On May 23, 2022, the Public Limited Companies Act (No. 4) B.E. 2565 (2022) was approved and published in the Government Gazette. The updated law amends the previous version of the Public Limited Companies Act by formally allowing board of directors (BOD) and shareholders’ meetings to be held electronically, and amending corporate approval processes for public limited companies. The new act came into effect the day after its publication, but full implementation of certain amendments will only become practical after the issuance of various related subrules and subregulations. The key elements of the new act are described below. Electronic Dissemination of Company Notices and Advertisements Under the previous version of the Public Limited Companies Act, required company notices, statements, and advertisements had to be published in a local newspaper where the company is located, for at least three consecutive days. However, the amended act allows such notices, statements, and advertisements to be sent via electronic means, though the process must comply with subregulations to be issued by the Department of Business Development (DBD). Electronic Delivery Options for Documents The amended act allows public limited company notices or documents to be sent to company directors, shareholders, or creditors electronically instead of by registered mail, as long as the recipients have consented to receive such documents via electronic means. Electronic delivery of documents must comply with subregulations to be issued by the DBD. Additional Individuals Authorized to Call BOD Meetings In keeping with the previous version of the law, the amended act grants the chairperson of the BOD the authority to call a board meeting, and allows any two directors to jointly request that the chairperson call a meeting, in which case the chairperson must call the meeting within 14 days. The amended act further stipulates that if the chairperson does not call the meeting in accordance with the

Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) entered into force in full on June 1, 2022. The PDPA, which contains similarities to the EU’s General Data Protection Regulation (GDPR) introduces obligations and restrictions relating to the collection, use, and disclosure of personal data in Thailand. While the new law applies to franchisors and franchisees in the same way that it applies to other businesses, there are a number of issues that are of specific importance in franchise businesses. As franchisors and franchisees have the power and duty to make decisions concerning the collection, use, and disclosure of customers’ and employees’ personal data in the course of their operations, they are considered “data controllers” under the PDPA. The Trade Competition Commission of Thailand, via its Notification on the Guidelines for the Consideration of Unfair Trade Practices in Franchise Businesses issued under the Trade Competition Act B.E. 2560 (2017), defines a franchise relationship as one which, among others, involves an element of control by the franchisor over the business operations of the franchisee. It follows then that in some situations, franchisees’ collection, use, and disclosure of personal data will be according to the instructions of their franchisors. In such circumstances, a franchisee will be considered a “data processor” under the PDPA. Whether acting as data controllers or data processors, franchisors and franchisees must nonetheless comply with the requirements of the PDPA in the course of their operations. To ensure their activities are in compliance with the law, franchise businesses should consider five major actions: 1. Auditing existing data collection and retention practices Whether operating online or via a brick and mortar shop, it is increasingly common for franchise businesses to store and process customers’ personal data. This may include the storage and transmission of credit card information for auto-billing systems, or the

The Indonesian government has launched a number of strategic initiatives aimed at getting the country removed from the Priority Watch List in the US Trade Representative’s annual Special 301 Report on Intellectual Property Protection. In trying to leave behind this ignominious status—which has been stubbornly persistent for over 30 years—Indonesia’s Directorate General of Intellectual Property (DGIP) is leading an IP Operations Task Force consisting of five ministries and agencies, including the National Agency of Drug and Food Control (BPOM), Customs, the State Police, and the Ministry of Communications and Information (MOCI). According to statistics from the task force, 554 infringement cases were handled by the police and the IP Office in 2019–2021, with trademark infringement and copyright infringement being most prevalent. Year on year, the number of trademark infringement cases increased from 90 in 2020 to 137 in 2021, while copyright infringement cases over the same period decreased slightly, from 42 to 38. While the cases occurring in physical markets remain high, the battleground has now expanded to online platforms and social media. Indonesia has embraced digital technology with enthusiasm, and the country’s citizens are among the world’s most avid users of e-commerce, social media, and other mobile apps. Research from Google, Temasek, and Bain & Company indicates sizable growth in Indonesia’s digital economy, from USD 47 billion in 2020 to USD 70 billion in 2021—a digital marketplace that now includes more than 158 million e-commerce customers. Separately, the MOCI reported suspension of 1,745 websites and other infringing online content from 2017 to 2019. Meanwhile, the DGIP banned hundreds of problematic e-commerce portals related to trademark infringement during 2019. There is no official report on recent online infringement cases; however, the numbers are predicted to rise in tandem with the increasing use of online platforms. Aside from these enforcement actions, authorities in Indonesia

TV game shows play an important role in the Vietnamese entertainment industry, as in the global market. Many well-known game shows from other countries have been franchised or licensed for broadcast in Vietnam, including Who Wants to Be a Millionaire?, Vietnam’s Got Talent, and The Voice, drawing large audiences and generating billions of VND from commercialized activities. Other popular shows have been developed domestically—some wholly original, but many bearing a heavy resemblance to existing shows from other markets, with similar gameplay, similar sets, and even similar names. This raises an interesting question from the intellectual property perspective as to whether owners or creators of game shows can charge these copycat shows with infringement. In other words, are format rights recognized as a copyright and can a game show be protected under intellectual property law? Globally, this is a question without a clear and explicit answer. The Format Recognition and Protection Association (FRAPA), a trade association formed in 2000 to advocate recognition of television formats as intellectual property, strongly believes that format rights are protectable and has been working to convince courts and lawmakers around the world to define these rights under law. However, recognition of format rights is still very limited, and is often determined on a case-by-case basis. A common argument from legal experts is that because the format of a game show is only composed of ideas, which are not protected by law, it cannot be the subject of copyright (for reference, Green v Broadcasting Corporation of New Zealand in 1989). However, others argue that if the format of a game show is an intellectual creation and contains key elements which have unique originality, and it is not just a combination of general and commonplace elements, it can be protected under copyright law (for reference, Meakin v BBC [2010] EWHC

The Thailand Research and Innovation Utilization Promotion Act B.E. 2564 (2021) (TRIUP Act), which is also referred to as the Thai Bayh-Dole Act, came into force on May 7, 2022. The enactment of the TRIUP Act is a culmination of years of deliberation by the Thai government and various stakeholders, and is modeled after the success of the adoption of the Bayh-Dole Act in other jurisdictions, such as the United States, Japan, and Korea. Under existing intellectual property laws in Thailand, patentable inventions are owned by the employer, hirer, or commissioning party by default, unless they explicitly agree to a different arrangement with the inventor. Public research organizations and government agencies in Thailand have always had their own institutional policies addressing the ownership, management, and exploitation of intellectual property rights. While certain government funding agencies may co-own such intellectual property rights with the relevant research institutes, some have adopted a more restrictive approach by retaining full ownership of any intellectual property rights arising from research and development efforts carried out using their funds. Instead of allowing the inventors to have full ownership rights over their inventions, these funding agencies would grant them a license instead. The promulgation of the TRIUP Act changes this. Under this new law, inventions made with the government’s funding belong to their inventors (e.g., universities and research institutes). Overview The TRIUP Act requires fund recipients and researchers (usually represented by their employing institution) who wish to own their research or innovation results to disclose them to the funding government agency or organization within a specified period, and to notify the funding party of their intention of ownership together with a commercialization plan. If a fund recipient or researcher fails to do so, the research or innovation results will belong to the funding party instead. The funding government agency or

On April 4, 2022, Myanmar’s State Administration Council (SAC) established the Foreign Exchange Supervisory Committee (FESC) to approve foreign currency conversion, make exemptions to foreign exchange restrictions, and permit overseas foreign currency transfers. The formation of the FESC was made official with the May 13, 2022, publication of the SAC’s Order 28/2022 in the Government Gazette, which appointed six individuals to the new committee. The FESC is the focal body tasked with implementing Myanmar’s recently adopted policy of requiring conversion of foreign currency transfers and balances to local currency. Since the policy was instituted in April 2022, the Central Bank of Myanmar issued further clarifications and instructions for banks authorized to handle foreign currency, responded to concerns from foreign investors by exempting certain foreign investment projects from the conversion requirement, and relaxed the currency conversion requirements for trade at the Chinese and Thai borders. The FESC supervises the flow of foreign currencies for domestic and foreign investment, manufacturing, exports and imports, and service businesses (including education- and health-related initiatives). The FESC is specifically responsible for considering and approving the use of foreign currency for the following: Importation of machinery, vehicles, equipment, and raw materials needed for the foreign investment and manufacturing; Importation of fuels, medicines, cooking oils, fertilizers, insecticides, and construction materials that are not available in the domestic market; Myanmar citizens’ social matters, such as going abroad for purposes of medical treatment, education, or religious activities; Importation of general goods, repayment of loan and interest payments to lenders in foreign countries, service payments, and repatriation of profits from investments; and Imports of various luxury products (e.g., brand-name goods, jewelry, sport cars, watches, etc.). The FESC will also perform other duties relating to foreign exchange management as assigned by the SAC. For more details on these foreign exchange developments, or on any aspect of financial regulations in Myanmar,

The presence of counterfeit goods in the Indonesian market is a stubbornly persistent challenge that has plagued the country for many years. The United States Trade Representative’s Special 301 Report, which is issued each year to assess intellectual property (IP) protection regimes around the world, has listed Indonesia on its “Priority Watch List” 23 times and on the “Watch List” 10 times. The 2021 report included the recommendation that Indonesia develop a specialized IP unit under the Indonesian National Police to focus on investigating domestic criminal syndicates behind counterfeiting and piracy. The police’s Special Crime Unit already handles IP matters and has been operating since long before 2021, but that year Indonesia also established its new IP Enforcement Task Force, which aims to improve intragovernmental coordination on enforcement. However, IP enforcement remains challenging in Indonesia. The police and the Directorate General of Intellectual Property (DGIP) handled 346 total IP enforcement cases from 2020 through early 2022. While it is positive to see some enforcement activity, this is a rather low number, considering that the Indonesian market and its population are very large—and that counterfeiting is a widespread and persistent problem. Shopping for a Solution One way Indonesia’s Trademark Office is trying to address the country’s repeated problems with counterfeiting and piracy is by introducing a certification system for shopping centers and malls based on their support for intellectual property rights and standards. The certificates are intended to guarantee that the establishment hosts sellers of genuine products. Both physical markets—such as Pasar Tanah Abang and Mangga Dua, two known markets for counterfeit goods—and online shopping venues are eligible to obtain a certificate. Specifically, this includes department stores, shopping streets, supermarkets, social media, online marketplaces, and crowdsourcing websites that digitally collects information, ideas, opinions, or work from a group of people. However, the certification procedure

Following the positive response to the recent Central Bank of Myanmar (CBM) announcement on the exemption of certain foreign direct investment (FDI) projects from the foreign currency conversion requirements, the CBM issued a further exemption on April 26, 2022, for exporters and importers conducting trade at the China-Myanmar or Thailand-Myanmar border. The CBM’s directive (No. 7/2022) extends the currency conversion (THB-MMK or CNY-MMK) deadline to one month, meaning that foreign currency obtained from border trade with Thailand or China no longer has to be converted into Myanmar kyat (MMK) within one day. After export earnings flow into an exporter’s account at an AD bank (i.e., a bank licensed to deal in foreign currency), the exporter can use the foreign currency as desired or sell it to the bank at the official exchange rate within one month. After one month, any unused balance remaining will be sold to the bank. Hence, banks are authorized to directly transact in the foreign currency (i.e., CNY-MMK or THB-MMK) of exporters and importers conducting border trade at the China-Myanmar and Thailand-Myanmar borders. Designated banks may carry out foreign currency settlement for imports without seeking approval from the Foreign Exchange Supervisory Committee. Export earnings, on the other hand, are to be scrutinized by AD banks to ensure that these earnings are deposited into the relevant exporter’s bank account in Myanmar in compliance with stipulations under the Foreign Exchange Management Law and its related regulations. Foreign currency transactions conducted under the China-Myanmar and Thailand-Myanmar border trade programs must be reported to the Foreign Exchange Management Department via the Border Trade Module of the department’s electronic reporting system. The day after issuing the above directive, the CBM issued a separate press release warning relevant parties to strictly comply with the Foreign Exchange Management Law and its related regulations. In particular, holders of