foods are relatively new or yet to be introduced in many parts of Asia. Nevertheless, it is important to understand the laws and practices that apply to safety assessments and the process of bringing novel foods to market in jurisdictions in the region. This article provides some clarity in this regard by summarizing important practical information on novel foods and the relevant required safety assessments in Indonesia, Thailand, and Vietnam.   Indonesia Regulator National Agency for Drug and Food Control (NADFC); frequently referred to as BPOM (Badan Pengawas Obat dan Makanan). Relevant Measures BPOM Regulation No. 27 Year 2018 concerning Public Service Standards in BPOM; Decision of the Director of Processed Food Standardization No. HK.02.02.51.511.06.21.21 Year 2021 concerning Public Service Standard Directorate Processed Food Standardization Definitions General “food ingredients” are basic fresh or processed ingredients that can be used to produce food; novel food is any food ingredient not listed in BPOM’s positive list of ingredients.

Following Myanmar’s recently announced notification requiring conversion of all foreign currency transfers and balances to Myanmar kyat (MMK), the Central Bank of Myanmar (CBM) has issued additional detailed guidance to banks on how to manage transfers, outbound remittances, and various other transactions involving balances in foreign currency. The CBM also announced that the union government and ministries are exempt from the foreign currency conversion requirements. The developments came on April 5, 2022, when the CBM issued Directive No. 5/2022, exempting these government bodies from the requirement, and Directive No. 6/2022, which provides instructions for banks licensed as authorized dealers (ADs) permitted to exchange currencies. The directive makes AD-licensed banks responsible for handling the conversion process by (1) transferring the amount in question to the concerned company’s account, (2) converting the amount to MMK at the CBM exchange rate, and (3) depositing it in an MMK-denominated account. The conversion process must be carried out within one working day of receiving the following types of funds: Export earnings Other earnings (including from services) Foreign currency investments (excluding foreign currency allowed by the CBM’s Foreign Currency Management Committee) The conversion process is also required for the following two types of funds, which require the AD-licensed bank to perform additional checks: Loans for investment. AD-licensed banks may only proceed with the conversion process after determining that CBM approval has been obtained in accordance with section 29(a) of the Foreign Currency Management Law and Rule 48 of the Foreign Currency Management Rules. Unilateral transactions. AD-licensed banks may only proceed with the conversion process after determining that CBM approval has been obtained in accordance with the rules 54 and 55 of the Foreign Exchange Management Rules. As noted in the previous notification instituting the foreign exchange requirements, outbound transfers of foreign currency by resident individuals and entities in Myanmar are to be carried