On February 14, 2022, Thailand’s Securities and Exchange Commission (SEC) announced a public hearing period on proposed advertising regulations for digital asset businesses. The public hearing period is now open for general comments until March 15, 2022. In the announcement, the SEC expressed their intention to provide clear digital asset advertising principles that conform to regulations in other countries, such as Singapore, the UK, and Japan. The SEC, in a meeting on February 3, agreed that the principles to be developed should apply to all digital asset businesses operating in Thailand. During the public hearing period, any interested parties may comment on the SEC’s proposed principles, which include the following key points: Advertisements that educate, inform, or give facts about digital assets, investments or services, or that provide an overall picture of digital assets, must not exaggerate, distort, or conceal information, or otherwise mislead consumers. In addition, advertisements that refer to customer numbers must only indicate the number of customers who have received approval to open an account and who are ready to use the service. Advertisements must be clear and appropriate, provide a warning on investment risks, and include clear and noticeable SEC-mandated statements in the font size stipulated by the SEC. Advertisements that present positive information or suggest an opportunity to receive returns must provide a balanced view that also discloses negative information or states investment risks. Advertisements relating to cryptocurrencies can only be made via a business operator’s official channels (e.g., the operator’s website, app, or other official online channel), and cryptocurrency cannot be advertised in public areas (e.g., billboards, public transportation, websites, newspapers and periodicals, etc.). However, advertisements for the services of a digital assets business can still be made in public areas and other channels. For example, this can be understood as meaning that an exchange can advertise in public

The sale of counterfeit goods online is as damaging to government efforts and consumer safety as it is to the reputation of the e-commerce platforms and brand owners involved. In this guest piece, Andy Chua, senior vice president of the IP Rights Protection Team at e-commerce giant Lazada, joins Tilleke & Gibbins’ Suebsiri Taweepon and Ploynapa Julagasigorn to discuss how stakeholders can work together to combat the growing threat of counterfeits online – with recent efforts in Thailand a prime example of effective action. This article, which was first published in World Trademark Review, is the second in a two-part series about trademark enforcement against online counterfeits.   Technological developments, government policy and the covid-19 pandemic have brought about significant changes to the lifestyle and behaviour of ordinary consumers. Shopping increasingly takes place on e-commerce platforms as people become more familiar with online transactions, encouraging many sellers to turn their focus to online platforms. While this shift to online retail has brought benefits for many, it has also provided additional ways for sellers of counterfeit goods to peddle their wares. The sale of counterfeit goods online tarnishes the reputation of e-commerce platforms among users, compromises consumer trust in brand owners’ products and undermines public authorities’ efforts in enforcing anti-counterfeiting policies. This dynamic problem cannot be resolved by a single entity alone. Instead, all stakeholders need to work together to amplify their efforts in consumer and brand protection. Collaborating against counterfeits in Thailand We see such collaborations between stakeholders in regions such as Thailand, where the Department of Intellectual Property (DIP) has signed a memorandum of understanding (MOU) with various parties that are committed to combatting the spread of counterfeit products online. The inaugural signing ceremony for the MOU was held on 11 January 2021, with 20 initial signatories drawn from the public sector (eg,

On December 30, 2021, Vietnam’s Ministry of Science and Technology (MOST) issued Decree No. 126/2021/ND-CP (Decree 126) amending several provisions of Decree No. 99/2013/ND-CP of the government dated August 29, 2013 (Decree 99), which is the primary legislation on the sanctioning of administrative violations in industrial property. Decree 126 took near-immediate effect with the new year on January 1, 2022. While the new decree offers some clear improvements that will help enforcement authorities and practitioners to deal with the infringement of industrial property rights, it has some notable shortcomings compared to a draft version of the decree that was circulated in mid-2021 Key Changes in Decree 126 While Decree 126 retains most of the regulations in Decree 99, it introduces some significant changes such as expanding the scope of regulation, increasing the level of administrative fines, and providing more specific details on violations as well as remedies. First, Decree 126 has expanded the scope of its coverage under Article 1, and added a new sub-article explicitly listing the entities that are subject to administrative sanctions, such as companies, IP agencies, and IP examiners. This new provision allows the enforcement authorities to easily detect and apply sanctions to infringers. Decree 126 has also expanded the seizure authority in many provisions. Under the previous regulations, the authorities could only confiscate material evidence and means used in the commission of administrative violations when the total value of such materials did not exceed the amount of the fine for the violation. Under Decree 126, the total value of confiscated materials may be up to twice the set fine amount. This should have a noticeable impact on enforcement efforts. While some of the provisions in Decree 99 are somewhat vague and, as a result, difficult to apply, Decree 126 has made an improvement by setting forth clearer and more specific

Cambodia, Laos, Myanmar, and Vietnam present attractive options for foreign direct investment (FDI). As all of these countries look toward the end of the COVID-19 pandemic, FDI will play an important part in their continued economic development. Specialists from Tilleke & Gibbins in these countries have written chapters in the Foreign Investment Review 2022, published by Lexology Getting the Deal Through, about the framework for FDI in each jurisdiction to provide investors and entrepreneurs with clear guidance for their business operations in Southeast Asia. Specifically, the chapters cover the following topics: Law and Policy: Government policies and practices, main laws and their scope of application (including details on investment promotional measures), definitions, rules for state-owned enterprises and sovereign wealth funds, relevant authorities and oversight, and national interest provisions. Procedure: Jurisdictional thresholds, national interest clearance, securing approval, the review process for competition clearance and associated penalties, involvement of authorities, facilitation of clearance, and post-closing regulatory powers. Substantive assessment: Substantive tests for clearance, authorities’ consultation with other countries and other relevant parties, transactional prohibitions and objections, mitigating arrangements and challenges to a decision, and protection of confidential information. Recent cases, updates, and trends: Relevant recent case law, key recent and ongoing developments. A PDF of each chapter is available on Tilleke & Gibbins’ individual pages for the Cambodia, Laos, Myanmar, and Vietnam chapters of Foreign Investment Review 2022. To browse the full guide for all 29 jurisdictions, please visit the Getting the Deal Through website.

Lawyers from Tilleke & Gibbins’ office in Phnom Penh contributed the Cambodia chapter to Foreign Investment Review 2022, a global guide to the legal and regulatory environment for foreign investment in 29 jurisdictions around the world. Published and distributed by Getting the Deal Through (GTDT), the guide is focused on law and policy regarding foreign investment oversight, regulatory frameworks, procedural requirements, and other notable concerns for foreign investors. The Cambodia chapter was authored by Jay Cohen, partner and director of Tilleke & Gibbins’ Phnom Penh office, and Nitikar Nith, associate. The chapter focuses most closely on the law and policy section, which explains the government’s policies and practices regarding foreign direct investment, the main investment laws and their scope, and the relevant authorities in charge of regulating mergers, acquisitions, and other business transactions. The chapter also brings up key recent developments, such as the October 2021 passage of laws on investment and competition. A PDF of the Cambodia chapter can be downloaded through the button below. Tilleke & Gibbins also provided the Laos, Myanmar, and Vietnam chapters to Foreign Investment Review 2022. To browse the full guide for all 29 jurisdictions, please visit the Getting the Deal Through website.

Dino Santaniello, head of Tilleke & Gibbins’ Vientiane office, wrote the Laos chapter of Foreign Investment Review 2022, a global guide to the legal and regulatory environment for foreign investment in 29 jurisdictions worldwide. Published and distributed by Getting the Deal Through (GTDT), the guide discusses law and policy on oversight of foreign investment, regulatory frameworks, procedural requirements, and other important considerations for foreign investors. Aiming to give investors an understanding of what to expect when establishing operations and operating in the Lao market, The Laos chapter covers the following issues: Law and Policy: Government policies and practices, main laws and their scope of application (including details on investment promotional measures), definitions, rules for state-owned enterprises and sovereign wealth funds, relevant authorities and oversight, and national interest provisions. Procedure: Jurisdictional thresholds, national interest clearance, securing approval, the review process for competition clearance and associated penalties, involvement of authorities, facilitation of clearance, and post-closing regulatory powers. Substantive assessment: Substantive tests for clearance, authorities’ consultation with other countries and other relevant parties, transactional prohibitions and objections, mitigating arrangements and challenges to a decision, and protection of confidential information. Recent cases, updates, and trends: Relevant recent case law, key recent and ongoing developments. A PDF of the Laos chapter can be accesseed through the button below. Tilleke & Gibbins also contributed the Cambodia, Myanmar, and Vietnam chapters to Foreign Investment Review 2022. To browse the full guide covering all 29 jurisdictions, please visit the Getting the Deal Through website.

Nwe Oo, a senior associate in Tilleke & Gibbins’ office in Yangon, contributed the Myanmar chapter to the recently published Foreign Investment Review 2022, a global guide to the legal and regulatory environment for foreign investment in 29 jurisdictions worldwide. Published and distributed by Getting the Deal Through (GTDT), the guide discusses law and policy on oversight of foreign investment, regulatory frameworks, procedural requirements, and other important concerns for foreign investors. The Myanmar chapter covers the following topics: Law and Policy: Government policies and practices, main laws and their scope of application (including details on investment promotional measures), definitions, rules for state-owned enterprises and sovereign wealth funds, relevant authorities and oversight, and national interest provisions. Procedure: Jurisdictional thresholds, national interest clearance, securing approval, the review process for competition clearance and associated penalties, involvement of authorities, facilitation of clearance, and post-closing regulatory powers. Substantive assessment: Substantive tests for clearance, authorities’ consultation with other countries and other relevant parties, transactional prohibitions and objections, mitigating arrangements and challenges to a decision, and protection of confidential information. Recent cases, updates, and trends: Relevant recent case law, key recent and ongoing developments. A PDF of the Myanmar chapter can be downloaded through the button below. Tilleke & Gibbins also contributed the Cambodia, Laos, and Vietnam chapters to Foreign Investment Review 2022. To browse the full guide covering all 29 jurisdictions, please visit the Getting the Deal Through website.