Businesses involved with the Thai customs clearance process have been anxiously awaiting changes aimed at improving customs laws. These long-awaited changes come with the passage of the Customs Act BE 2560 (2017).The new act, which will take effect from Nov 13, 2017, repeals the outdated and controversial Customs Act BE 2469 (1926) and its prior amendments and seeks to address many of its shortcomings. This article focuses on the substantial revisions to the Customs Act’s penalty scheme, revisions that will have a direct impact on both businesses and individuals.

With Decree No. 54/2017/ND-CP dated May 8, 2017, guiding the implementation of the 2016 Pharmaceutical Law (Decree 54) entering into effect on July 1, 2017, some new provisions are forcing pharmaceutical companies to reconsider their business models in Vietnam. The key changes have resulted in pharma companies reviewing their distribution channels, setting up subsidiary companies to take part in importing and other aspects of business, and considering relocating marketing staff (known in Vietnam as “medical representatives,” “med reps,” or “MR(s)”).

Indonesia’s amended Trademark Law has been in force since November 25, 2016, and brings a number of substantive changes to the country’s trademark regime. Perhaps the most significant change relates to how trademarks are published, as this directly affects the entire portfolio management of a trademark owner.New Approach to Trademark Publication

In Thailand, the right to apply for a patent for an invention, or a design patent for a product design that has been developed by an employee, vests automatically in the employer, provided that there is no written agreement to the contrary, and:

The Office of the United States Trade Representative (USTR) has placed Thailand on its Priority Watch List (PWL) every year since 2007 due to the significant influx of counterfeit goods available both online and in local markets, and the lack of effective and deterrent enforcement measures in the country.

The relationship between intellectual property (IP) rights and competition law and policy in Thailand is usually complicated, as sometimes IP and its exclusive rights, which were originally conceived to invigorate competition through creativity and technology, can be so formidable that they are abused to suppress any competition.

A number of amendments have been introduced to Thailand’s Labor Protection Act (LPA) and are pending royal assent and publication in the Government Gazette. Notable changes include provisions aimed at protecting the benefits of specific groups or categories of employees, reducing requirements on registration of work rules by businesses, and protecting employees by helping them receive statutory severance at retirement. The details of each key change are outlined below.

The intellectual property (IP) legal framework in Thailand is constantly evolving to enhance IP registration and protection in the nation, and to account for important changes in the global IP landscape. In the second half of 2017, Thailand will likely see a few legal developments in IP, which could have important implications for brand owners.Implementation of Madrid Protocol