The 2006 Intellectual Property Law (IP Law) was amended in 2010 in response to industry demands and to meet commitments made pursuant to the Berne Convention and TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement. These important amendments to the IP Law, effective January 1, 2010, have resulted in renewed registration and enforcement activities by rights holders, as discussed in this article.

Three-dimensional objects are included in the definition of marks in Section 4 of the Trademark Act (1991), as amended by the Trademark Act (2000), which came into force on June 30, 2000. Since then, many applications for registration of three-dimensional objects have been filed with the Department of Intellectual Property. However, very few of these applications have actually been accepted for registration. This article looks at the various forms of protection that are available for three-dimensional objects.

Generally speaking, most private limited companies have a financial year ending on December 31st.

On December 8, 2009, the National Office of Intellectual Property issued the long-awaited examination guidelines for industrial designs. The guidelines gave clarity to a number of issues that had been left unclear under the Law on Intellectual Property and its regulations. This article examines the developments.

After being chased out of China and Hong Kong, Southeast Asia is seeing a marked increase in the number of unauthorized business enterprise name registrations and, as was the case in China and Hong Kong, there seems little the company registration departments can proactively do to counter such unauthorized registrations until legislation is passed to empower officials to reject applications for business names using the trademarks or trade names of others. This article examines a recent Thai Supreme Court case on the issue.

Since 2002, in addition to traditional avenues in the Thai courts, brand owners have had the option of mediation by the Dispute Prevention and Settlement of Intellectual Property Group, the Legal Department of the Department of Intellectual Property. This option allows brand owners to deal with a variety of intellectual property-related issues, including infringement of trademark, copyright, patent, and trade secret.

Following Vietnam’s entry into the World Trade Organization in 2007, franchising activity is on the rise. Even in the recent worldwide economic downturn, major franchises have been attracted by the consumer buying potential of Vietnam’s 86-million strong population, half of whom are under 25 years of age. In recent years, several major franchises have registered to conduct franchising activities in Vietnam, including franchises in the restaurant, apparel, education, car rental, real estate, fitness, eyewear, and other fields.

The franchise business model is widespread in Thailand, especially in the wake of the recent recession. This level of popularity can be attributed to the fact that franchising allows the franchisor to promote a successful business model or product to another geographical area, while many of the risks are borne by the franchisee. At the same time, franchising is attractive to franchisees because it authorizes the franchisee to use this successful business model or product while deriving greater benefits from the business than a company-owned outlet.