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Consumer Products

Consumer Products

Key Contacts

Cambodia

Indonesia

Laos

Myanmar

Thailand

Vietnam

Jay Cohen

     +855 23 964 210

     [email protected]

David Mol

     +855 23 964 210

     [email protected]

Wongrat Ratanaprayul

     +6221 2971 8099

     [email protected]

Prisna Sungwanna

     +66 2056 5656

     [email protected]

Yuwadee Thean-ngarm

     +95 9 772 440 002

     [email protected]

Kobkit Thienpreecha

     +66 2056 5534

     [email protected]

Wiramrudee (Pink) Mokkhavesa

     +66 2056 5873

     [email protected]

Linh Thi Mai Nguyen

     +84 24 3772 5559

     [email protected]

Chuyen Hong Huu Le

     +84 28 628 45687

     [email protected]

OVERVIEW

Helping you bring
world-class products to the fast-growing markets of Southeast Asia.

The consumer products team at Tilleke & Gibbins will partner with you across all stages of commercializing your product in Southeast Asia.

At the concept and design stage, we help protect your innovation through patent and trademark services, and pave the way for market entry and product launches through market surveys and commercialization services.

At the realization stage, we work with you to secure favorable manufacturing and warehousing deals, enter into joint ventures with trusted local partners, and navigate the regulatory and labelling regimes to ensure that your products are compliant and profitable. When manufacturing is underway, we advise on labor and employment matters on an ongoing basis, and on the vital licensing, distribution, and franchising agreements to get your products to market worldwide.

In the unlikely event that anything goes wrong, our dispute resolution team is on hand to help protect your market position and reputation. We have worked with some of the world’s largest brands to carry out product recalls and to defend against consumer litigation, including class actions.

With a unified multidisciplinary team that understands your product from step one, you can rest assured that your business in Southeast Asia is in good hands.

Case Studies
Thailand | Full-service

Tilleke Helps Aesop Launch First Official Signature Store in Thailand

Tilleke & Gibbins is proud to have helped well-known Australian luxury cosmetics brand Aesop with the launch of its first official signature store in Thailand, advising on a full range of legal matters from company incorporation and licensing to product registration and all stages in between.

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Thailand | Consumer Products | Corporate/M&A

Assisted Luxury Fashion Brand with Franchise Buyback

Assisted a luxury fashion brand in framing and entering into an agreement to buyback a franchise from its Thailand franchisee, which included transfers of preexisting retail stores, assets, and leases to the newly formed Thailand wholly-owned subsidiary of our client.

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Laos | Consumer Products | Intellectual Property

Obtained Foreign GI Registration in Laos for Scotch Whisky

Advised the Scotch Whisky Association in the registration of the second-ever foreign Geographical Indication (GI) in Laos. Notably, Tilleke & Gibbins previously also advised a different client on the registration of the first-ever foreign GI in Laos, “Champagne.”

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Thailand | Automotive | Dispute Resolution

Successful Representation in Product Recall Case

Represented the Thai subsidiary of a major Japanese automaker on a number of claims related to allegedly defective airbags. Through our strong representation, all cases were tactically settled for a nominal amount.

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Experience

  • Retained by one of Southeast Asia’s largest manufacturers of alcoholic and non-alcoholic beverages to handle their trademark portfolio and labelling requirements across all six of our jurisdictions.
  • Represented the Myanmar subsidiary of a Thai garment manufacturer with over 4,000 total employees in preparing a successful appeal for a complex and highly publicized arbitration between our client and 260 of their employees in Myanmar in relation to a massive strike based on 23 labor demands including wage increase, skills bonus, full-time jobs for temporary staff, and shuttle transportation, among others.
  • Advised the Thai subsidiary of a major Japanese automaker on a number of claims related to allegedly defective airbags.
    The claimants argued that they were injured after airbags deployed with excessive force when they were involved in accidents while driving the automaker’s vehicles. The claimants claimed damages and demanded that our client initiated recalls of its vehicles in Thailand. Through our representation, all cases were successfully settled for a nominal amount.
  • Our franchising practice is one of the most active in Southeast Asia, assisting clients with every stage of bringing their franchises to the region, providing preliminary advice on regulations, market entry, and trademark protection; drafting, advising on, and translating franchise disclosure documents and franchise agreements to file for registration with local regulators; and providing ongoing advice once the local franchises have been sold and established.
  • Retained to advise a world-leading multinational luxury goods corporation on a wide range of corporate and commercial matters related to their business operations in Thailand, including the establishment and operation of it’s retail operations in Bangkok’s luxury malls, and the recent closure of a snake farm in Thailand.
  • Advising a multinational food manufacturing company on their plans to launch a contest in which Thai consumers would be entitled to participate. As the contest operator is domiciled in Singapore and the company’s Thai affiliate is not involved, they initially approached us about the general legal implications of a foreign entity administering such a contest. This uncovered complex Thai tax implications on the prizes that would be awarded under the contest. We advised the client on the various rules and regulations that they need to be aware of in order to run their contest and remain fully compliant with Thai tax laws.
  • Retained by the world’s largest coffee chain to enforce its IP rights in Cambodia and Laos by continuously monitoring the Cambodian market, providing our client with sighting reports, and taking action to prevent the dissemination of counterfeits in the country.
  • Representing one of the world’s largest producers and sellers of vitamins, minerals and nutritional supplements in claims before the Thai Customs Department om a dispute over the application of internationally accepted rules of origin in calculating whether products imported for distribution in Thailand qualify for tax exemptions under ASEAN member trade agreements. Significantly, this matter involves complexity in the interpretation of rules of origin, as only significantly small percentages of our client’s product ingredients originate from countries not subject to tax exemptions.
  • Advised Red Bull, a leading energy drink maker, on an intercompany trademark license registration between Red Bull AG and Red Bull Asia FZE. The client wanted to update the addendum to an existing agreement to include Red Bull’s entire Indonesian trademark portfolio.
  • Tilleke & Gibbins regularly organizes product identification training sessions across Southeast Asia for our IP practitioners and clients to come together and train local officers on how to differentiate genuine products from counterfeit products for some of the world’s leading brand owners. Through these events, we help support educational programs, enhance border control measures, strengthen IP protection for our clients, and build collaborative relationships with officials from the operational to the executive level.
  • Representing a Brazilian footwear manufacturer in enforcement action to prevent online counterfeiting in Cambodia.

PROFESSIONALS

RELATED INSIGHTS

September 9, 2024
The popularity of the franchise business model has been growing rapidly in Southeast Asia in recent years, with some of the world’s top brands becoming common sights in the commercial districts and shopping malls of major regional cities in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam. While for most countries in this part of the world, franchising has not been explicitly mentioned in legislation, well prepared franchise business operations can comfortably adapt to each country’s regulatory framework, and the growth is poised to continue even as the global retail sector redesigns and redoubles its efforts in the wake of the COVID-19 outbreak. In fact, the franchise business model, which is both global and hyper-local at once, is one of the most promising solutions that entrepreneurs are turning to in their quest to overcome the challenges of the new economic reality. The Regional Guide to Franchising Law in Southeast Asia provides key, up-to-date insights into the legal frameworks regulating franchise operations in these Southeast Asian countries, and helps brand owners understand the most relevant laws, authorities, and procedures for their business. Some of the essential topics covered for each jurisdiction include considerations in negotiating and designing franchise agreements, protecting intellectual property rights, and important information on judicial and arbitral procedures should a dispute arise between franchisor and franchisee. Practitioners from Tilleke & Gibbins’ offices in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam contributed to guide—not only by providing legal expertise on the laws and mechanisms applicable in each jurisdiction, but also by examining strategies for establishing and running resilient franchise operations in Southeast Asia. The full guide can be accessed as a PDF through the button below.
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July 9, 2024
On July 3, 2024, the Committee on Contracts of Thailand’s Consumer Protection Board announced the Notification re: Stipulation of Cash-on-Delivery (COD) Logistics Services as a Controlled-Receipt Business under the Consumer Protection Act B.E. 2522 (1979). The notification regulates businesses “providing goods transportation services that collect cash on delivery,” which refers to business operators responsible for transporting goods from sender (i.e., the merchant of the goods) to consumer (i.e., the purchaser of the goods) and upon delivery collects payment from the consumer either in cash or via bank transfer. The obligations that the notification imposes on these business operators are described below. Receipts Business operators must prepare a receipt as evidence of payment according to the specified requirements and deliver it to the consumer immediately upon receiving payment for the goods. The receipt must include text in Thai that is clearly visible and legible, with a font size of at least two millimeters and no more than 11 characters per inch. The text must contain essential information and conditions as specified in the notification, including: The duration that the business operator will hold the money received from the consumer before releasing it to the sender; The timeframe within which the consumer must notify the business operator to return the goods and request a refund; Information about the employees who deliver the goods and collect payment from consumers; The name of the person authorized to issue the receipt; Details about the parcel specifying the nature of the goods, including the name, type, kind, characteristics, size, weight, quantity, color, volume or capacity, and price of the goods; and A statement that the consumer has the right to reject the delivered goods or receive a refund. The receipt also must not contain any statement prohibited by the notification. Examples include: Text stipulating that
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March 25, 2024
Attorneys from Tilleke & Gibbins in Vietnam have provided an updated Vietnam chapter for Fashion Law 2024, a guide to law surrounding the business of fashion in jurisdictions around the world. The guide, which covers 20 key jurisdictions in the global fashion industry, offers insights into local legal frameworks for a range of issues, such as brand enforcement and protection, e-commerce and marketing, and sustainability. The Vietnam chapter of Fashion Law 2024 provides detailed information on the following topics: Main intellectual property rights for fashion products Contractual arrangements in manufacturing, distribution, and advertising Regulations and enforcement of online marketing Unfair competition rules and judicial interpretation Specific regulations on sustainability and ESG in fashion Special import and export rules for fashion products The full Vietnam chapter is available for free through the button below and on the Global Legal Post website. Tilleke & Gibbins also contributed the Thailand chapter to the guide.
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March 25, 2024
Tilleke & Gibbins has provided an updated Thailand chapter for Fashion Law 2024 from Global Legal Post. The guide covers 20 key jurisdictions in the global fashion industry, offering insights into local legal frameworks surrounding issues such as brand enforcement and protection, e-commerce and marketing, and sustainability considerations. The Thailand chapter of Fashion Law 2024 provides detailed information on the following topics: Main intellectual property rights for fashion products Contractual arrangements in manufacturing, distribution, and advertising Regulations and enforcement of online marketing Unfair competition rules and judicial interpretation Specific regulations on sustainability and ESG in fashion Special import and export rules for fashion products The full Thailand chapter is available for free through the button below and on the Global Legal Post website. Tilleke & Gibbins also contributed the Vietnam chapter to the guide.
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AWARDS & RANKINGS
September 13, 2024
The 2024 edition of the IFLR1000 Asia-Pacific rankings, released by International Financial Law Review (IFLR), highlights Tilleke & Gibbins’ continued excellence in financial and corporate transactional work. The firm has retained its strong rankings across multiple jurisdictions and practice areas, reaffirming its position as a leading firm in the Asia-Pacific region. This year, Tilleke & Gibbins received firmwide rankings in key jurisdictions, including: Thailand Banking & Finance – Tier 3 Capital Markets: Debt – Tier 3 Capital Markets: Equity – Tier 3 M&A – Tier 2 Project Development – Tier 2 Restructuring & Insolvency – Tier 3 Vietnam Banking & Finance – Other Notable M&A – Tier 3 Project Development – Tier 3 Cambodia Financial & Corporate – Tier 2 Project Development – Tier 2 Laos Financial & Corporate – Tier 2 In addition to these firmwide rankings, Tilleke & Gibbins had several standout individual recognitions, with 10 lawyers honored in the 2024 individual rankings, including new entries for John Frangos, Niti Muangkote, Santhapat Periera, and Tram Ngoc Bich Nguyen. The full list is as follows: Charunun Sathitsuksomboon – Highly Regarded, M&A, Thailand Charuwan Charoonchitsathian – Rising Star, M&A, Thailand David Mol – Rising Star, Corporate and M&A, Cambodia Jay Cohen – Highly Regarded, Banking, Cambodia John Frangos – Notable Practitioner, Restructuring & Insolvency, Thailand (new ranking) Niti Muangkote – Rising Star, Financial & Corporate, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Saithong Rattana – Notable Practitioner, Project Development and M&A, Laos Santhapat Periera – Highly Regarded, Banking, M&A, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Supasit Boonsanong – Highly Regarded, Project Development, Thailand Tram Ngoc Bich Nguyen – Highly Regarded, M&A, Vietnam (new ranking) To see the full set of IFLR1000 rankings for Tilleke & Gibbins’ jurisdictions, please see the Cambodia, Laos, Thailand, and
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September 12, 2024
Tilleke & Gibbins has once again secured impressive rankings in the recently released Asialaw 2024 rankings. The firm has maintained its position as a top legal service provider across multiple jurisdictions, earning a total of 39 rankings in practice and industry groups, 19 of which are in the highest tiers. The firm’s performance continues to reflect its exceptional client service and legal expertise across Southeast Asia. Tilleke & Gibbins is recognized in all available categories for Cambodia, Laos, and Thailand, demonstrating the firm’s strong presence across the region. In the individual rankings, 22 of the firm’s practitioners have been recognized, including three notable promotions and three new entries: Charunun Sathitsuksomboon (Thailand), newly ranked as a Notable Practitioner for Corporate and M&A. Linh Thi Mai Nguyen (Vietnam), promoted to Distinguished Practitioner for Intellectual Property. Loc Xuan Le (Vietnam), promoted to Elite Practitioner for Intellectual Property. Niti Muangkote (Laos), a new entry as a Rising Star for Banking and Finance. Prisna Sungwanna (Laos), newly ranked as a Distinguished Practitioner for Corporate and M&A and Banking & Finance. Suebsiri Taweepon (Thailand), promoted to Distinguished Practitioner for Intellectual Property and Technology and Telecommunications. Client feedback remains a key component of the Asialaw rankings, with Tilleke & Gibbins earning high praise for its responsiveness and commercial awareness. The firm’s sector-specific knowledge also continues to stand out, with clients expressing their appreciation of the firm’s understanding of their businesses’ operational contexts. For more details and to browse the full rankings, please visit the Asialaw website.
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July 23, 2024
In the Who’s Who Legal (WWL) Southeast Asia guide for 2024, a total of 12 Tilleke & Gibbins lawyers have been distinguished as market leaders in various legal practice areas. The firm’s 12 recognized lawyers, singled out for their commitment to delivering exceptional legal services to Tilleke & Gibbins’ clients, are grouped into seven practice areas: Asset Recovery: Thawat Damsa-ard Data: Alan Adcock, Athistha (Nop) Chitranukroh Franchise: Alan Adcock, Jay Cohen Intellectual Property: Alan Adcock (Patents, Trademarks), Darani Vachanavuttivong (Patents, Trademarks), Kasama Sriwatanakul (Trademarks), Linh Thi Mai Nguyen (Trademarks), Somboon Earterasarun (Trademarks), Wongrat Ratanaprayul (Patents) Investigations: John Frangos and Thawat Damsa-ard Labor, Employment, and Benefits: Pimvimol (June) Vipamaneerut Life Sciences: Alan Adcock, Loc Xuan Le The annual WWL Southeast Asia rankings guide, published by the London-based group Law Business Research, aims to identify the foremost legal practitioners across a range of business law practice areas. The rankings are largely based on feedback and nominations received from other WWL-ranked and nominated attorneys around the world. These peer-driven recognitions highlight Tilleke & Gibbins’ dedication to maintaining the highest standards of legal service and helping clients achieve success. To read more about the WWL Southeast Asia guide, or to browse the full results, please visit the WWL website.
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July 19, 2024
Tilleke & Gibbins has been shortlisted for six awards at the Asialaw Awards 2024. The nominations highlight the firm’s outstanding performance and leadership in Southeast Asia’s legal landscape. The firm has received the following nominations: Regional Corporate/M&A Firm of the Year Cambodia Firm of the Year Laos Firm of the Year Thailand Firm of the Year In addition to the firm nominations, two individuals from Tilleke & Gibbins have been recognized for their exceptional contributions: Prisna Sungwanna – Laos Female Lawyer of the Year Charunun Sathitsuksomboon – Thailand Female Lawyer of the Year The Asialaw Awards celebrate the leading law firms and legal professionals across the region, recognizing excellence in practice and service. The winners will be announced at a ceremony in Kuala Lumpur, Malaysia, on September 26. For more information on the Asialaw Awards 2024 and to browse a full list of the winners, please visit the Asialaw website.
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