Yuwadee Thean-ngarm

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Partner and Director, Myanmar

Biography

Yuwadee Thean-ngarm is a partner and director of Tilleke & Gibbins’ Myanmar practice, having moved to oversee the firm’s Yangon office in 2013 after a decade as an attorney-at-law and litigator in the firm’s Bangkok office. She is recognized as a leading lawyer in Myanmar by IFLR 1000 and Asialaw Leading Lawyers, and in 2019 was named one of the brightest young lawyers in Asia in Asian Legal Business’ annual “Top 40 Under 40” list.

She advises clients on the full range of intellectual property and corporate and commercial matters under the fast-developing legal framework in Myanmar. With her deep understanding of the needs of international business in Myanmar, along with her broad practical experience overseeing legal work across virtually all practice areas, she assists her clients in developing strategies for corporate success in Myanmar.

In her corporate and commercial work, Yuwadee is especially active in advising foreign investors seeking to do business in Myanmar. She oversees a wide variety of matters, including business strategy and planning, company structuring and formation, law and legal updates, labor and employment, and tax. Yuwadee has extensive expertise in advising clients across diverse industries, such as banking and finance, chemicals, energy, logistics, manufacturing, service and trading, and telecommunications. On the intellectual property side, Yuwadee guides global and regional businesses in protecting their assets under the country’s new and still-developing regulatory framework for trademarks, patents, industrial designs, and copyright.

Yuwadee is also well known for promoting cross-border business in her role as the Vice President of the Thai Business Association of Myanmar (2022-2024). She is a formidable thought leadership contributor, providing legal expertise to World Bank research projects on investment, employment, and property in Myanmar, and is a frequent speaker in regional seminars and events on various corporate and commercial and intellectual property topics.

Besides her experience in Myanmar, Yuwadee is a member of the Thai Bar Association and the Lawyers Council of Thailand, with significant experience appearing before Thailand’s trademark registrar, Board of Trademarks, and Intellectual Property and International Trade Court (IP&IT Court).

Experience

Assisted a regional packaging company in company formation in Myanmar, including conducting land legal due diligence, advising on the establishment of a factory, obtaining necessary approvals and licenses, and advising on labor and employment matters.
Advised a subsidiary of Thailand’s largest cement company in developing port facilities for private use in cement operations, including preparing agreements, structuring terms and conditions, and obtaining the Myanmar Port Authority’s approval for the deal.
Advised one of the world’s largest social network companies on Myanmar Wi-Fi and telecommunications laws and regulations as part of the client’s plans for the establishment of a subsidiary in the country.
Advised an international development organization on labor laws, employment agreements, office policy manual, tax, and banking and accounting reports for their company’s establishment in Myanmar.
Represented a leading providing of offshore ship and shipyard services in establishing a technical services and engineering company in Myanmar, including assisting with company formation, advising on environmental regulations and operational issues, and obtaining necessary permits.
Assisted a regional medical information services provider in setting up a medical information management and research company in Myanmar, including advising on laws and regulations for offering consulting and information services, market research and support services, and publicizing of medical information.
Protected the intellectual property rights of a famous drug company in regard to an osteoporosis drug product passed off by another pharmaceutical company. The Supreme Court ordered the cancellation of the infringing party’s mark.
Represented a top Italian fashion brand in a civil action against the Department of Intellectual Property at the IP&IT Court to appeal the Board of Trademarks’ refusal of our client’s trademark applications. The Court withdrew the Board’s decision and accepted our client’s trademarks for registration.
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.
Represented a multinational pharmaceutical company in patent infringement litigation against a local generic company. Managed a major pharmaceutical-related patent during a trial on patent infringement.

ABOUT Yuwadee

Languages

Thai

English

Education

MA, Chulalongkorn University

LLB, Thammasat University

Insights

December 4, 2024

Myanmar Grants First Trademark Registration Certificates under New Trademark Law

On December 1, 2024, Myanmar’s Intellectual Property Department (IPD) issued the first group of trademark certificates of registration for marks registered under the Trademark Law of 2019. This is the first registration announcement since the start of the IPD’s soft opening period in 2020. With the registration of marks now in place, registered owners will benefit from stronger legal protections. These protections include the exclusive right to prevent unauthorized use of identical or similar marks by third parties and the ability to take enforcement and administrative actions. Myanmar’s implementation of the “first-to-file” system further emphasizes the importance of early registration. Marks registered at an early stage will be in a stronger position when filing oppositions against subsequent applications for identical or confusingly similar marks. The IPD issues certificates of registration in an electronic format to owners who have filed their applications via the IPD’s online filing system. For applicants who submitted their marks via physical applications, the IPD will issue physical certificates of registration. The initial registration term for a mark is 10 years from the filing date and is renewable for additional periods of 10 years each time. The IPD publicly discloses the details of marks registered under Myanmar’s Trademark Law via their official website. The IPD’s issuance of mark registrations under the Trademark Law of 2019 is a decisive step forward in intellectual property protection in Myanmar. It enhances legal safeguards for mark owners and any other authorized persons, and affirms Myanmar’s commitment to aligning its practices with global standards. For more information on protecting intellectual property rights in Myanmar, please contact Tilleke & Gibbins at [email protected].

December 4, 2024

Thailand Legal Basics

Thailand Legal Basics, a valuable primer for foreign investors, explores all aspects of living and doing business in Thailand. Written by specialists at Tilleke & Gibbins in Bangkok, it is the only comprehensive English-language guide to the Thai legal system with a focus on the concerns of foreign business and investment.

November 4, 2024

Myanmar Starts Accepting Patent and Utility Model Applications

On October 31, 2024, Myanmar’s Intellectual Property Department (IPD) announced that it would officially start accepting applications for patent and utility model registration under the Patent Law, effective immediately. Contained in IPD Announcement No. 14/2024, this significant development opens new avenues for securing patent and utility model rights in the country. Myanmar’s Patent Law (Pyidaungsu Hluttaw Law No. 7/2019) was enacted on March 11, 2019, providing a framework for the protection of inventions related to products and processes. This is the first legislation specifically addressing the protection of patents in Myanmar’s history. The Patent Law took effect on May 31, 2024, under State Administration Council Notification No. 106/2024. To implement this new framework, the Ministry of Commerce (MOC) promulgated the Patent Rules under Notification No. 43/2024 on June 4, 2024, detailing the requirements and procedures for patent- and utility model-related matters. Subsequently, the MOC specified the official forms to be used for filing of patent- and utility model-related matters under Notification No. 54/2024 on July 19, 2024. On October 22, 2024, the Intellectual Property Agency announced the official fees, including annuity fees, for patents and utility models under Notification No. 2/2024. Applicants (both individuals and legal entities) can now file to register new patents and utility models with the IPD electronically, in person (directly or through a local representative), or by post. To be patented, an invention must: Not have been disclosed to the public anywhere by any means before the filing date or priority date (if claimed); Involve an inventive step; and Be capable of use in any industry. As for utility model registration, the requirements are the same, except an inventive step is not necessary. This milestone marks a pivotal moment for innovators and investors looking to protect their inventions in Myanmar. All stakeholders are encouraged to

August 20, 2024

New Enforcement Procedures for Myanmar’s Tax Administration Law

Following the enactment of the Tax Administration Law (TAL), Myanmar’s Ministry of Planning and Finance has issued Notification No. 44/2024, which outlines directives and procedures for addressing violations of tax law provisions. These procedures, which came into force on June 13, 2024, primarily focus on three key areas: tax evasion, impeding tax administration, and failure to preserve secrecy. The notification primarily aims to address tax evasion, impeding tax administration, and failure to preserve secrecy, classifying these offenses as either subject to arrest without warrant or not. Notably, tax evasion is classified as an offense subject to arrest without warrant, while impeding tax administration and failure to preserve secrecy are not. The notification also prescribed the forms for notifying taxpayers before taking any action. Tax Evasion Tax evasion refers to a taxpayer who willfully evades the assessment, payment, or collection of tax. Penalties for such offenses include fines of MMK 250,000 (approx. USD 120) or 100% of the evaded tax (whichever is greater), imprisonment for up to seven years, or both. The enforcement process for tax evasion requires the chief officer of the township revenue department or an officer in charge (the tax authority) to assess the relevant documents and information provided by the taxpayer. If a taxpayer is found to be evading tax, the tax authority must send a notice in the prescribed form for verification within 15 days. Taxpayers may apply for a one-time extension of 15 days to submit requested documents and make disclosures. If the taxpayer cannot fulfill the requirements as instructed, the tax authority will seek approval from the director general of the Internal Revenue Department (IRD) for criminal proceedings as cognizable offences. Impeding Tax Administration and Failure to Preserve Secrecy Impeding tax administration refers to obstruction or attempted obstruction of taxation staff or officers

Awards & Rankings

December 13, 2024

Chambers Asia-Pacific 2025: Tilleke & Gibbins Extends Streak of Exceptional Rankings

The recently released 2025 edition of Chambers Asia-Pacific gives Tilleke & Gibbins high marks across all the firm’s jurisdictions in Southeast Asia. In addition to the exceptional practice-area rankings, individual practitioners from the firm’s offices across the region received a total of 34 individual rankings.

November 26, 2024

Tilleke & Gibbins Recognized Among Asia’s Fastest-Growing Firms

Tilleke & Gibbins has been named to the Asian Legal Business (ALB) Fast 30: Asia’s Fastest Growing Firms 2024. The ranking highlights law firms across Asia that have demonstrated significant growth and leadership in a competitive and evolving legal landscape. Selection for the ALB Fast 30 is based on metrics such as growth in fee-earners, new office openings, the addition of key partners and clients, revenue increases, and other measures of expansion. This is the second time Tilleke & Gibbins has been included on the list, having previously earned recognition in 2022. The Fast 30 ranking complements ALB’s annual Top 50 Largest Law Firms feature, which evaluates firms by total lawyer headcount. While not included among the region’s largest firms, Tilleke & Gibbins continues to be prominently ranked by ALB for its presence in Thailand and Vietnam. For more about the ALB Fast 30 and to see a full list of the Asia’s fastest growing law firms, please see the November 2024 issue of ALB.

November 18, 2024

Tilleke & Gibbins Regional IP Practice Earns Six Honors at Asia IP Awards 2024

Tilleke & Gibbins has been recognized with six awards at the Asia IP Awards 2024, which took place in Manila on November 17. The firm’s regional intellectual property practice was honored for its excellence in multiple jurisdictions and categories, including the prestigious title of Asia Pacific Patent Firm of the Year. The awards also highlighted Tilleke & Gibbins’ achievements in specific jurisdictions: Cambodia: Patents Indonesia: Patent Prosecution Laos: Intellectual Property Thailand: Patent Contentious Vietnam: Copyright The Asia IP Awards celebrate top-performing IP practices across the Asia-Pacific region, with winners selected through an extensive polling process of more than 5,000 in-house counsel from Asia, Europe, and the Americas conducted during early 2024. For more information on the Asia IP Awards 2024 and to browse a full list of the winners, please visit the Asia IP website.

November 11, 2024

Tilleke & Gibbins Wins Thailand Country Award at 2024 Lexology Index Awards

Tilleke & Gibbins is pleased to announce that the firm has been honored with the Thailand Country Award at the 2024 Lexology Index Awards in London. This marks the ninth consecutive year that the firm has received this prestigious recognition, underscoring its consistent excellence and leadership in the Thai legal market.

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