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

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

August 7, 2024

Landmark Myanmar Competition Commission Decision Targets Deceptive Branding

A recent case at the Myanmar Competition Commission has set a significant precedent in the country’s approach to unfair competition practices. The case, involving a Thai manufacturer of cement grout and tile adhesive products and a local Myanmar producer, highlighted the Commission’s willingness to address issues of deceptive marketing and unfair competition. Background The case centered around a Thai manufacturer who has been distributing their cement grout and tile adhesive products in Myanmar for many years through local distribution agents. The company had established a well-known brand and a strong reputation for quality in the Myanmar market. In recent years, the Thai company discovered that a local individual in Myanmar was manufacturing and selling similar products with packaging nearly identical to their own. The local producer was using the same mark device, color, and packaging design themes, and the products contained deceptive information. Legal Proceedings After an initial cease-and-desist letter failed to resolve the issue, a complaint was submitted to the Myanmar Competition Commission. The case was notable because the Commission typically does not address issues of copying designs, marks, colors, or packaging themes. However, the complaint emphasized that the local individual was misleading customers and competing unfairly by using deceptive information and copying distinctive designs and themes. Lawyers from Tilleke & Gibbins, representing the Thai manufacturer, provided extensive documentation proving their client’s long-standing presence in the Myanmar market and the local individual’s deceptive practices. The Commission’s Investigation Committee conducted a thorough investigation, including market surveys and hearings involving both parties. Commission’s Decision After nearly a year of deliberation, on July 4, 2024, the Decision-Making Committee of the Myanmar Competition Commission ruled in favor of the Thai manufacturer. The decision required the local individual to: Immediately cease the production and distribution of cement grout and tile adhesive products bearing

June 6, 2024

Myanmar Tightens Requirements for Import Licenses Prior to Arrival of Goods

On May 30, 2024, the Department of Trade (DOT) under Myanmar’s Ministry of Commerce (MOC) issued two measures tightening restrictions on the arrival and storage of imported goods before the necessary import licenses are obtained. Newsletter No. 3/2024 declares that legal enforcement against goods arriving at ports without the requisite import licenses will commence on July 1, 2024, pursuant to the Export-Import Law, and Newsletter No. 2/2024 reduces the types of goods that may be stored in bonded warehouses without an import license. Arrival of Goods at Ports Pending Import Licenses In July 2020, the MOC had issued a notification outlining the regulations for the importation of goods requiring import licenses prior to their arrival at the ports. This notification stated that actions may be taken under the Export-Import Law against importers who deliver goods to ports before obtaining the necessary import licenses from the MOC. Subsequently, the MOC issued a similar warning to importers in 2022 and a more recent announcement dated April 5, 2024. Now with the issuance of Newsletter No. 3/2024, the DOT is preparing to strengthen its enforcement against goods arriving at ports without the necessary import license already having been obtained. Storage of Goods in Customs Warehouses In December 2023, the MOC issued Newsletter No. 16/2023, which permitted 14 categories of goods to be stored in bonded areas without an import license. However, the DOT’s Newsletter No. 2/2024 eliminated most of the items on that product list, leaving only four categories of goods: Medicines, Various electric vehicles and related accessories, Industrial raw materials and chemical raw materials for industry, and Food raw materials. This allowance is only applicable for bonded areas that comply with customs procedures for bonded warehouses. Newsletter No. 2/2024 takes effect on June 7, 2024. Starting on this date, the MOC

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 Recognized in 2024 ALB M&A Rankings for Thailand and Vietnam

Tilleke & Gibbins has once again been recognized in the 2024 Asian Legal Business M&A rankings, retaining its Tier 2 position for both Thailand and Vietnam. This marks the 11th consecutive year that the firm has been acknowledged in the publication, reflecting its sustained strength in the M&A market across the region. The magazine’s M&A rankings evaluate firms based on several key metrics, including the volume, complexity, and size of transactions handled, as well as the firm’s presence across Asia. The rankings also take into account key personnel hires and the overall growth of each practice group. The evaluation period for the 2024 edition spanned from August 2023 to July 2024. Tilleke & Gibbins’ representation in the Thailand and Vietnam rankings reflects the firm’s reputation for consistently strong support of corporate transactions across Southeast Asia. Asian Legal Business, owned by Thomson Reuters, is a leading source of information for legal professionals active in the region. To learn more about the M&A rankings, and to browse the full rankings, please see the Asian Legal Business 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

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