For Myanmar, the extension of the TRIPS transition period for least developed countries has broad implications, as implementation of four substantive IP laws (enacted in 2019) is still pending and the country thus still remains out of compliance with most TRIPS requirements.

The title of a video game is likely one of the most valuable assets that a game developer holds. Registering a game title as a trademark secures exclusive rights over that title and prevents third parties from using it for games or related goods or services of their own. However, whether a game title is descriptive of the computer game is an issue that has come up repeatedly in Thailand with applications to register video game titles as trademarks. According to current practice, the trademark registrar and the Board of Trademarks at Thailand’s Department of Intellectual Property (DIP) do consider a game title to be descriptive of a computer game, regardless of whether the title is related to the actual features or characteristics of the game. In a recent case, a mobile game developer decided to mount a challenge to one such rejection of a video game title trademark application. The developer, which has brought many popular mobile games to the global market, had submitted a trademark application for the title of their mobile game “Clash Royale” in classes of computer game software (Class 9) and electronic games (Class 28). This application was rejected by the registrar and the Board of Trademarks for non-distinctiveness. The registrar and the board decided that the words “Clash Royale” can be interpreted to mean “battle of the kings.” In connection with goods in the applied-for classes, these words describe the nature of the goods as “games related to battles of the kings” and therefore are not registrable because they do not exhibit the distinctiveness required by Thailand’s Trademark Act. The game developer enlisted Tilleke & Gibbins to appeal the board’s decision to the Intellectual Property and International Trade Court (IP&IT Court), arguing that the mark “Clash Royale” is inherently distinctive and not directly

On August 19, 2021, the Ho Chi Minh City Police Investigation Department shared that they are investigating a case of copyright and related rights infringement under the decision to prosecute a criminal case related to the website Phimmoi.net. This is the first time Vietnam’s police force has prosecuted a case of copyright infringement.

A comprehensive legal environment is necessary to deter and address the theft of intellectual property, especially vulnerable IP assets like trade secrets. Vietnam’s compliance with the CPTPP’s trade secret requirements is necessary to ensure a healthy business environment as the country continues its path of economic integration.