Thailand’s Office of Insurance Commission (OIC) recently announced two Notifications regarding Timeframe Standards for Service Level Agreements, for both life and non-life insurance companies. Under these notifications, every insurance company is required to set out clear and specific timeframes in its service level agreement (SLA) for at least the following activities: Providing information about life and non-life insurance and offering insurance policies; Underwriting and providing after-sales services; Paying compensation under the insurance policy; and Handling complaints. The timeframes described in the SLA must not exceed those specified in the insurance policy or by the relevant laws, and the SLA (which must be published on the insurer’s website) must be continually updated to reflect any changes in the timeframes. Insurance companies are required to disclose the standard timeframes for SLAs on their website by January 1, 2025, and notify the OIC through the channels and methods specified by the OIC. For more details on the OIC’s notifications on SLA timeframe standards, or on any aspect of insurance regulations in Thailand, please contact Athistha (Nop) Chitranukroh at [email protected], Witchupong Chittchang at [email protected], Ajaree Trachukul at [email protected], Thammapas Chanpanich at [email protected], or Sireethorn Wijan at [email protected].

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].

On October 28, 2024, Indonesia officially amended its existing Patent Law when the president ratified Law Number 65 of 2024. This comprehensive update—the third such amendment in the history of Indonesia’s Patent Law—introduces several key changes that will significantly impact patent protection and application processes in Indonesia. Key highlights and changes are outlined below. Definition of Invention The new law broadens the definition of “invention” to explicitly include systems, methods, and uses. Additionally, the law introduces formal definitions for traditional knowledge and genetic resources. Patentability Criteria Notable changes include: Computer programs are now excluded, with an exception for computer-implemented inventions. Theories and methods in science and mathematics are added to the list of excluded inventions. Previous restrictions on new uses of existing products are removed. Grace Periods The grace periods for some patent-related actions have been adjusted: The grace period for disclosures has been extended to 12 months (from 6 months previously), providing inventors with more flexibility in filing patent applications after initial disclosure. A newly introduced item is the grace period for a conventional patent application claiming priority rights, which is 4 months after the 12-month filing deadline under the Paris Convention. The grace period for annuity payments is 6 months (from 12 months previously) with a fine for late payments of 100% of the annual fee payable. Patent Holder Rights and Obligations Patent holders can now grant permissions to enforce patents. There is a new requirement for patent holders to submit annual statements on patent implementation in Indonesia. Compulsory Licensing Significant changes to compulsory licensing include: Establishment of licenses based on the principle of expediency. Limitations on license scope and transferability. Prioritization of domestic market needs. New provisions for technical improvements and economic significance. Government Patent Exploitation The new law contains specific provisions for the government’s implementation of patents related to the import and export of pharmaceutical products for the treatment of human diseases. Administrative Procedures There are a number of key

Kratom (Mitragyna speciosa) was once listed as a prohibited substance under the Narcotics Act. Kratom was then removed from the narcotics list in 2021 and is now regulated under the Kratom Plant Act B.E. 2565 (2022), which allows the trading, use, import, and export of kratom. Furthermore, the Ministry of Public Health has allowed the use of kratom in food and drink, food supplements, and herbal products. Anyone who wishes to launch kratom food or herbal products must first obtain a product license from the Thai Food and Drug Administration (FDA). On September 4, 2024, the Thai FDA announced guidelines specifically for powdered kratom leaves and kratom leaf extracts (using water or ethanol as solvents) as ingredients in food supplements. These guidelines aim to provide business operators with a clear framework for launching kratom-based food products in Thailand. Key points from these guidelines include: Raw material specifications and standards: Powdered kratom leaves and kratom leaf extracts must contain at least the prescribed amount of mitragynine (one of the primary active compounds in kratom) as a marker of quality. For example, mitragynine must account for at least 1% by mass for powdered kratom leaves. Food supplement specification and standards: Food supplements containing powdered kratom leaves or kratom leaf extracts must not have a dosage of over 0.2 mg/day of mitragynine (including 7-hydroxymitraglynine, which may occur naturally), or 1 mg/day for food supplements containing kratom extracts that use water as a solvent. Addition of 7-hydroxymitraglynine to food supplements is prohibited. Mitragynine content in food supplement products must not exceed the specified dosage limit. Additionally, the food supplement product must be in a ready-to-eat form (e.g., liquid, gel, tablet, or capsule). If powdered kratom leaves or kratom leaf extracts are to be used as ingredients in food categories other than food supplements, a safety assessment must be conducted

In Thailand, a business rehabilitation plan in court-supervised rehabilitation proceedings is a crucial element of the business rehabilitation process that outlines how a debtor’s assets will be managed. It also provides guidance for resolving a debtor’s business challenges so that the business can survive and continue to generate returns, increasing the likelihood that its creditors will be repaid. Key Plan Components The Bankruptcy Act B.E. 2483 sets forth the following components to be covered in a rehabilitation plan: The reasons for rehabilitation; Details about the debtor’s assets, liabilities, and other binding obligations at the time the court-ordered rehabilitation; Principles and methods of the rehabilitation; Redemption of collateral when there are secured creditors and guarantor liabilities; Ways to resolve problems arising from a temporary lack of liquidity during plan implementation; Action to be taken when a claim or debt is assigned; Name, qualifications, and letter of consent of the plan administrator, as well as information on compensation; Appointment and release of the plan administrator; Period in which the plan will be implemented (maximum of five years); and Refusal of the debtor’s assets or refusal of contractual rights if the debtor’s assets or contractual rights have obligations that exceed the benefits they yield. Considering the diverse nature and challenges of each debtor’s business, the details listed here are only general guidelines for what should be included in a rehabilitation plan. The planner has the flexibility to create a plan with different details or guidelines than those outlined above to best suit the nature and challenges of the debtor’s business. The planner can also omit some of the mentioned requirements if they are not relevant to the debtor’s business. Concerns of Relevance Court approval of the rehabilitation plan. Once the plan is approved by a meeting of the creditors, it is necessary to obtain approval from the court for the plan to become enforceable. To this end,

Thailand has released the set of principles that will form the official draft Platform Economy Act (PEA) for a public hearing period that runs until December 15, 2024. The PEA is likely to be positioned as a general or overarching law for digital intermediary services and digital platform service businesses. In January 2024, an early, unofficial version of the proposed law had been circulated among a limited group of operators in certain industries to get comments for the working group charged with the PEA’s development. Now, however, the proposed principles that will underpin the official draft PEA have been released publicly to gather comments, feedback, and suggestions from any interested stakeholders. The principles of the draft PEA cover two main areas: user protection and fair competition. The key details in these two areas are outlined below. User Protection The main regulator supervising the law’s user protection elements will be the Electronic Transactions Development Agency (ETDA). The draft PEA is expected to impose user protection obligations on service providers based on their nature, size, and risk level. The principles set out a three-tiered classification system for service providers that will be covered under the draft PEA, as detailed below, ordered from fewest obligations to most: Intermediary Service Provider: This describes a service provider acting as an intermediary between a sender and recipient of information on a computer network, the internet, or a telecommunications network. Service providers likely to fall under this category include cloud service providers and web hosting providers. Intermediary service providers may be further categorized into the following subtypes: Mere conduit service providers; Caching service providers; Hosting service providers; and Other service providers as prescribed in ministerial regulations. Online Platform: This refers to an intermediary service provider offering data storage services that connect various types of users to enable transactions or interactions between them, whether or not fees are charged. These

Trademark registration for marks composed of combinations of Roman letters and/or Arabic numerals has long been challenging in Thailand, particularly for those that are neither stylised nor pronounceable. There have been conflicting perspectives regarding the interpretation of “invented letter(s) and numeral(s)” under Section 7 of the Thai Trademark Act. The Department of Intellectual Property (DIP) has considered that letters and numerals must feature notable visual enhancements to be inherently distinctive, and “invented” must be in the form of stylisation, such as overlapping or interlocking letters, or intricate designs like traditional Thai oral patterns or geometric motifs. Some examples of acceptable letter and numeral marks according to the DIP The courts, however, have consistently recognised that three-letter marks, even when presented without stylisation, can be inherently distinctive. The rationale is that these marks, viewed as random and unusual combinations, can in many cases be distinguishable from common words and sufficient for the public to identify the associated goods/services, and distinguish them from others. Following Supreme Court precedents on registrability, the DIP officially updated its Examination Guidelines in January 2022 to recognise that combinations of three or more letters, even if not stylised or forming pronounceable words, can be deemed inherently distinctive. Challenges persist, however, for two-letter marks, which still face significant obstacles in achieving registrability. The JD case Background Beijing Jing Dong 360 Du E-Commerce, one of China’s largest e-commerce companies, led trademark applications for the marks JD.COM (and device) and JD.CO.TH (and device) for services in Class 35 related to advertising and business management: The registrar rejected the applications, citing insufficient stylisation of ‘JD’ and describing ‘.com’ and ‘.co.th’ as common descriptive terms. The applicant appealed to the Board of Trademarks, which upheld the refusal, echoing the registrar’s reasoning and asserting that the marks were devoid of inherent distinctiveness overall. Undeterred by the initial rejections, the