Despite vigorous attempts by Customs and other government officials to clamp down on intellectual property right violations, counterfeit goods continue to be traded openly at well-known shopping malls in downtown Bangkok. While the sale of counterfeit products in Thailand constitutes an infringement of intellectual property rights, there is no explicit ground under Thai IP statutes for holding a person whose action “facilitates” such infringing activities—such as a landlord allowing a tenant to sell counterfeit goods—liable for secondary or contributory infringement.

After coming into force in Thailand on December 24, 2009, the Patent Cooperation Treaty (PCT) gave patent owners additional time to enter their patents in Thailand. This resulted in a sharp reduction in applications, as some applicants took a brief hiatus, before returning in strength after the 18-month extension period ended in June 2011.

Thailand has long been a popular country for companies to have goods manufactured. It has a skilled labor force, especially when it comes to apparel, and it offers competitive labor costs. But it is vital to have strong license agreements in place when authorizing such companies to manufacture and/or distribute your goods to ensure that these benefits do not suddenly turn into problems.

Manufacturers whose products are sold, or offered for sale, in Washington State should be aware of a new unfair competition law in that state. The new law, which went into effect on 22 July 2011, imposes civil liability on manufacturers who use IT that is either stolen or misappropriated. Proceedings can be brought by competing manufacturers or the Washington State Attorney General if such IT is used in the manufacture, distribution, marketing or sale of products sold or offered for sale in the state.

In pursuing civil litigation in court, most IP owners will first and foremost seek an injunction against any infringing activities. In addition, IP owners will often demand adequate damages as compensation for the irreparable harm suffered due to the infringement of their intellectual property rights. Most IP owners typically seek damages in an amount that will sufficiently cover lost revenue and sales so that, financially, the IP owner is returned to the same position as if the infringement had not occurred.

The Association of Southeast Asian Nations (ASEAN)-Australia-New Zealand Free Trade Agreement (FTA) was signed in Hua Hin, Thailand, on February 27 2009, and entered into force on January 1 2010 when eight of the 12 participating countries ratified it (ie Australia, New Zealand, Brunei, Burma, Malaysia, the Philippines, Singapore, and Vietnam). Before this FTA was signed, Australia and New Zealand had an FTA with each other, and each of them had FTAs with Thailand and Singapore.

The proposed new Computer Crimes Act, which will supersede the 2007 Computer Crimes Act, has been introduced in an attempt to fill loopholes in the current legislation.The new draft is aimed at those who perpetrate offenses and who have previously evaded liability. But there are concerns over whether the new law would be overly zealous in handing out harsh punishment to all offending parties, regardless of the severity of the crime involved.

More and more companies are turning to arbitration to resolve complex international disputes. The International Comparative Legal Guide to: International Arbitration 2011 Vietnam Chapter, written by Michael K. Lee and Doan Ngoc Tran of Tilleke & Gibbins, provides information on how to navigate the arbitration landscape in Vietnam.