Medicine is an integral part of our lives, helping us to recover from illness and allowing us to live a longer and healthier life. However, the great benefits derived from medicine are also accompanied by a great many risks, which may be derived from the properties of the drug substance, the quality of the medicine, or in some cases, the defectiveness of the drug product itself.

Protection of intellectual property (IP) in the form of trademarks, copyrights and patents is on the rise, as greater awareness of IP laws in Thailand has led to increasing numbers of business proprietors seeking to safeguard their valuable IP assets.In particular, patent protection has become hugely significant in technology-related businesses. It plays a major role in safeguarding newly invented technology. Since patents are protected on a country-by-country basis, it is essential to file a patent application in all countries in which protection is necessary.

Among international IP practitioners, there has long been a controversial issue regarding whether the new use of a known product can satisfy the novelty requirement to be patentable. So-called “new use” patents frequently concern subject matter such as chemical substances or medical use of known products.

Similar to the trademark licensing practice in several countries, a trademark license agreement in Thailand must be registered with the Registrar at the Department of Intellectual Property (DIP). If two parties make an agreement but fail to register it, the licensing parties do not have the right to enforce the license agreement. Thus, the registration of a trademark license agreement is essential in Thailand.

In late 2008, intellectual property owners were encouraged when Vietnam issued long-awaited regulations providing guidance on how to resolve disputes about “.vn” domain names. This optimism soon faded, however, when the reality of the new practice set in. IP owners and practitioners continued to face challenges in securing their online rights, and there appeared to be no clear options for pursuing measures through a system that was transparent, effective, cost-efficient, and time-saving.

Reinvigorated intellectual property enforcement efforts by Thai authorities in 2012, in the aftermath of the flood crisis last year, have already reaped great success and led to the possible disbandment of a major forgery ring on the eastern seaboard.

Many businesses in ASEAN countries continue to adjust to the changes brought about by the elimination of import duties, in the context of both the ASEAN Economic Community and other bilateral and multilateral free trade agreements. While reductions in barriers to trade—tariff or non-tariff—can open foreign markets to domestic producers, they also bring additional competition for domestic producers in their home markets.

Published by Multilaw in association with West (a Thomson Reuters business), Media, Advertising, and Entertainment Law Throughout the World introduces international readers to the laws governing media, advertising, entertainment, and art in 43 countries, including Vietnam. The Vietnam chapter outlines the following issues: