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.

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.