Appeals of unfavorable decisions on protection in the IP field are very common in Vietnam. In 2023, there were 845 appeals filed at the IP Office, including 780 trademark appeals. In most cases, however, applicants view the appeal procedure as almost a last resort, as the lengthy examination process can lead to serious delays in appeal settlement. In fact, it can take four to seven years, or even longer, for an appeal to be resolved, and a disappointingly low number of cases are settled each year, despite the towering number of appeals pending. Nonetheless, there are reasons for optimism. Inspection and Appeal Department On 1 July 2024, the IP Office issued Decision No. 575/QD-SHTT promulgating the Regulations on Organization and Operation of the Inspection and Appeal Department – formerly the Enforcement and Appeal Department – whose functions include, among others, advising and assisting the Director General of the IP Office in resolving appeals related to the process of establishing IP rights. The Inspection and Appeal Department has the duty to handle appeals and denunciations related to the process of establishing IP rights, as well as requests for termination and cancellation of the validity of registrations. In addition, it can provide expert opinions, and appoint knowledgeable personnel to participate in the IP Office’s Advisory Council to settle appeals. While the renamed department’s responsibilities do not differ greatly, on paper, from those of the previous Enforcement and Appeal Department, the issuance of new regulations indicates the IP Office’s renewed focus on the importance of improving the appeal procedure. Scope of IP appeals expanded In addition, in November 2023, the Ministry of Science and Technology issued Circular No. 23/2023/TT-BKHCN (“Circular 23”) providing further guidance for implementation of the amended 2022 IP Law and its subordinate legislation. Article 35 of Circular 23 has

The landscape of intellectual property (IP) has transformed alongside advancements in technology, transitioning from traditional methods to modern online approaches. A growing number of IP infringers are moving their illegal activities to the online sphere, particularly through the sale of counterfeit goods on their websites, social media, or e-commerce platforms. In response to these shifting pressures, Thailand implemented the Computer-Related Crime Act B.E. 2550 (CCA) on July 18, 2007, and amended it in 2017, aiming to enhance the effectiveness of combating online infringement by empowering government officials to request that the court block computer data (called “website-blocking”) that infringes upon other parties’ intellectual property rights, as per section 20(3) of the CCA. From 2018 to May 2024, Thailand’s Criminal Court and Central Intellectual Property and International Trade Court have issued 53 orders to block more than 1,779 infringing URLs. One significant recent development is the Criminal Court’s establishment of the Technology Crime Division, which has been operating since April 1, 2024. Its purpose is to address criminal offenses that occur through electronic means, which should then be handled in an effective and prompt manner by judges who have expertise on technological crimes. In addition, several current measures to combat technology crime, including section 20(3) of the CCA, require court orders for the prevention of electronic criminal offenses or online infringement. The Technology Crime Division has the jurisdiction to consider and grant these orders, which will help expedite the approval process and ensure review by specialized judges. Scope of the Technology Crime Division The announcement of the establishment of the Technology Crime Division within the Criminal Court was published in the Government Gazette on March 18, 2024, with operations commencing on April 1, 2024. The Technology Crime Division is empowered to: Consider and adjudicate technology crime cases, except cases falling

Attorneys from Tilleke & Gibbins’ office in Phnom Penh have prepared Intellectual Property in Cambodia, a comprehensive resource for understanding, protecting, and commercializing intellectual property (IP) in the country. This guide provides detailed information on various aspects of IP rights, including: Trademarks: Procedures and requirements for registration, maintenance, and enforcement. Patents: Information on obtaining patent protection, including the application process and legal requirements. Industrial designs: Steps for registering and protecting design innovations. Utility models: Guidelines for securing protection for new technical solutions. Copyrights: Details on copyright protection, registration, and enforcement. Geographical indications: Information on protecting products with specific geographical origins. The guide is designed to offer practical insights into the registration processes, legal frameworks, and enforcement mechanisms relevant to IP in Cambodia. It aims to serve as a valuable tool for businesses, legal practitioners, and individuals involved in the creation and protection of intellectual property. For more details, access the full Intellectual Property in Cambodia guide by clicking the button below.

On March 7, 2024, Laos moved to regulate the management of foreign-currency income from the exportation of goods and services. Effective March 29, 2024, Decision No. 333 (formally the Decision on Management of Income in Foreign Currency from Exportation of Goods and Services No. 333/BOL) from the Bank of Lao PDR (BOL) aims to incentivize the inflow of such foreign currency into Laos and its sale to licensed commercial banks. Decision No. 333 sets minimum required proportions for importing income in foreign currency derived from the exportation of goods and services, as well as the timeframe for doing so. It also stipulates the requirements for selling such foreign currency to commercial banks in Laos and the minimum proportions that must be sold. Importing Foreign-Currency Income Exporters must receive payments from abroad via bank transfer into a dedicated bank account designated for import-export business activities within the timeline specified in the sale-purchase agreement, but not exceeding 180 days from the date of export. Each sector must import income in foreign currency into the Lao PDR according to the minimum proportion of currency to be imported, and it must be done within the required timeframes, as specified in the table below. The ratios and timeframes are subject to change depending on the circumstances. If exporters cannot comply with the required ratio and timeline, exporters must provide relevant explanatory documents for the BOL’s consideration. Selling Foreign-Currency Income Exporters of goods and services must sell at least the minimum required proportion of their foreign-currency income (see table below) to a commercial bank in Laos. This foreign currency exchange must occur within three working days of receiving the foreign currency into the dedicated bank account in Laos. The selling rate will be determined by the prevailing rate of the commercial bank on the day