Wongrat Ratanaprayul

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Partner and Director, Indonesia

Biography

Wongrat Ratanaprayul is a partner and director of Tilleke & Gibbins’ Indonesia operations, based in Jakarta. She is recognized as a leading practitioner in Indonesia by IAM Patent 1000 and WTR 1000, and in 2023 she was named to Managing Intellectual Property’s list of the Top 250 Women in IP globally. She advises clients on all aspects of IP prosecution in Indonesia, as well as in multiple jurisdictions throughout Southeast Asia, to ensure efficient and effective IP portfolio management. Wongrat’s practice benefits from her exceptional breadth of expertise and her international reach.

Wongrat is a particularly adept patent practitioner, and is much sought-after in highly technical fields including biotechnology, pharmaceuticals, automotive, electronics, and computer-related technology. She regularly interviews inventors to derive information pertinent to drafting patent applications in life sciences and consumer products; provides opinions on freedom-to-operate analyses; routinely conducts patent and design searches; and provides clients with clear and practical patent portfolio management strategies to protect their interests.

Wongrat also oversees the firm’s regulatory affairs practice in Indonesia, serving clients in pharmaceuticals, food, cosmetics, and related industries with respect to product registration and compliance. In addition, she supervises the preparation of trademark applications, registrations, and renewals, and coordinates enforcement strategies to protect brand owners’ interests.

Prior to attending law school, Wongrat worked at Keck Graduate Institute, where she focused her research on proteomics. During her graduate study in biotechnology, she specialized in bioinformatics and annotated mouse genes present on pancreas cDNA.

Before moving to head up the firm’s Indonesia office, Wongrat worked as an attorney-at-law in the firm’s head office in Bangkok for several years. Wongrat is admitted to the bar in Connecticut and Massachusetts and is qualified as a Thai patent agent.

Experience

Advised a subsidiary of Thailand’s largest oil and gas company on its multi-jurisdictional patent portfolio in the field of catalysts, across several countries in Asia, Europe, and the United States. The legal services provided included pre-filing strategy, claims reviews, and patent portfolio audits.
Retained to advise one of the world’s largest chemical manufacturers on the management of their entire patent portfolio in Indonesia, from registration to enforcement.
Advising on Indonesia international cooperation schemes, such as the ASEAN Post Examination Cooperation (ASPEC) system, introduced in 2017, and the Japan Patent Office/Directorate of Intellectual Property Rights Patent Prosecution Highway.
Advising an international confectionary manufacturer on their regulatory and labeling requirements.
Advising a major global automotive industry client on drafting their unusually technical suite of patent applications in Indonesia.
Advised on a portfolio of over 1,500 industrial designs, copyrights, and trademarks for a global jewelry designer and manufacturer.
Protecting a global theatre company’s rights against a copyright infringer holding unauthorized productions of their internationally renowned musical.
Protecting a global fertilizer company’s rights against the misuse of their intellectual assets by a former licensee, following the termination of the license.

ABOUT Wongrat

Languages

Thai

English

Education

JD, University of Connecticut School of Law

Master of Biotechnology, University of Pennsylvania

BSc, State University of New York at Stony Brook

Insights

September 26, 2024

Indonesia Issues New Franchise Regulation

Indonesia enacted a new franchise regulation, Government Regulation No. 35 of 2024 on Franchising (“GR 35/2024”), on September 2, 2024. Franchising in Indonesia was previously governed by Government Regulation No. 42 of 2007 on Franchising (“GR 42/2007”), along with an implementing regulation, Ministry of Trade Regulation No. 71 of 2019 regarding Implementation of Franchising (“MOT Regulation 71/2019”). This new regulation repeals GR 42/2007. However, MOT Regulation No. 71/2019 remains in effect until a new MOT regulation can be enacted. The new franchise regulation contains several amendments and provides more detailed requirements to complement MOT Regulation No. 71/2019. Comparison of GR 35/2024 to GR 42/2007 Minimum years of business operation. The new regulation reduces the minimum duration that a franchise registration applicant must have been operating from five years to three years. Intellectual property (IP) status. Any relevant IP must now be registered before a franchise registration application can be submitted. This is a change from the previous regulations, under which it was possible to obtain a franchise registration (STPW) while an IP application was still pending, and if the IP application could not be registered, the STPW would be canceled. Registration requirements for foreign franchisors. Under the new regulation, foreign franchisors must provide a legalized or apostilled business permit document from the country of origin in addition to the previously required franchise offering prospectus and statement letter from the relevant Indonesian authority. Administrative sanctions. The new regulation has adjusted the three escalating stages of administrative sanctions to (1) two warning letters, (2) a 14-day suspension from business activities, and (3) STPW revocation. This varies from the three stages under the previous regulation (three warning letters, fine, and STPW revocation). The new regulation also expands the list of noncompliant actions that are subject to these administrative sanctions. In addition to

September 9, 2024

Regional Guide to Franchising Law in Southeast Asia

The popularity of the franchise business model has been growing rapidly in Southeast Asia in recent years, with some of the world’s top brands becoming common sights in the commercial districts and shopping malls of major regional cities in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam. While for most countries in this part of the world, franchising has not been explicitly mentioned in legislation, well prepared franchise business operations can comfortably adapt to each country’s regulatory framework, and the growth is poised to continue even as the global retail sector redesigns and redoubles its efforts in the wake of the COVID-19 outbreak. In fact, the franchise business model, which is both global and hyper-local at once, is one of the most promising solutions that entrepreneurs are turning to in their quest to overcome the challenges of the new economic reality. The Regional Guide to Franchising Law in Southeast Asia provides key, up-to-date insights into the legal frameworks regulating franchise operations in these Southeast Asian countries, and helps brand owners understand the most relevant laws, authorities, and procedures for their business. Some of the essential topics covered for each jurisdiction include considerations in negotiating and designing franchise agreements, protecting intellectual property rights, and important information on judicial and arbitral procedures should a dispute arise between franchisor and franchisee. Practitioners from Tilleke & Gibbins’ offices in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam contributed to guide—not only by providing legal expertise on the laws and mechanisms applicable in each jurisdiction, but also by examining strategies for establishing and running resilient franchise operations in Southeast Asia. The full guide can be accessed as a PDF through the button below.

March 22, 2024

Indonesia Requires Textile and Footwear Importers to Submit Trademark Certificates

Indonesia’s Ministry of Industry (MOI) has issued a new regulation requiring importers of textiles, textile products, bags, and footwear to furnish applicable trademark certificates when applying for an import permit. This means that a letter of appointment to import from the trademark owner or authorized representative is no longer sufficient to obtain an import permit for these goods. The requirement is detailed in MOI Regulation No. 5 of 2024 concerning Procedures for Issuing Technical Considerations for Imports of Textiles, Textile Products, Bags and Footwear, which took effect on March 10, 2024. Affected Products The new regulation applies to the following products: Textiles: Fiber, thread, fabric Textile products: Carpets, other textile floor coverings, clothing, ready-made clothing accessories, other finished textile goods Bags: Suitcases, wallets, school bags, sports bags, handbags, other bags Footwear: Shoes, sandals, moccasins Import Permits In principle, businesses can import textiles, textile products, bags, and footwear as raw materials, auxiliary materials, or consumer goods (for trading) after obtaining the appropriate import permit from the Ministry of Trade (MOT). There are three categories of import permits: General import permits for consumption (API-U), which are required for parties that conduct import activities for the purpose of trading; Import permits for producers (API-P); and Import permits for suppliers of raw or auxiliary materials (PPBB). Applicants for an import permit must submit an application for general importer verification (VIU), the results of which will inform the MOI’s technical consideration process. If the MOI issues a recommendation or approval based on their technical consideration, applicants will be able to proceed with the submission of their import permit to the MOT. The process of applying for and obtaining an API-U import permit has several steps, as shown in the diagram below. New Trademark Certificate Requirement Under the MOI’s March 2024 regulation, when applying for

January 9, 2024

Tilleke & Gibbins Appoints Two New Partners in Thailand and Indonesia

Leading full-service Southeast Asian law firm Tilleke & Gibbins is pleased to announce the promotion of two outstanding lawyers to the firm’s partnership. Nopparat Lalitkomon leads the firm’s data privacy and cybersecurity practice in Thailand and Vietnam. His expertise in technology, media, and telecommunications has earned him recognition as a “Rising Star” by The Legal 500 Asia-Pacific and as an “Up and Coming” lawyer by Chambers Asia-Pacific. Nopparat is a trusted advisor to domestic and multinational companies alike, advising clients across industries on a wide range of tech-focused matters in Southeast Asia, including cybersecurity, data protection, e-commerce, e-payments, e-transactions, fintech, gaming, and insurtech. He also advises clients on general corporate and commercial matters, including banking, direct marketing, foreign direct investment, investment incentives, labor and employment, M&A, and joint ventures. Nopparat hold degrees from Thammasat University and the University of Glasgow, and is a member of the Thai Bar Association. Wongrat Ratanaprayul is the director of Tilleke & Gibbins’ Indonesia operations, based in Jakarta. Wongrat is recognized as a leading practitioner in Indonesia by IAM Patent 1000 and WTR 1000, and in 2023 she was named to Managing Intellectual Property’s list of the Top 250 Women in IP globally. She advises clients on all aspects of IP prosecution in Indonesia, as well as in multiple jurisdictions throughout Southeast Asia, to ensure efficient and effective IP portfolio management. Wongrat’s practice benefits from her exceptional breadth of expertise and her international reach. Wongrat is a particularly adept patent practitioner, and is much sought-after in highly technical fields including biotechnology, pharmaceuticals, automotive, electronics, and computer-related technology. She is also a leader in regional pharmaceutical patent litigation. Furthermore, Wongrat oversees the firm’s regulatory affairs practice in Indonesia, serving clients in pharmaceuticals, food, cosmetics, and related industries with respect to product registration and compliance. Wongrat

Awards & Rankings

October 31, 2024

Tilleke & Gibbins Named Medical and Healthcare Firm of the Year at ALB Indonesia Law Awards 2024

Tilleke & Gibbins has been recognized as the Medical and Healthcare Firm of the Year at the 11th Annual Asian Legal Business (ALB) Indonesia Law Awards, held on October 24, 2024, at the Pullman Jakarta Indonesia Thamrin. This award celebrates Tilleke & Gibbins’ strength in serving life sciences clients in Indonesia, and is the firm’s first win in the ALB Indonesia Law awards. The ALB Indonesia Law Awards honor exceptional work from private practitioners and in-house teams across Indonesia and the region, celebrating excellence in legal practice and innovation. For more information on the awards, and to browse a full list of the winners, please see the ALB website.

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 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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