Latest News

At the 33rd session of the National Assembly Standing Committee in June 2019, the Vietnamese National Assembly ratified the Law amending and supplementing the Intellectual Property Law (issued in 2005 and amended and supplemented in 2009) (“the amended IP Law”). The amended IP Law includes 11 points of amendment/supplementation relating to patents, trade marks, geographical indications and enforcement. The amendment/supplementation aims to make the current laws and regulations comply with the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) that took effect in Vietnam on 14 January 2019 in which Vietnam is one of the contract parties.

Indonesia’s rich biodiversity, the second largest in the world, provides for a long practice of traditional knowledge among its many indigenous communities. Its historically famous Maluku Islands, better known as Spice Islands is a good illustration of the commercial attractiveness of its abundant natural resources to many, including biopirates. “Biopiracy” is a term used to describe the commercial appropriation of ‘unprotected’ knowledge of biological resources without authorisation from and fair compensation or recognition to its native owners.

Effective from 1 June 2019, applicants can request accelerated examination at the Intellectual Property Office of Vietnam (IP Vietnam) based on a favourable work product established by the Korean Intellectual Property Office (KIPO) for the corresponding Korean national application (and vice versa). This PPH Pilot Program between IP Vietnam and KIPO will run for an initial period of 2 years and is limited to 100 requests from each office per year.

In Thailand, ownership of IP created or invented by employees is addressed differently from one piece of IP legislation to the next. Managers need to understand these differences to see that the agreement properly addresses all related issues and complies with all relevant laws. As a company’s IP is generally created or invented by its employees, prudent employers should arrange for the necessary agreements to ensure that any such IP belongs to them. Overlooking this can lead to significant problems.

Full story by Piyawat Kayasit of Tilleke & Gibbins: https://www.tilleke.com/resources/taking-care-intellectual-property-generated-employees

The Intellectual Property Office of the Philippines (IPOPHL) has submitted a bill to Congress proposing amendments to the Intellectual Property Code of the Philippines. These are aimed to support IP enforcement in general and more especially in the digital environment.

Full stroy by Nick Redfearn of Rouse Magazine: https://www.rouse.com/magazine/news/ipophl-proposes-enforcement-amendments-to-the-ip-code-of-philippines/?tag=ip%20komodo

On December 19, 2018, the Ministry of Law and Human Rights of the Republic of Indonesia (MOLHR) ratified Regulation No. 38 of 2018 on Patent Applications as an implementing regulation of Law No. 13 of 2016 Concerning Patents.  

The International Chamber of Commerce’s Business Action to Stop Counterfeiting and Piracy initiative (BASCAP) is a business driven program focused on stopping counterfeiting. It has released its first report on IP in Vietnam. Focusing on the prevalence of fake and pirated goods, the report identifies a series of problems that cause the widespread proliferation of fakes in Vietnam. They cite a large grey economy, corruption; weak enforcement systems and poor consumer awareness. They report cites some recent developments but adds that more needs to be done.

The current version of Thailand’s Trade mark Act came into force on July 28, 2016. The most recent amendments to the trade mark laws introduced multiple-class filings, registration of international trade marks, new methods to calculate official fees, and the acceptance of sound marks. What did not change were the formality requirements and the general examination practices of the Thai Trade mark Office. Nevertheless, we have recently come across certain issues that require increased scrutiny from trade mark owners.

Full story by Kasama Sriwatanakul of Tilleke & Gibbins: https://www.tilleke.com/resources/updates-thailands-trademark-registration-practices

On January 30, 2019, Myanmar’s long-awaited Trade mark Law was signed into law, effectively establishing the framework for a comprehensive trade mark registration system open to both foreign and domestic trade mark owners. This highly anticipated move by the government marks an essential step in its efforts to increase Myanmar’s attractiveness as a destination for foreign investment.

Full story by Sher Hann Chua of Tillike & Gibbins: https://www.tilleke.com/resources/practical-implications-myanmars-new-trademark-law

Myanmar’s Copyright Law was finally enacted into law on May 24, 2019, effectively repealing the old Copyright Act of 1914. The law lays out the new legislative framework for the protection of literary and artistic works and other related rights, to be implemented through administrative bodies and subsidiary regulations that will be issued in due course.

Full story by Sher Hann Chua of Tillike & Gibbins: https://www.tilleke.com/resources/myanmar-enacts-copyright-law