Darani Vachanavuttivong

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Managing Partner and Managing Director, Intellectual Property

Biography

Darani Vachanavuttivong is a formidable enforcer of intellectual property rights (IPR), including trademarks, copyrights, and patents. Regarded as “a brilliant, hands-on lawyer who works extremely hard for her clients” (WTR 1000), Darani is currently recognized as a top IP practitioner by such publications as Asialaw Leading Lawyers (since 2003), The Legal 500 Asia Pacific (since 2003), and Chambers Asia-Pacific (since 2008). She has been named as one of the most accomplished female IP practitioners in the world by Managing Intellectual Property magazine, which includes Darani in its list of the “Top 250 Women in IP”

Darani helps clients protect IPR in some of the toughest jurisdictions in the world—Thailand, Vietnam, Cambodia, Laos, and Myanmar. Darani previously headed the firm’s trademark registration group and is well-versed in writing patents, having represented numerous patent clients and having attended several high-level courses on drafting patent specifications, including the South East Asian Patent Drafting Training Course and the Patent Agent Training Course organized by the Department of Intellectual Property, Bangkok.

A leading IP attorney and a leader in the IP field, Darani is the managing director of the Tilleke & Gibbins intellectual property group, which is consistently recognized as the preeminent IP practice in Southeast Asia. Darani, who is a licensed to practice law in Thailand, is actively engaged in the global intellectual property community, and currently sits as President of the ASEAN Intellectual Property Association (AIPA) and chair of the Asia-Pacific Sub-Committee of INTA’s Global Advisory Council. She has also served terms as President and Vice President of the Thailand group of the Asian Patent Attorneys Association; and as President of the Intellectual Property Association of Thailand.

Darani, who is a member of the Lawyers Council of Thailand and is a qualified patent agent, takes a realistic, no-nonsense approach to protecting intellectual property in Southeast Asia, and notes that, “protecting IPR should be viewed as an investment in the product and the company’s good name and as a critical line-item in any originator’s budget.”

Experience

Acted on behalf of our client before the IP&IT Court and obtained a very favorable settlement just prior to the rendering of judgment in what has been widely regarded as the largest and most complex patent infringement case in Thai history. In this multijurisdictional case, our team not only secured a rare Anton Piller order to seize infringing goods, which enabled us to successfully prove infringement, but also formulated extensive strategies for protecting the validity of our client’s patent.
Defended a leading Thai manufacturer of wood protection materials against an allegation of trademark infringement (claims totaled USD 1 million).
Interviewed inventors and concerned parties to collect information for drafting patent and petty patent specifications. Determined novelty and inventive step through patent searches.
Drafted a patent specification for a client in the electronic-money industry.
Represented a leading producer of smartphones as its “point of contact” with all government authorities, which involved crafting an overall government relations strategy, establishing and cultivating relationships with officials, responding to government investigations, monitoring potential policy and regulatory developments, and seeking legislative and regulatory change on our client’s behalf. We have also structured appropriate and effective solutions to the business and legal challenges faced by our client.
Responded in a timely and effective manner to news that a variation of our client’s trade name and trademark would be used in a major concert and festival sponsored by parties in both the private and public sectors. With only two weeks’ notice, we immediately commenced negotiations at all levels with the appropriate government agencies and the organizer. Our prompt and diligent actions were effective. Prior to the event, the hosts changed the name and mark of the event, and all advertisements were removed and corrected.
Represented a food manufacturer in carrying out an international raid in Laos against trademark violations by local retailers, and coordinated with local authorities to carry out the raid, seize all counterfeit products, and destroy them.
Provided strategic planning advice on the holding and assignment of trademark owners for trademarks registered worldwide.

ABOUT Darani

Languages

Thai

English

Education

LLB, Ramkhamhaeng University

MSc, Thammasat University

BBA, Thammasat University

Insights

October 3, 2024

Practical Law: Intellectual Property Rights in Thailand 2024

Lawyers from Tilleke & Gibbins’ intellectual property team, under the guidance of Darani Vachanavuttivong, managing partner and managing director of the firm’s intellectual property department, have contributed an update to Thomson Reuters Practical Law’s Intellectual Property Rights in Thailand: Overview guide for 2024. This guide provides a comprehensive overview of intellectual property (IP) laws in Thailand, covering key areas such as patents, trademarks, copyright, trade secrets, and registered designs. It also addresses the enforcement of these rights, as well as the procedures for registering patents, trademarks, and other IP protections. The Thailand chapter outlines important aspects of IP law, including: The conditions and procedures for obtaining patents and registered designs, including the different types of patent protection available. Legal requirements for registering trademarks, including what constitutes a distinctive and legally protectable mark. The scope of copyright protection and the rights granted to creators of original works, including economic and moral rights. Protection of trade secrets and confidential information under the Trade Secrets Act, which safeguards valuable business information. This guide is a valuable resource for legal practitioners and businesses seeking to understand the nuances of Thailand’s IP landscape. To explore the latest version of Intellectual Property Rights in Thailand: Overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.

July 24, 2024

Practical Law: Intellectual Property Transactions in Thailand 2024

Intellectual property specialists from Tilleke & Gibbins in Thailand have contributed an updated Intellectual Property Transactions in Thailand overview for Thomson Reuters Practical Law, an online publication that provides comprehensive legal guides for jurisdictions worldwide. The Thailand overview was authored by Darani Vachanavuttivong, managing partner of Tilleke & Gibbins and managing director of the firm’s regional IP practice; Titikaan Ungbhakorn, senior associate and patent agent; and San Chaithiraphant, senior associate. The chapter delivers a high-level examination of critical aspects of IP law, including IP assignment and licensing, research and development collaborations, IP in mergers and acquisitions (M&A), securing loans with intellectual property rights, settlement agreements, employee-related IP issues, competition law, taxation, and non-tariff trade barriers. Key topics covered in the chapter include: IP assignment: Basis and formalities for assignments of patents, utility models, trademarks, copyright, design rights, trade secrets, confidential information, and domain names. IP licensing: Scope and formalities for licensing patents, utility models, trademarks, copyright, design rights, and trade secrets. Research and development collaborations: Management of improvements, derivatives, and joint ownership of IP. IP aspects of M&A: Due diligence and critical considerations during mergers and acquisitions. Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The Intellectual Property Transactions Global Guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the Intellectual Property Transactions in Thailand overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.

December 15, 2023

Lex Mundi Guide to Doing Business in Thailand 2023

As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2023. This guide outlines the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Country Guides series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource for planning international business strategy and researching new markets. The full Guide to Doing Business in Thailand is available through the button below.

October 19, 2022

Practical Law: Intellectual Property Transactions in Thailand 2022

Tilleke & Gibbins’ intellectual property team in Bangkok has provided the latest updates to the Thailand chapter of Practical Law’s Intellectual Property Transactions Global Guide, a high-level comparative overview of intellectual property (IP) laws and regulations in 36 jurisdictions worldwide. The Intellectual Property Transactions in Thailand chapter focuses on business-related aspects of IP, such as the value of intellectual assets in M&A transactions and the licensing of IP portfolios. The topics covered include the following: IP assignment and licensing: Basis/scope and formalities, trade secrets and confidentiality, main terms for assignment/licensing Research and development collaborations: Improvements and derivatives, joint ownership Conducting IP audits to determine the contents of an IP portfolio IP aspects of mergers and acquisitions: IP due diligence, warranties and indemnities, transfer of IP rights Lending and security interests over IP rights Settlement agreements in IP litigation Agreements regarding rights over IP created by employees and consultants Competition law and exploitation of IP rights Tax (e.g., for IP licensing) and nontariff trade barriers To read the full Intellectual Property Transactions in Thailand chapter, please visit the Practical Law website.

Awards & Rankings

October 22, 2024

Tilleke & Gibbins Honored at IAM/WTR Global IP Awards 2024

Tilleke & Gibbins was named the winner in two categories at the Global IP Awards 2024, held on October 17 in London: Cambodia IP Firm of the Year Thailand Trademark Firm of the Year The Global IP Awards, launched in 2019, are compiled based on extensive research done by Intellectual Asset Management (IAM) and the World Trademark Review (WTR) for their annual IAM Patent 1000 and WTR 1000 rankings, and recognize the world’s best intellectual property law firms in more than 70 countries and jurisdictions. The organizers note that “The winners are selected on the basis of a wide range of criteria relating to excellence, achievement, and market reputation, and serve as a testament to the outstanding work being undertaken by IP firms across the globe.” For more details on the awards, and to view a full list of this year’s winners, please visit the Global IP Awards 2024 website.

September 30, 2024

Tilleke & Gibbins Receives Top Honors at 2024 Managing IP and Asialaw Awards

At the joint Managing IP and Asialaw Awards on September 27, 2024, Tilleke & Gibbins was recognized with two significant firm-level honors. The firm was named Thailand Firm of the Year for the 13th time and Vietnam Firm of the Year for the 11th time. The awards, held at the JW Marriott Hotel in Kuala Lumpur, Malaysia, celebrated firms and individuals who have demonstrated exceptional legal expertise and client service across Asia. Tilleke & Gibbins’ continued recognition in both Thailand and Vietnam reflects the firm’s consistent ability to deliver quality legal services and its leadership in the intellectual property and commercial sectors. In addition to these firm awards, Charunun Sathitsuksomboon, partner in the Bangkok office, received the Thailand Female Lawyer of the Year award, acknowledging her significant contributions to the legal profession and her outstanding client work over the past year. More information on the winners of the Managing IP Asia-Pacific Awards can be found here, and a complete list of Asialaw Awards 2024 winners and nominees is available here.

September 13, 2024

Tilleke & Gibbins Retains Strong Rankings in IFLR1000 Asia-Pacific 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

September 12, 2024

Tilleke & Gibbins Recognized in Asialaw 2024 Rankings

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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