In 1992, the National Office of Intellectual Property of Vietnam (NOIP) refused a trademark application due to its confusing similarity to the unregistered, but well-known, McDONALD’S trademark of the U.S. fast-food chain. This refusal was based merely on the reputation of the mark, as McDonald’s—at the time—had not yet used or shown any intention to use such mark in Vietnam. This was the very first case involving a “well-known mark” in Vietnam.

The rise of mobile technology—from laptops to smart phones to tablets—has ushered in a shift among consumers away from shopping at brick-and-mortar stores toward purchasing products online. Brand owners, in response, have moved huge resources toward online sales strategies. So it should be no surprise that counterfeiters, too, have mobilized to take advantage of the growing market for products on the Internet. As more and more commerce occurs on the Web, the number of fakes being sold online has also drastically risen.

Among the various types of intellectual property applications that are filed at the Indonesian Directorate General of Intellectual Property Rights (DGIP), trademark filing is the most common, with 62,813 applications being made in 2013. Among ASEAN countries, this figure places Indonesia firmly at the top in terms of the number of trademark applications filed. In view of this, the DGIP is revising the current trademark law and is implementing regulations to improve its services and provide greater legal certainty for all trademark owners in Indonesia.

ASEAN countries have entered into a broad range of free trade agreements (FTAs), and many more FTAs are currently in the process of being negotiated. As both bilateral and multilateral FTAs begin to phase in, tariffs will be reduced or eliminated and business owners will be faced with advantages and disadvantages. On one hand, producers can benefit from tariff-free access to sell their goods to customers in overseas markets, and they may have access to potentially cheaper raw materials purchased from foreign suppliers.

In recent years, Thailand’s customs regime has come under increased international and domestic scrutiny. One reason is that Thailand remains one of the few countries that presume strict criminal liability for importers and their representatives, even where an under-declaration of customs duty is the result of a mistake and/or negligence.

While Vietnam represents a huge potential market for foreign investors in the pharmaceutical industry, the sector is heavily regulated and clear guidelines are not always available. To guide pharmaceutical clients in setting up a business, marketing products, and protecting their drugs from infringement in Vietnam, Tilleke & Gibbins’ commercial and patent experts have created an informational leaflet including the following contents:

The importance of intellectual assets can never be underestimated—they are the key to generating profits. Knowing your rights as they relate to such assets is therefore a vital step to ensuring that you can maximize the value of your IP.

Thailand’s Product Liability Act has been in force for six years but has not yet resulted in any landmark Supreme Court decisions. There are, however, many significant cases working their way through the legal system and business owners are beginning to feel the impact of the law, officially known as the Liability for Damages Arising from Unsafe Products Act.