Our Cambodian Partner has been appointed as new panel (Overseas Arbitrator)
We are delighted to announce that Vicheka Lay, our Partner, has been appointed as the new panel (the 7th Cohort) of the 上海仲裁委员会 Shanghai Arbitration Commission (Overseas Arbitrator).
Congratulations to Vicheka Lay! This will be a significant contribution to the development and improvement of arbitration practice.
#SHAC #Arbitration #InternationalArbitration
Thailand promotes awareness-raising activities on respecting rights in intellectual property through the streaming platform.
On 18 February 2022, the Thai Department of Intellectual Property Director-General has informed that The Kingdom of Thailand and 20 Asia-Pacific Economic Cooperation (APEC) member countries are supporting to prescribe the measures to tackle the problem of copyright violation; and to aim to protect online contents that are in the face of streaming-service hacking and other kinds of infringements.
The Department of Intellectual Property of Thailand joined in pushing the issue at the APEC meeting to emphasize that Thailand is ready to develop the country's intellectual property system to keep up with trade and technology in the present era; and match the needs of entrepreneurs in all forms who are ready to support soft power policies that are beneficial to Thai entrepreneurs and Thai people in all aspects.
The meeting occurred after numerous hacking attacks of online streaming services and cases of illegal access to online content. The APEC members also discussed measures to prevent the production and sale of devices used in copyright violations of online content. Thai digital content industry has presently potential worth about 200 billion baht; and streaming activity is another channel to disseminate the work of the Thai digital content whether it's music, movies and Thai series as it is convenient, fast, and meets the needs of today's consumer behaviors.
Shortly, The Department of Intellectual Property will promote awareness-raising activities on respecting rights in intellectual property through streaming and the internet to the wider public.
Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co., Ltd.
ILAWASIA is ranked firm in tier 2 of the Asia IP Copyright Survey 2022.
It’s been another challenging year for everyone, but that has not stopped some exceptional IP-related work being done.
Based on feedback and recommendations received from corporate counsel, IP owners, brand portfolio managers from around the region and around the world, as well as submissions from law firms in the global/regional IP community.
We are delighted to achieve Tier 2 of the Asia IP Copyright Survey 2022 Ranked Firm.
All through the years, ILAWASIA has advised some of our clients to obtain all benefit of their copyright assets through registration and licensing, enforcing their copyrights where needed, and preventing infringement of the copyrights of others by recordal the copyright in the Thai Department of Intellectual Property online system.
We usually work with our clients to establish best practices for protecting, and using and litigate copyright cases in the areas of information technology, and consumer products, so you can be sure your IP rights are safe.
Exemption of Surcharge for Trademark Renewal and Patent Annual Fee for the year 2022
On 24 January 2022, Cabinet has approved Draft Ministerial Regulations in relation to the exemption of official surcharge fee of trademark and patent which the owner/holder will have to pay additional charges in case the trademark registration is not renewed and patent annual fee is not paid within the time stipulated by law. This aims to reduce the burden and to relieve the suffering economic effect caused by COVID-19.
| No. | Details | Exemption of Surcharge | Effective date |
|---|---|---|---|
| First Draft | Trademark, service mark, certification mark, and collective mark renewal fee | Exempts 20 percent of the surcharge for late filing of renewal in the grace period. | Effective from the day following the date of its publication in the Government Gazette until 30 September 2022. |
| Second Draft | Patent and petty patent annual fee | Exempts 30 percent of the surcharge for late payment of the patent/ petty patent annual fee in the grace period. |
Remark:
1. These two ministerial regulations have no effect on extending the application submission period and the payment of renewal/annual fees.
2. Trademark owner and patents and petty patents’ holder must submit renewal/ annual fee application form and the renewal/annual fee must be paid within the time specified by law.
Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co., Ltd.
ILAWASIA is currently a part of membership of Cambodia Business Council (CBC) in Thailand.
ILAWASIA is currently a part of membership of Cambodia Business Council (CBC) in Thailand.
This is an honour to be welcomed as new member. We are looking forward to working and collaborating with fellow committee members, professionals, investors, entrepreneurs, business corporations for the year 2022.
ILAWASIA is a legal consultant and business advisory in various areas such as commercial contract, legal protection, labor management, dispute resolution, as well as legal compliances and risk management under laws and regulations of two countries.
We believe that our identity would bring benefit to the business and industry; and strengthen and facilitate the business and trade across Cambodia and Thailand.
Donation in Support of the Prevention of COVID-19 for Thai Red Cross Chapters, Sakon Nakhon
ILAWASIA's Management and Executive, donated consumer goods, personal protective equipment (PPE), and 'IMEJI' hand soap, to Venerable Pra Ajarn Sikarint Pantitho of the Ming Mongkol Monk Residence, in support of the prevention of COVID-19 for medical personnel of The Thai Red Cross Chapters in Sakon Nakhon. In this regard, Ms. Jureerat Thepard, Provincial Governor of Sakon Nakhon, honoured as Guest of Honor.
This donation is part of the company’s ongoing contribution as corporate social responsibility to prevent the spread of the pandemic in society.
New move to prescribe infringed trademark and copyright products as prohibited products
The Cabinet has approved the Draft of Notification of Commerce Ministry Re: prescribes infringed trademark and copyright products as prohibited products to be exported, imported and prohibited to be brought through the Kingdom.
The new draft aims to update the law for practical usage to the current situation, facts, and relevant international laws and obligations, i.e., Agreements on Trade- Related Aspects of Intellectual Property Rights (TRIPS); and Regional Comprehensive Economic Partnership (RCEP). The draft also aims to uplift protection level of controlling on pirated protection policy at cross-border efficiently.
The essential terms are as follows.
1. To restrict infringing products as “Pirated products” that prohibited to be exported, imported and brought through the Kingdom, except in the case of carry-on items that are not unreasonably large and without commercial nature.
2. To assign the trademark owner or copyright owner to be able to report trademark or copyright information to a customs officer in accordance with the rules, procedures and conditions prescribed by the Customs Department, for the purpose of inspecting products with suspected trademark infringement or copyright infringement.
Moreover, the announcement of the Ministry of Commerce will come into force after 90 days from the date of its publication in the Government Gazette.
The cabinet will pass on committee to review the draft law for consideration and announce in the Government Gazette to be enacted when the draft has been passed by the public hearing session already.
Self-Declared Regime of Workplace Inspection via Automated System for Factories, Enterprises in the Textile, Garment, Footwear, Travelling Goods and Bag Sectors in Cambodia
In Brief
On 28th September 2021, Cambodia Ministry of Labor and Vocational Training issued the Notification No. 042/21 in relation to Testing Implementation of Self-Declared Regime of Workplace Inspection via Automated System for Factories, Enterprises in the Textile, Garment, Footwear, Travelling Goods and Bag Sectors.
The purpose is to modernize and digitalize workplace inspection regime, which normally is done by personal visit by inspector from the Ministry. This is a move to reduce the risk of spreading of COVID-19 in the factory and/or enterprise during the current situation.
Quick facts
³ Process: Labors of mentioned industries could undergo self-declared workplace inspection via this website: https://sicms.mlvt.gov.kh
³ Effective date: The regime is to begin from 30th November 2021 onwards.
³ Penalty: Any employers who fail to implement this Notification will be financially penalized, in accordance with the regulations in force.
³ Remark: The Ministry of Labor and Vocational Training will set up a Telegram Group, enabling employers to ask questions related to how to implement the system.
Should you have any further inquiries or require any assistance, please let us know.
Yours sincerely,
Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co.,
Vicheka Lay
Partner
Vicheka.Lay@ilawasia.com
ILAWASIA Co., Ltd.
Huyching Cheang
Associate
ILAWASIA Co., Ltd.
Long-term Resident Visa
On 14 September 2021, the cabinet had approved the economic stimulus and investment promotion packages including 'long-term resident visa' concept which aims to attract four group of overseas applicants. Benefits of the package include automatic work permit for applicants and also visas for their spouses and children; and same rate of income tax as Thai citizens.
The enactment of law on long-term resident visa, will be scheduled during December 2021 to March 2022. We will keep on monitoring the progress and update futher.
Donation in Support of the Prevention of COVID-19 for Songdao Hospital, Sakon Nakhon
ILAWASIA's Management and Executive, donated consumer goods, personal protective equipment (PPE), and 'IMEJI' hand soap, to Venerable Pra Ajarn Sikarint of the Ming Mongkol Monk Residence, in support of the prevention of COVID-19 for medical personnel of the Songdao Hospital in Sakon Nakhon.
This donation is part of the company’s ongoing contribution as corporate social responsibility to prevent the spread of the pandemic in society.
