Thailand has a reputation as a challenging country in which to enforce patent rights. The accuracy of this perception can be debated, but precedent cases have certainly demonstrated that Thai courts have been conservative in awarding damages to the winning party. In patent litigation cases, in particular, the courts often award damages that, in the view of the winning party, represent only a fraction of the actual damages caused by patent infringement.

In what is thought to be the first order certifying a class under Thailand’s recently enacted class action legislation, the Act to Amend the Civil Procedure Code (Number 26) B.E. 2558 (the “Act”), the Civil Court in Bangkok has issued an order in case Black No.SorWor.4/2560 against Wax Garbage Recycle Center Co., Ltd. and others, granting the lead plaintiffs’ request for the case to proceed as a class action.

Vietnam’s new Penal Code (the “New Penal Code”), which became effective on January 1, 2018, significantly bolsters Vietnam’s anti-corruption laws with respect to the private sector. The New Penal Code sets out numerous corruption-related offenses, including the giving and promising of bribes, the receiving of bribes, the “brokerage” of bribes, and embezzlement. The most significant corruption-related change in the new law involves the criminalization of private-sector bribery.

Cambodia signed an Agreement on the Validation of European Patents (“Validation Agreement”) with the European Patent Office (EPO) on January 23, 2017. This agreement will enter into force on March 1, 2018.Cambodia will be the first Asian country to validate European patents in its territory, placing it among 44 countries worldwide that allow protection with a single European patent application.

On November 13, 2017, Thailand introduced substantial amendments to the Thai Customs Act, an act that had long been considered outdated, controversial, and lacking in clarity. Numerous important provisions therefore became effective, offering a new platform upon which Customs authorities, law enforcement officials, and the Thai courts could operate.

Registration of sound marks has been possible in Thailand since September 1, 2017, based on amendments to the Trademark Act B.E. 2534 (1991) and the issuance of Ministerial Regulation No. 5 B.E. 2560 (2017).

The Contract Committee of the Consumer Protection Board has issued a new notification under the Consumer Protection Act designating the lease of residential property as a “contract-controlled business.”The Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract-Controlled Business B.E. 2561 (2018) (the “Notification”), published on February 16, 2018, imposes a number of important requirements and restrictions on residential lease contracts that will come into effect on May 1, 2018.

On January 18, 2018, the Ministry of Health (MoH) of Vietnam issued Circular No. 01/2018/TT-BYT (Circular 01) on the labeling of pharmaceuticals (referred to hereinafter as “drugs” for brevity). This circular will take effect from June 1, 2018, and will replace the current drug labeling regulations (Circular No. 06/2016/TT-BYT).