Saithong Rattana

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Associate

Biography

Saithong Rattana is an associate in Tilleke & Gibbins’ Vientiane office. She has experience in a broad range of corporate and commercial matters, such as company registration, legal due diligence, and agreement preparation, as well as advising on foreign investment, property, immigration, and government relations. She also assists clients with the full range of intellectual property matters, including trademark registration, renewals, and more.

Saithong is a qualified lawyer licensed by the Lao Ministry of Justice and is a member of the Lao Bar Association. She was appointed as a mediator with the Economic Dispute Resolution Center in 2019 and was among the first group of lawyers to be appointed as insolvency administrators in 2022, following the enactment of the Law on Rehabilitation and Bankruptcy of Enterprises. Based on her legal expertise, Saithong is ranked as a leading lawyer in Laos by IFLR 1000.

Prior to joining Tilleke & Gibbins, Saithong worked at an international law firm, where she assisted both domestic and international clients with different aspects of doing business in Laos. She is also familiar with the regulatory framework of the energy sector in Laos, having previously authored research papers on foreign investments in Lao hydropower and legal risk management in hydropower project contracting.

Saithong regularly contributes research to publications and initiatives such as the World Bank’s Women, Business and the Law reports, and she has participated in several regional forums on economic and trade development, with the aim of fostering business cooperation among investors in the region.

Experience

Advised international clients on corporate formation, business expansion, and relevant Lao laws and regulations.
Assisted a number of companies from Hong Kong and Japan in establishing Representative Offices (RO) in Laos, including preparing applications, liaising with authorities, obtaining RO certificates, etc.
Conducted legal due diligence for a leading Indian company seeking to purchase a wood factory in Laos, including advising the client on legal risks and the actual value of the target company.
Represented clients in arbitral proceedings before the Economic Dispute Resolution Center.
Successfully registered the trademarks of the subsidiary of a Hong Kong food services company in Laos.
Assisted expatriate workers from India, the Philippines, Sweden, and the United States in obtaining work permits and visas for employment in Laos.

ABOUT Saithong

Languages

Lao

English

Thai

Education

MPM, Yunnan University of Finance and Economics

BA, Sanaphay English College

BA, National University of Laos

Insights

May 28, 2024

Laos Issues Updated Law on Intellectual Property

On March 1, 2024, the Lao official gazette published the newly amended Law on Intellectual Property No. 50/NA, dated November 20, 2023 (the “2023 Law on IP”). The timing of this update is consistent with Laos’ history of providing regular revisions to the country’s IP legislation since the enactment of the first Law on Intellectual Property by the National Assembly in 2007 (the “2007 Law on IP”). These revisions include amendments in 2011, 2017, and now 2023. Prior to 2007, intellectual property (IP) protection was granted through decrees issued by the prime minister’s office for selected types of IP: trademarks, patents, petty patents, and industrial designs. The 2007 Law on IP marked a significant shift by introducing comprehensive legislation to protect industrial property rights, new plant varieties, copyright, and related rights. It laid the foundations for IP legislation in Laos, with the primary objectives of promoting and protecting intellectual creativity and attracting foreign investment. Since 2007, the enactment of new IP laws has not always entailed significant amendments to the existing IP framework; however, it frequently serves as an opportunity to introduce long-considered mechanisms. For example, the amended Law on Intellectual Property No. 38/NA, dated November 15, 2017 (“2017 Law on IP”) introduced, among other provisions, the possibility of opposition by a third party after the formal examination of a trademark application by the examiner. The 2023 Law on IP brought additional changes and updates to the IP regulatory landscape in Laos. Some of the most notable of these are highlighted below. Trademarks While Laos already introduced a new mechanism for online trademark registration in November 2023—about a month before enacting the 2023 Law on IP—the new law did introduce some noteworthy changes. Well-Known Marks The 2023 Law on IP appears to ease the burden of proof for establishing

March 22, 2023

Global Government Contracting: Cambodia, Laos, Myanmar, Vietnam

Attorneys from Tilleke & Gibbins have contributed the Cambodia, Laos, Myanmar, and Vietnam sections to DLA Piper’s Global Government Contracting Country by Country guide, which provides essential information for businesses in 75 jurisdictions on how to source and enter into government contracting opportunities. The guide provides procurement information for jurisdictions in Africa, the Americas, Asia-Pacific, Europe, and the Middle East, and includes information on how to find procurement opportunities, the structure of procurement laws, and in-country resources and relevant publications. Each jurisdictional section includes valuable information on procedures for government tenders, bidding, and contract execution, as well as an overview of the legal and regulatory framework governing government procurement. Businesses can refer to the guide to gain a better understanding of procurement processes and regulations in each jurisdiction, which can help them identify potential opportunities and make informed decisions when pursuing government contracts. The guide’s procurement information for Cambodia, Laos, Myanmar, and Vietnam, combined with the online platform’s comprehensive resources, provides businesses and governments with a valuable tool to navigate the complex regulatory landscape of government contracting in the region. The full Global Contracting Country-by-Country guide is available on the DLA Piper website.

November 14, 2022

Lao Customs Expands Border Measures to Protect IP Rights

Every country has its own customs measures in place to monitor goods crossing its borders. These measures are implemented by customs departments and other government agencies that facilitate international trade by checking shipments and collecting taxes on goods that enter and leave the country. Laos is one of the many countries that have sought to create a favorable environment for operators to export, transit, move, and store goods. In addition to tax collection duties, the Lao Customs Department also has measures to safeguard IP rights and prevent unfair competition, including protections against the infringement of trademarks and copyright—measures that have been in place since 2011. This year, Laos further improved its framework for enforcing IP rights through border measures against infringing goods. In February 2022, the government published new customs instructions that added industrial designs to the list of safeguarded IP rights for the Lao Customs Department. This means that an IP owner can now request the Lao Customs Department to take action on products infringing a protected industrial design under the customs border measures. Procedures The Lao Customs Department enables IP rights holders to protect their IP by allowing them to request the suspension of clearance for any goods imported, exported, or transiting in Laos on the grounds that a trademark, copyright, or industrial design is being or is likely to be infringed. To be eligible for this protection, IP rights holders must submit a request for a Declaration of Ownership to the Customs Department. Once approved, the application is forwarded to the provincial and capital customs offices to serve as a reference for officers inspecting goods crossing the Lao border. The Declaration of Ownership should be accompanied by the relevant written form for inspection and supervision of goods that are the subject of IP rights. Various other

February 25, 2022

Tilleke & Gibbins Lawyers Discuss Cosmetics Regulations in Cambodia, Laos and Myanmar and Parallel Importation

On February 24, Tilleke & Gibbins, in collaboration with the Thai Business Association of Myanmar and the Thai Business Association of the Lao PDR, delivered a Thai-language webinar titled “How to Export Cosmetics to Cambodia, Laos, and Myanmar, and Parallel Importation and Case Studies in Thailand.” The 90-minute session was led by a number of Tilleke & Gibbins’ regulatory affairs (RA) specialists: Atthachai Homhuan, director of the firm’s regulatory affairs (RA) group in Bangkok; Dino Santaniello, head of the Laos office; Ratchanee Sriplaek, RA consultant in Thailand; Saithong Rattana, associate in the Laos office; Thanathon Trakoolpolpruek, RA consultant in Thailand; and Yuwadee Thean-ngarm, director of the firm’s Myanmar office. Together, the speakers addressed the following issues: Compliance with cosmetics laws and regulations in Cambodia, Laos, and Myanmar; Regulatory requirements for product labels and advertisements; Best practices and success stories related to exporting beauty products; Avoiding double importation; and Relevant case studies from Thailand. A recording of the webinar (in Thai) is available on the Tilleke & Gibbins YouTube channel.

Awards & Rankings

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.

July 25, 2024

Tilleke & Gibbins Recognized for Energy Work by China Business Law Journal

Tilleke & Gibbins has been recognized as one of the leading international law firms for Chinese companies in the energy and natural resources sector at the China Business Law Awards 2024 from China Business Law Journal. The accolade highlights the firm’s position in this increasingly competitive industry and its commitment to providing top-tier legal services to Chinese energy companies active in Thailand. To determine the winners in each category, extensive research and evaluations were carried out to identify the top-performing firms. The journal’s in-house researchers reviewed law firm submissions, industry feedback, and endorsements from clients and industry professionals in narrowing the list of outstanding firms in various industry categories. The China Business Law Journal is a prestigious publication that recognizes and celebrates excellence in the legal industry in China. This award is a strong affirmation of Tilleke & Gibbins’ energy practice as a trusted advisor for Chinese companies active in the energy sector. To read more about the awards and browse a complete list of the China Business Law Awards 2024 winners, please visit the China Business Law Journal website.

July 19, 2024

Tilleke & Gibbins Nominated for Six Asialaw Awards 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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