Anyone with even a basic knowledge of intellectual property law knows that a trademark must enable consumers to distinguish the product of one enterprise from the products of other enterprises. To be registrable, the trademark must be distinctive and non-descriptive. A mark can be distinctive in two ways: (1) inherent distinctiveness; and (2) distinctiveness through use. In addition, the trademark must be something other than, and separate from, the goods themselves. This rule applies to the registration and protection of conventional trademarks, as well as configuration marks.

An increasing number of foreigners are finding investment in Thailand attractive, creating a positive impact on the Thai economy. Undoubtedly, one of the effects of increased foreign direct investment is a greater number of foreigners coming to Thailand for a variety of business-related purposes: conducting business, taking a position of employment, accompanying family members assigned to work in Thailand, and even attending business meetings and seminars.

Employment law can vary widely between different jurisdictions. To navigate through the differing requirements, Multilaw has published How to Hire and Fire in 96 Jurisdictions, a guide to global labor and employment law.The Vietnam chapter of the guide looks at key issues such as:

Published by Multilaw, How to Hire and Fire in 96 Jurisdictions is a guide providing a quick overview of the rules and regulations governing employment relationships around the world. It is aimed at directors, in-house counsel, and senior HR staff in businesses operating in the global marketplace to help them gain a general overview of the employment legal framework worldwide.

Trademarks, tax, and termination are the terms in a franchise agreement most likely to cause trouble for a franchisor in Asia. In Thailand, many of the world’s most successful franchise models have established themselves to cater to the sophisticated Thai consumer. Well-known examples include Zara and Gap (for clothing and accessories); KFC, Pizza Hut, and Krispy Kreme (food); Ikea (home accessories); and 7-Eleven and Family Mart (convenience stores).

Presented in a Q&A format, the Thailand chapter of The International Comparative Legal Guide to: Patents 2012 provides a broad overview of Thai patent law. The authors review key issues such as criminal and civil proceedings, trial procedures, invalidity actions, damages awards, licensing and compulsory licenses, and patent prosecution and opposition.

Vietnam has seen a booming mobile services market. The mobile penetration rate has grown exponentially from just over 20% in 2006 to 80% by 2008. Vietnam has surpassed many of its peers in the sector after its WTO accession in 2007, and the introduction of Law on Telecommunication in 2009 has been an essential development. Just one year after passing the Law on Telecommunication, the government issued the Decree No.  25/2011/ND-CP (Decree 25) as an implementing regulation, which provides some groundbreaking changes to the regulation of the telecommunication sector.

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.