Meeting Regarding Trade Remedies Sub-Decree in Cambodia.
On 30th June 2023, attorney Vicheka Lay, partner of ILAW Cambodia Law Office, met with Cambodia’s secretary of commerce His Excellency Pich Rithi and his team, regarding the Sub-Decree on Anti-Dumping. This is part of the activity, as attorney Vicheka Lay is a national expert on trade remedies, funded by the Asian Development Bank (ADB).
The Seminar on the Enforcement of Competition Law & Related Regulations in Cambodia.
On 17th July 2023, attorney Vicheka Lay attended the seminar on the enforcement of competition law and related regulations, organized by the Genera Directorate of Consumer Protection, Competition and Fraud Combating. The seminar intended to promote the law on competition in general and other related regulations, including all procedures, related to business combination (merger & acquisition).
This event gave attorney Vicheka Lay the opportunities not only to delve into competition, merger and acquisition regulations, but only the opportunities to converse with relevant authorities and other lawyers of similar expertis
Participated as speakers on Copyright Law
On 16th June 2023, Thanapha Phetkeereeskul, and Thamolwan Insawang, IP Associates, represented the firm as speakers on the Thai Copyright Law and shared legal knowledge with one of media client in Thailand.
Participated as a speaker on Thai Importation to Myanmar and Cambodia Market seminar
On 8th June 2023, Our Managing Partner will be one of the speakers for the seminar session on the topic of “Thai Importation to Myanmar and Cambodia Market,” which will be hosted by LEO Global Logistics PCL.
Revocation of Notarized POAs for any IP-related matters in Lao PDR
In Brief
On June 26, 2023 the Department of Intellectual Property, Ministry of Industry and Commerce, issued a Notice of revocation the attachment of notarization for certifying the original power of attorney.
Key Takeaways
The Department of Intellectual Property (DIP) has informed that the notarization of attachment that was used to authenticate the initial power of attorney has been revoked as the DIP intends to facilitate and enhance the procedures on the submission of the application and required documents for registration. It also includes the filling of additional documents that are original and no longer requires a notarization for the power of attorney as following details:
Power of Attorney
Deed of Inventorship
Assignment
Licensing
Declaration of Change of Name and/or Address
The representative companies that require for submission of the original power of attorney must apply the regulation or law concerning the power of attorney and must be responsible for the authenticity power of attorney. The DIP will inquire or verify based on a case-by-case basis, if there are any suspicions.
Conclusion
As the new notice of revocation the attachment of notarization for certifying the original power of attorney, has been announced. The original versions of the accompanying documents mentioned above are no longer necessary for notarization.
However, the Applicant required to submit the original of POA to accompanying the registration.
This notice takes effect from June 26, 2023 onwards. We would like to inform you for acknowledgement and compliance. Should you need further information on Laos Intellectual Property law, please drop us a line at IP@ilawasia.com
2023 Asia IP Trademark Survey Rankings
We are honored to have been ranked Tier 2 in Trademark Contentious area of the Asia IP Trademark Survey Rankings 2023 in Thailand jurisdiction.
This ranking is based on feedback and recommendations from corporate counsel, intellectual property owners, and brand portfolio managers from around the region and the world, as well as submissions from law firms in the global/regional IP community.
ILAWASIA also handled all aspects of trademark portfolio management and trademark strategic consulting, including advice and handling trademark searches, trademark applications, and trademark prosecution in numerous countries around the global.
Furthermore, AsiaIP previously recognized ILAWASIA as Tier 2 in the Copyright Survey Rankings for 2022-2023, as well as Tier 2 in the Patent Contentious Rankings for 2022.
Announcement to New Myanmar Companies’ Registration
The Directorate of Investment and Company Administration (DICA) intends the companies to make a habit of complying with Myanmar Laws and in accordance with the legal requirements when conducting the business in Myanmar.
In order to verify whether the companies, directors and participants comply with relevant applicable laws and to support anti-money laundering and anti-terrorism financing procedures, according to section 97 of Myanmar Companies Law, a company must submit the following information when submitting the Annual Return that it is required to submit within two months after company incorporation.
| No. | Details |
|---|---|
| 1. | A bank account must be opened in the company’s name and evidence that the paid-up capital has been credited to the bank lists as shown in the Myanmar Companies Online (MyCo system). |
| 2. |
The Annual Return is required personal information of an individual who act as a director of the company.
|
| 3. | Recommendation from the relevant township police that the registered office address of the company mentioned in the MyCo system is actually located on the ground and the company is planning to open an office. |
| Remark (i) If a shareholder listed in the company’s registration is a natural person, it is required to submit the same evidences as mentioned in paragraph no.2; (ii) If a shareholder listed in the company’s registration is a legal person or legal entity, related company documents must be submitted as the evidence. |
|
Those who register a new company should fully comply with the above-mentioned points from the date of publication of this announcement which is 1st April 2023 and submit the Annual Return to company.dica@mifer.gov.mm.
Thereafter the Registrar will allow the submitting of the Annual Return that have to submit within 2 months after the company incorporation according to Myanmar Companies Law, section 97 and if there is no fully comply in relation to the submission of the Annual Return, further action will be taken according to Myanmar Companies Law, section 430 (d) as stated the register may give notice to the company that it intends to suspend the company’s registration, and such suspension will take effect within 28 days unless the company makes good the default including by the payment of any outstanding fees and prescribed penalties.
According to the above requirements from DICA, this can be concluded as following remark:
- The new investor is required more responsibility and requirements to incorporate a company in Myanmar than previous company registration system;
- The company’s office address must be an actual established address on the ground and the approval of the relevant department must be applied;
- If the director is a foreigner, the process of applying Form-C at the Immigration Department must be completed.
Therefore, the timeframe for the company’s incorporation should take longer than before.
We will certainly keep you apprised of any future developments in its regard. Should you need further information on Myanmar Companies Law, please drop us a line at corporate@ilawasia.com
Discover our Exhibition Booth at World Litigation Forum 2023
On May 23-24, 2023, Somphob Rodboon (Managing Partner); Vicheka Lay (Partner); Kridtaporn Sirisereephap (Senior Associate); Kanyamol Phupapiew (Senior Associate); and Nannapas Phatcharakeatkanok (Senior Associate), attended the World Litigation Forum 2023 as exhibitor and sponsor of an event, at the Chengal Ballroom of Crowne Plaza Changi Airport, Singapore.
We are honored to be a part of this global gathering of litigators, arbitrators, attorneys, legal professionals, and practitioners. Let us embrace the power of collaboration and work together to advance the art of litigation and dispute resolution.
d-law firm Membership
ILAWASIA CO., LTD. has been admitted to d-lawfirm Membership of the Digital Economy Promotion Agency (depa) of Thailand, effective April 30, 2023, to April 30, 2026.
This recognition is in accordance with the Notification of the Digital Economy Promotion Agency regarding the Criteria for the Qualifications of Agencies Applying for Registration of Legal Services Providers, dated March 3, 2023, in which our firm met all legal requirements.
Networking with Thai Startup
On May 23, 2023, Thanapha Phetkeereeskul, IP Senior Associate; and Thanaphorn Kaewsukko, Corporate Associate, attended Makers United 2023 by Thai Startup, a seminar and networking party, at the Major Cineplex Ratchayothin & Blu-O Rhythm & Bowl, in order to discover new business opportunities for SMEs and start-up industry.
