Two of Tilleke & Gibbins’ licensing specialists in Bangkok have contributed the Thailand chapter to the newly issued Licensing 2024, a comprehensive guide from Lexology Panoramic to licensing in various jurisdictions around the world. The Thailand chapter covers the following topics: Laws and licensing arrangements: Unfair Contract Terms Act, Trade Competition Act, pre-contractual disclosure, registration of international licensing, implied obligations, Civil and Commercial Code, Trademark Act, Patent Act, Trade Secrets Act Intellectual property issues: Paris Convention for the Protection of Industrial Property, contesting the validity of licensor’s IP rights, invalidity and expiry of IP rights, security interests, proceedings against third parties, sublicensing, jointly owned IP, first to file, scope of patent protection, trade secrets, copyright Software licensing: Perpetual licensing, legal requirements, user restrictions Royalties and payments, currency conversion, and taxes: Relevant legislation, restrictions, taxation of foreign licensors Competition law issues: Restrictions on trade, legal restrictions, and IP-related court rulings Indemnification, disclaimers, and damages: Prevalence and enforceability of indemnity provisions and contractual waivers of damages Termination: Right to terminate, impact of termination Bankruptcy: Impact of licensee or licensor bankruptcy Dispute resolution: Governing law, arbitration, enforceability, injunctive relief, contractual waivers The Thailand chapter was authored by Alan Adcock, partner, and Kasama Sriwatanakul, counsel, both in the Thailand regulatory affairs team. The full Thailand chapter is available below as a PDF. Tilleke & Gibbins also contributed the Vietnam chapter to Licensing 2024. Readers can gain 30 days of complementary access to the full Licensing 2024 guide and the rest of Lexology Panoramic’s varied offerings through this link.

Myanmar’s Intellectual Property Department (IPD) has released its announcement dated February 9, 2024, stating that it is now accepting applications for registration of copyrights and related rights under the Copyright Law of 2019. The Copyright Law of 2019 entered into force on October 31, 2023, replacing the old Copyright Act of 1914. The Ministry of Commerce (MOC) issued the Copyright Rules in Notification No. 70/2023 on October 23, 2023, setting the required procedures for copyright-related matters in Myanmar. Forms required for registration and related actions regarding copyrights and related rights were issued by the MOC under Notification No. 73/2023 on November 20, 2023. Regarding the official fees, the IP Agency issued Notification No. 1/2024 on February 13, 2024. While copyright protection arises automatically without the need for registration, rights holders can voluntarily apply for registration of their works under the new framework of the Copyright Law of 2019 if they wish to secure stronger evidence of ownership for their works in Myanmar. Applications can be filed by the applicant electronically, in person or through a local representative, or by post. Applicants incorporated or residing outside Myanmar must appoint a local representative to file the application with the IPD. For more information on the voluntary registration of copyrights and related rights in Myanmar, or for assistance in applying to register copyrights, please contact Tilleke & Gibbins at [email protected].

Indonesia is a multicultural country with diverse ethnicities, cultures, and religions, leading to a wealth of cultural creations, knowledge, and traditions. Where such creations, knowledge, and traditions are owned by a certain community and have become part of the identity of that community, they may be protected by Indonesian law as communal intellectual property. One type of communal intellectual property is traditional knowledge. A well-known example is a form of martial arts known as pencak silat. This martial art was traditionally performed when welcoming guests, usually accompanied by gondang borogong music, and is registered as traditional knowledge from Riau, Indonesia. New Regulation on Communal Intellectual Property Traditional knowledge used to be regulated by a number of laws, including three separate ones on copyright, patents, and cultural advancement. However, in December 2022, the Indonesian government issued Government Regulation No. 56 of 2022 on Communal Intellectual Property (“GR 56/2022”), establishing a single set of rules for the definition and protection of traditional knowledge. One of the aims of the regulation is to encourage the registration of communal intellectual property, which was part of the government’s priority program for 2023. Under GR 56/2022, traditional knowledge is defined as ideas and concepts that contain local values resulting from real experiences of interacting with the environment and that are developed continuously and passed on to the next generation. The regulation recognizes the following categories of traditional knowledge: Traditional methods or processes; Technical proficiency; Skills; Learning; Agricultural knowledge; Technical knowledge; Ecological knowledge; Knowledge related to genetic resources; Knowledge of medicine, traditional medicine, and healing procedures; Economic systems; Social organization systems; Knowledge related to the behavior of nature and the universe; and Other forms of knowledge. Traditional knowledge is a moral right belonging to the community, requiring any user of the traditional knowledge to acknowledge its

Tilleke & Gibbins contributed the Vietnam chapter of Foreign Investment Review 2024, a recently published global guide to the legal and regulatory environment for foreign investment in 27 jurisdictions worldwide. Published and distributed by Lexology Panoramic, the guide discusses law and policy on oversight of foreign investment, regulatory frameworks, procedural requirements, and other important stipulations for foreign investors. The Vietnam chapter covers the following topics: Law and Policy: Government policies and practices, main laws and their scope of application (including details on investment promotional measures), definitions, rules for state-owned enterprises and sovereign wealth funds, relevant authorities and oversight, and national interest provisions. Procedure: Jurisdictional thresholds, national interest clearance, securing approval, the review process for competition clearance and associated penalties, involvement of authorities, facilitation of clearance, and post-closing regulatory powers. Substantive assessment: Substantive tests for clearance, authorities’ consultation with other countries and other relevant parties, transactional prohibitions and objections, mitigating arrangements and challenges to a decision, and protection of confidential information. Recent cases, updates, and trends: Relevant recent case law, key recent and ongoing developments. A PDF of the Vietnam chapter can be accessed through the button below. Tilleke & Gibbins also contributed the Cambodia, Laos, and Myanmar chapters to Foreign Investment Review 2024. Readers can also gain 30 days of complementary access to the full Foreign Investment Review 2024 guide and the rest of Lexology Panoramic’s varied offerings through this link.