Counterfeit products damage the Thai economy. Not only do they hamper public confidence in the quality of goods imported from overseas, but they pose a significant risk to the health and wellbeing of consumers.

In Thailand, the requirements for trademark registration are specified in Section 7 of the Trademark Act. One requirement, subject to certain exceptions, stipulates that marks must possess the element of “distinctiveness,” in that they must be distinguishable from the marks of other parties in the eyes of the general public (this quality is also referred to as “inherent distinctiveness”). The second paragraph of this provision states the essential elements that constitute such distinctiveness.

The latest incarnation of Vietnam’s Land Law was ratified by the country’s National Assembly on November 29, 2013, and came into force on July 1, 2014 (the 2014 Land Law). This new law replaced the previous Land Law of 2003 (the 2003 Land Law). Following the 2014 Land Law, the Vietnam Government issued Decrees Nos. 43, 44, and 47, all of which came into force on the same date as the 2014 Land Law. The new Land Law has, however, brought with it mixed feelings for foreign developers in Vietnam.

On July 21, 2014, the Vietnam Government issued Decree 71/2014/ND-CP (Decree 71), which sets out the prescribed remedies for competition violations. Among these include sanctions in cases of antitrust, unfair dealings, and unfair competition. While these measures are a step in the right direction, they potentially conflict with last year’s Decree 99/2013/ND-CP on administrative sanctions in industrial property (Decree 99), complicating the enforcement of Decree 99.Conflicts with Decree 99

The Thai Trademark Act provides no restriction on the registration of marks that consist of Roman letters, Arabic numerals, mathematical symbols, scientific symbols, or abbreviations. However, in practice trademark registrars order that such elements be disclaimed or reject applications for marks consisting of such elements in their entirety on the ground that these elements are common or generic terms, or have general meanings. Therefore, many applicants simply decide to disclaim such elements in their marks in order to allow the registration process to continue.

Every year, numerous companies and individuals face criminal prosecution for violating Thai customs law. The penalties include significant fines and even incarceration. This can have a profound effect on both a company and its employees and agents, and even those who may have unintentionally violated customs laws.

Reports have been circulating since the beginning of this year that the National Broadcasting and Telecommunications Commission (NBTC) is looking to make a number of changes to the Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services of 2010, also known as the Frequency Allocation Act. One of the most talked-about changes would involve Section 45, which deals with allocation of spectrum.

On April 22, the People’s Court of the city of Da Nang issued a decision ordering the revocation of the “lafarge.com.vn” domain name registered by a Vietnamese individual, giving Lafarge S.A. of France a 10-day “sunrise” period to register the domain name itself. This brought to a conclusion a five-year battle over cybersquatting and set a precedent for domain name cases in Vietnam.