Tilleke & Gibbins

The Myanmar Customs Department (MCD) organised another Intellectual Property Awareness and Product Identification Workshop at its Customs Training School in Yangon on August 6 2020, for its frontline customs officers. Such workshops are held several times every year, serving as a platform for foreign brand owners and their local representatives to educate and update the enforcement officers on methods for differentiating their genuine products from counterfeits and imitations when inspecting suspicious shipments at ports of entry into the country. The training sessions are also useful in encouraging collaborative discourse between the private and public sectors to improve the efficiency of their joint intellectual property rights enforcement efforts.

With many employees in Thailand working outside their company's normal IT security fence, their increased use of their own computers and devices instead of those in their offices with standard or enhanced security mechanisms has made it more challenging for employers to control access to key business information. In the rush to set up a fully or partially remote workforce, most companies have had little time to establish work-from-home guidelines on protection of their valuable intangible assets like trade secrets and confidential business information. The need for sufficient internal guidelines on copying files to USB drives, emailing files to personal accounts, and uploading to cloud storage is already widely recognised, but who could have imagined the need for rules precluding sharing proprietary information over Zoom, Skype, Webex, and such programs?

Are importers and distributors responsible for patent infringement related to the products they import and distribute? This seemingly simple question has still only been partially answered in Vietnam, when the Superior People's Court of Ho Chi Minh City rendered a judgment on July 28 2020 sending a case back to the first-instance court for a retrial.

Almost a year and a half after Myanmar enacted the Trademark Law 2019 on January 30 2019, the same question still lingers in the minds of many brand owners and attorneys: "When will the Trademark Law come into force?"

While Vietnam, like the rest of the world, has been focusing on fighting the COVID-19 pandemic, the Vietnamese courts have quietly recorded new milestones in the judgment of patent cases. One of those milestones came on March 12 2020, in a decision on appeal settlement issued by the Superior People's Court of Ho Chi Minh City against a provincial court's decision on suspension of a patent case.

Traditional IP enforcement measures are sometimes ill-equipped to deal with the rapidly evolving nature of internet resources in the digital era. Thailand has been responding to the exponential rise of online IP infringement on a rolling basis – most recently in 2017 when it amended the Computer Crime Act (CCA) to give IP owners the option of blocking websites that post IP-infringing content. This is set out in Section 20(3) of the law.