Training on E-Commerce Regulations and Operation
On October 23, 2024, Mr.Lay Vicheka as Vice-President of Kampot-Kep Provincial Chamber of Commerce, assigned Miss. Um Makara participates in the training program “Skills in Setting Up E-commerce Stores for Small and Medium Enterprises.”
The Cambodia Chamber of Commerce, in collaboration with Codingate Technology, organized a two-day training course focusing on “Skills in Setting Up an Online Shopping Store (E-commerce)” aimed at all traders, merchants, and members who own small and medium enterprises. At the event, His Excellency Oknha Nguon Meng Tech, Director General of the Cambodia Chamber of Commerce, stated at the opening ceremony that the event is being held under the auspices of Oknha Kith Meng.
The primary objective of this training course, hosted by the Cambodia Chamber of Commerce, is to equip business owners with essential digital technology knowledge, enabling them to thrive in the e-commerce market. Participants will benefit from expert-led sessions covering key topics such as setting up an e-commerce shop, digital marketing strategies, target customer identification, and the utilization of various automation tools for business optimization in today’s rapidly evolving digital landscape.
Please note that the aforementioned program takes place over two days, from October 23 to October 24, 2024, at the Cambodia Chamber of Commerce, with participation from more than 70 traders, businesspeople, and members from various provinces.
タイ、国際商標登録に対する現地登録証の発行を開始
ニュース速報：
タイ、国際商標登録に対する現地登録証の発行を開始
タイが2017年にマドリッド議定書に加盟して以来、国際商標登録（IR）の手続きはよりスムーズになりました。しかし、タイ商標局（TMO）の技術的な問題により、タイを指定した国際商標登録に対するタイでの登録証の発行が遅れていました。この度、タイ商標局はこの問題を解決し、タイを指定した国際商標登録に対する登録証の発行を開始しました。これにより、公的な認証を待っていたブランド所有者にとって大きな進展となりました。
長年、タイ商標局は世界知的所有権機関（WIPO）による登録許可の声明に基づき、タイでの登録証を発行することを約束していましたが、商品およびサービスの仕様に関する暫定的拒絶通報が原因で遅延していました。2024年8月時点でタイ商標局は技術的な問題を解決し、同年9月初旬から登録書の発行を開始しています。
タイ商標局は、まず2017年および2018年に提出されていた申請から未処理案件を処理しています。暫定的拒絶通報を受けなかった国際商標登録については順次登録証が発行されています。この進展により、長らくタイでの公的な登録証を待っていたブランド所有者にとって朗報となります。
今後の進展
タイ商標局が未処理案件に取り組む中で、特に暫定的拒絶通報を受けた国際商標登録指定を含むポートフォリオについては再確認されることをお勧めします。この進展は、タイにおける商標登録手続きにおける重要な変化を示しており、国際的な商標出願者にとって、より明確で効率的な保護が提供されることになります。
ブランド所有者は、これらの変更について最新の情報を確認し、ポートフォリオに関するサポートが必要な場合はご連絡ください。
著者
- Somphob Rodboon, Managing Partner
- Thanapha Phetkeereeskul, Senior Associate
- Gensei Ohama, Attorney-at-Law
- Contact us at JapanDesk@ilawasia.com
Instructions on the Procedure for Business Dissolution Permanently under the Tax Laws
On 17 September 2024, the General Department of Taxation, under the Ministry of Economy and Finance, issued an instruction on the procedure for business dissolution permanently. According to Paragraph 2 of Article 203 of the Law on Taxation 2023, “businesses must inform the tax administration within 15 days if there are changes to their address, format, name, business objective, transfer, dissolution, management structure, or the person in charge of tax affairs of the enterprise.”
I. Procedure for Application for Business Dissolution Permanently
1.) Application:
Taxpayers can apply for business dissolution permanently with one of the following options:
- Option 1: File the application at www.registrationservices.gov.kh. (Taxpayers can find more about the guidelines in the booklet “How to apply for changes in registration of the company or enterprise’s information.”)
- Option 2: Apply to the tax administration by completing the application for business dissolution permanently (Form 103) and must be signed by the governor, manager, owner, or a representative with a legal authorization letter, with the required documents attached. Taxpayers choosing this option can apply:
- •By the Electronic Tax Administration (GDT e-Administration) program:
- Step 1: Download the e-tax administration software from www.tax.gov.kh, select the e-tax services, and set-up this software on the taxpayer’s computer.
- Step 2: Use your existing account to access other General Department of Taxation systems or programs. If you don’t have an account, click “Create a new account” to register.
- Step 3: Select the type of applicant as a taxpayer or tax service agent.
- Step 4: Click on the menu “Create a new administrative letter”, then enter the information of the applicant, enter the subject “business dissolution permanently” and select “General Department of Taxation.”
- Step 5: Attach the administrative letter as a PDF format, check and verify the information, re-enter any details if needed, and click ‘Send’ to submit it to the General Department of Taxation. Taxpayers can print a receipt to track their documents. The officer will review the application and email approval or rejection through GDT e-Administration.
- • Or apply directly at the General Department of Taxation or a provincial tax branch.
- •By the Electronic Tax Administration (GDT e-Administration) program:
After submitting the application, the taxpayer will receive an acceptance letter from the tax administration. For enterprises not yet registered for tax or lacking updated information, taxpayers must apply for tax registration or apply to update their enterprise information before they can apply for business dissolution permanently.
2.) Required Documents
- • A letter of notification on business dissolution permanently.
- • An application of business dissolution permanently. (An application form of 103 can be downloaded from the official website of the General Department of Taxation, www.tax.gov.kh)
- • A receipt of stamp duty on legal documents on the closure of the company for 1,000,000 (one million) Riels. (For companies registered with the competent ministry)
II. Obligation of Taxpayers to Apply for Business Dissolution Permanently
- 1.To apply for permanent business closure, the taxpayer must first complete the accounting records, submit the monthly tax returns, and file the annual income tax return by the business’s final closure date.
- 2.Once the tax administration receives the application of business dissolution permanently, the taxpayer no longer needs to file monthly or annual tax returns. The business’s electronic tax management systems or services will be shut down, except for tax payment and tax debt payment services. Tax certificates, such as tax patent, tax registration certificates, or VAT certificates, incentives, and/or other enterprise permits issued by the General Department of Taxation, will be suspended indefinitely. The business will also be unable to issue tax or regular invoices for any transactions, including imports and exports.
III. Penalties for Non-Compliance under Tax Laws
Failure to register with the tax administration or to update registration information after receiving more than two warning letters from the tax administration results in a penalty of 5,000,000 (five million) Riels. In cases of double jeopardy under this act, offenders shall be punished by imprisonment from 1 (one) month to 1 (one) year and a fine ranging from 50,000,000 (fifty million) Riels to 100,000,000 (one hundred million) Riels.
Conclusion
In conclusion, the General Department of Taxation has established clear steps and strict requirements for permanent business closure. Businesses must apply within 15 days, either online or directly, with necessary documentation. Once approved, tax responsibilities and certifications are indefinitely suspended, ending all business transactions. The tax administration may inspect and audit the business per the tax audit guidelines, requiring full cooperation from taxpayers. Non-compliance can lead to heavy penalties and imprisonment, stressing the importance of following these rules.
The Establishment of National Committee for Intellectual Property Rights (NCIPR)
Overview:
On October 27, 2021, the Royal Government of Cambodia issued Sub-Decree No. 206 អនក្រ.បក, establishing the National Committee for Intellectual Property Rights (NCIPR). The NCIPR promotes national IP policies, enhances cooperation among ministries, organizes educational programs, and enforces IP laws according to Cambodia’s international commitments. It can also receive technical assistance from national and international partners. Sub-Decree No. 142 អនក្រ.បក from September 18, 2008, regarding the National Committee for Intellectual Property Management, is now null and void.
Key Provisions:
1. Committee Composition:
- The National Committee for Intellectual Property Right (NCIPR) is chaired by the Minister of Commerce.
- The permanent vice-chair is a Secretary of State from the Ministry of Commerce, who is essential to the committee’s continued operations.
- Additional vice-chairs include a Secretary of State from the Ministry of Economy and Finance, Ministry of Culture and Fine Arts, Ministry of Industry, Science, Technology & Innovation
- The committee includes representatives from various ministries, including the Council of Ministers, Interior, Foreign Affairs, Agriculture, Education, Environment, Information, Justice, Telecommunications, Health, Tourism, Women’s Affairs, and Labor.
2. Roles and Responsibilities:
- Act as the main coordinator for international cooperation on intellectual property (IP) with countries and organizations.
- Support the drafting and enforcement of IP laws and compliance with international treaties.
- Promote strong enforcement of IP laws to prevent infringement, unfair competition, and rights violations, including those related to genetic resources and cultural practices.
- Work on implementing the Nagoya Protocol for fair distribution of benefits from genetic resources.
3. Governance:
The committee meets at least once a year, with members attending by the chairman’s invitation. If the chairman is absent, a vice-chairman may lead. Meeting procedures are set by internal regulations. The committee is supported by a secretariat in the Department of Intellectual Property under the Ministry of Commerce, led by its director and including vice-chairmen and technical officers from relevant ministries.
4. Budget and Funding:
The committee’s operational funds come from the national budget, as outlined in the Ministry of Commerce’s annual budget. To fulfil its mandates effectively, the committee may also accept and manage funds from international cooperation and other legal sources.
Conclusion:
The National Committee for Intellectual Property Rights (NCIPR) was established under international agreements and national policies to play a key role in protecting intellectual property in Cambodia. It strengthens the legal framework, fosters innovation and creativity, and supports economic growth. By safeguarding the rights of inventors, creators, and businesses, the NCIPR helps create a more competitive and prosperous in Cambodia.
Thailand has started Issuing Local Trademark Certificates for International Registrations (IR) Designating Thailand
Thailand has started Issuing Local Trademark Certificates for International Registrations (IR) Designating Thailand
Since Thailand joined the Madrid Protocol in 2017, the process for international trademark registrations (IR) has become more streamlined. However, a technical issue at the Thai Trade Mark Office (TMO) caused delays in issuing local registration certificates for IRs designating Thailand. The TMO has now resolved this issue and started issuing local registration certificates for IRs designating Thailand, marking an important development for brand owners who have been awaiting official confirmation.
For years, the TMO had committed to issuing local certificates following the World Intellectual Property Organization’s (WIPO) statement of grant but provisional refusals concerning goods and services specifications caused delays. The good news is that, as of August 2024, the TMO has resolved the technical issues, and the office began issuing certificates in early September 2024.
The TMO is now working through the backlog, starting with applications filed in 2017 and 2018. For IRs that did not face provisional refusals, certificates are being processed subsequently. This development provides long-awaited relief for brand owners waiting for their official registration certificates in Thailand.
Looking Forward
As the TMO works through the remaining backlog, brand owners are encouraged to review their portfolios, especially IR designations affected by provisional refusals. This step marks a positive shift in Thailand’s trademark registration process, offering greater clarity and efficiency for international trademark applicants seeking protection in the region.
We encourage brand owners to stay updated on these changes and reach out if they need support with their portfolios.
Authors
- Somphob Rodboon, Managing Partner
- Thanapha Phetkeereeskul, Senior Associate
New Amendment on the “2023 Law on IP” in Lao PDR
New Amendment on the “2023 Law on IP” in Lao PDR
On March 1, 2024, the Lao Official Gazette published the newly amended Law on Intellectual Property No. 50/NA, dated November 20, 2023 (the “2023 Law on IP”). This amendment introduces significant updates to Laos’ intellectual property framework, aiming to enhance IP protection and align with international standards.
To help you understand these important changes, we have prepared a comprehensive Q&A covering the key takeaways you should be aware of. This guide addresses the most critical updates in the 2023 Law on IP and their potential impact on businesses and IP owners operating in Laos.
Stay informed and make sure your IP strategy is aligned with the latest legal developments. Below are the key insights from the updated law:
What are the key differences between the 2023 Law on IP and previous amendments in 2017 and 2011, particularly in terms of trademark protection and enforcement?
Term of protection
The terms of trademark protection set out by the 2011 Law on IP provided that the term protection of trademarks shall be 10 years from the date of registration whilst the terms of trademark protection set out by the newly amended Law on Intellectual Property No. 50/NA, dated November 20, 2023 (the “2023 Law on IP”) is 10 years from the date of filing application for registration as same as the 2017 Law on IP.
Trade Name
Under the 2017 Law on Intellectual Property, registering a trade name, such as the name of a legal entity registered with the Ministry of Industry and Commerce (MOIC), was not mandatory for it to receive protection. However, the 2023 amendments introduce a new requirement: trade names must now be registered in order to secure protection against infringement by third parties.
Cancellation
The 2023 Law on Intellectual Property (IP) introduces two distinct procedures for the cancellation of IP assets. As with the 2017 Law on IP, third parties may file a request for cancellation with the Ministry of Industry and Commerce (MOIC) within five years of the registration’s publication in the official intellectual property gazette. Additionally, the new amendment explicitly allows for the cancellation of trademark, industrial design, or geographical indication registrations if they are deemed “incorrect” or made in “bad faith.” However, the MOIC assumes this authority without clearly defining these terms.
Regarding bad faith, both before and after the 2023 Law on IP, examiners have assessed the good faith of applications prior to registration, even though the legislation did not specifically authorize this. Now, under the 2023 Law, authorities are expressly empowered to evaluate bad faith after registration. This authority appears to rest with the Department of Intellectual Property, aiming to prevent Laos from becoming a haven for bad-faith applicants.
Well-Known Marks
The 2023 Law on Intellectual Property (IP) seems to reduce the burden of proof required to establish a mark as well-known. Under the 2017 Law on IP, several criteria were outlined for recognizing a trademark as well-known, which afforded protection in Laos even if the mark was not registered. One key criterion was that the goods or services associated with the mark had to be widely circulated “within the territory.” However, the term “within the territory” was not clearly defined, leading to ambiguity and potentially restricting a trademark’s ability to qualify as well-known, thereby limiting its protection within Laos.
Another criterion was that consumers in the country had to widely recognize and acknowledge the trademark’s reputation, but again, the phrase “within the country” was left open to interpretation.
The 2023 Law on IP removes the phrases “territory” and “country,” eliminating the uncertainty of whether the criteria applied exclusively to the Lao market. Now, evidence of widespread circulation, even globally, can be used to establish a trademark as well-known. Furthermore, examiners may consider additional criteria, though the 2023 law does not specify whether all criteria must be met or if only some are sufficient.
Infringement
The 2017 Law on IP provided the concepts and/or principles of an infringements of IP rights and the act of taking legal actions by introduced you to the Forms of Dispute Resolution: 1. Reconciliation; 2. Mediation; 3. Administrative remedies; 4. Remedy through Economic Dispute Resolution Committee; 5. Judicial actions to People’s Courts; 6. International dispute settlement. Under the newly amended Law on Intellectual Property No. 50/NA, dated November 20, 2023 (the “2023 Law on IP”) is still provides concepts and/or principles of an infringements of IP rights but it does not set out the principle for IP dispute resolution itself. However, there is the act of taking legal actions under the Ministerial Decision on Administrative remedies for Industrial Property and New Variety No. 0441/IC, March 30, 2023 (The “2023 Ministerial Decision Administrative remedies for Industrial Property and New Variety”). The 2023 Ministerial Decision Administrative remedies for Industrial Property and New Variety provided you the procedure for resolving the request regarding opposition, rejection, cancellation or elimination of the registration of industrial property and new plant varieties by the administrative dispute resolution committee.
Exhaustion of Rights
The 2023 Law on Intellectual Property (IP) introduces the concept of exhaustion of rights, marking a significant addition to Laos’ IP legal framework. The law indicates that once a product bearing a trademark is sold, the trademark owner’s rights are exhausted. This means the owner can no longer restrict the use or resale of the product, aligning with the international exhaustion of rights doctrine.
This addition may shed light on how local authorities view parallel imports. In the past, Laos has taken a lenient approach to parallel imports, although the legality of such imports has been ambiguous. Certain products, such as pharmaceuticals, vehicles, and medicines, which require a specific license from a licensor to a designated licensee, have seen more explicit legal frameworks. However, the overall legality of parallel imports has remained unclear.
How does the introduction of the exhaustion of rights concept in the 2023 Law on IP impact the legality of parallel imports in Laos, and what are the potential implications for local businesses and foreign investors?
In the past, Laos has allowed the parallel import and not been overly strict in prohibiting or regulating the practice of parallel importing, but their legality has been ambiguous. The 2023 Law on IP clarifies this by implementing the exhaustion of rights doctrine, which suggests that once a product is sold, the trademark owner loses control over its resale or further distribution. This aligns with international principles of “first sale doctrine” where the sale of a product exhausts the IP rights in that product. Consequently, parallel imports, particularly those involving genuine products that have been sold in another market, may now be legally permissible in Laos without the IP owner’s consent.
However, the law has not amended certain provisions that allow trademark owners to prevent third parties from using, selling, importing, or exporting goods bearing identical or similar marks. This creates a potential conflict with the exhaustion of rights concept, leaving some room for interpretation. For specific goods, such as pharmaceuticals or products requiring a licensor’s authorization, the legality of parallel imports remains uncertain due to these unamended provisions.
Local businesses that rely on importing branded goods for resale may benefit from the exhaustion of rights concept. They could potentially source products at lower costs from international markets without needing permission from the IP owners. This can improve competitiveness, offer price advantages, and increase product availability in the domestic market.
For foreign investors, particularly IP owners, the exhaustion of rights doctrine could pose challenges. It diminishes their ability to control the distribution channels and pricing of their products once they enter the market. This can undermine exclusive distribution agreements, disrupt brand strategy, and potentially harm brand reputation if imported goods do not meet the same quality standards as those sold through authorized channels.
The 2023 Law on IP now mandates the registration of trade names for legal protection. How will this change affect existing
businesses that have not yet registered their trade names, and what steps should they take to comply?
Businesses that have not registered their trade names may lose their ability to prevent others from using similar or identical trade names. Competitors or other parties could register similar trade names, potentially limiting a business’s ability to operate under its original name. Businesses should file for registration of their trade name with the Ministry of Industry and Commerce (MOIC) to secure legal protection.
With the 2023 Law on IP expanding copyright protection to include electronic works and extending the protection term for applied art, what challenges or opportunities do you foresee for artists and creators in Laos?
The 2023 Law on IP expanding copyright protection to include electronic works and extend the protection term for applied art from 25 to 30 years. This allows creators to enjoy their exclusive right for a longer period. They will more time to monetize their creations through licensing, sales, and royalties and other forms of commercialization.
With the expansion of copyright protection to electronic works, enforcement of rights could become more complex. Monitoring unauthorized use of digital works online may pose significant challenges for creators without adequate legal or technological resources.
How do the new provisions regarding bad faith applications in trademark and industrial design registrations address concerns about trademark squatting, and what further clarifications might be needed to ensure fair enforcement?
In 2023, the Ministry of Industry and Commerce provided the Ministerial Decision on Administrative remedies for Industrial Property and New Variety No. 0441/IC, March 30, 2023 (The “2023 Ministerial Decision Administrative remedies for Industrial Property and New Variety”).
In order to take legal action against the bad faith application, the applicant shall file the application requesting for consideration on opposition, rejection, cancellation or elimination of the registration of industrial property. The application will be considered and conducted by the administrative dispute resolution committee.
The applicant shall file the application against the bad faith trademark applications and industrial design registration at Department of Industry and Commerce of the Provincials and Vientiane Capital. Besides, the applicant can also file the application requesting for resolution on dispute of the industrial design registrations at Department of intellectual Property
The officer takes approximately 103 Days to proceed the case, after the consideration, if any parties do not agree with the result, they can the file application for appeal within 30 days from the date of issuance the Notice. If the authority found that the evidence is sufficient and reasonable, they will proceed to reconsider the application within 5 days.
By granting the MOIC the authority to cancel registrations after assessing bad faith post-registration, the law allows authorities to take corrective actions even after a trademark or industrial design has been registered. This is essential in combating trademark squatting, as many bad-faith registrations may not be immediately apparent during the application process. It provides a mechanism to invalidate squatted trademarks after they have been granted.
However, while the new amendment explicitly provides the possibility of cancelling trademark, industrial design, or geographical indication registrations that are deemed either “not correct” or made in bad faith, but fails to define these terms. Clarification may be needed to establish clear guidelines on what constitutes a “not correct” registration.
About Us
ILAW LAOS recently recognized as Tier 1 firm in Trademark Area of Lao PDR by AsiaIP Magazine; We will certainly keep you apprised of any future developments in its regard. Should you need further information on protecting trademarks in Laos both under the current practice and the new Law, please drop us a line at IP@ilawasia.com
速報：タイ国民向け不動産移転手数料の減免措置
出典
2024年4月9日、内閣は、不動産セクターを通じた景気刺激策を導入しました。この措置により、住宅建物の移転手数料が査定額の2％から0.01％に引き下げられました。本措置は2024年12月31日まで適用されます。この措置により、住宅取得や不動産取引を促進し、経済安全保障を強化するとともに、不動産セクターを通じた経済活動を活性化させることを目的としています。
キーポイント
不動産・マンションの権利・抵当権の登録料の減免
2024年4月9日に内閣が定めた基準及び住宅・商業用建物や土地に関する権利および法的取引に関する内務省の発表に基づき、移転手数料が引き下げられます。また、コンドミニアムについては、コンドミニアム法に基づく内務省の発表に基づき登録料が引き下げられます。これらの発表は2024年4月10日から同年12月31日まで有効です。主な内容は以下のとおりです。
対象となる不動産の種類
手数料の減免は、以下の特定の種類の土地および建物の移転および抵当権の設定にのみ適用されます。
・住宅または商業用建物（戸建て、連棟式住宅、タウンハウス、店舗、または住宅として使用される商業用施設を含む）
・住宅または商業用建物がある土地（戸建て、連棟式住宅、タウンハウス、店舗、または住宅として使用される商業用施設を含む）
・コンドミニアム法に基づくコンドミニアム（関連法に基づき法人として登録されているコンドミニアム内のユニットを含む）
対象となる者
買主は、タイ国籍の個人である必要があります。売主が個人か法人であるかどうかは問いません。
適用条件
購入の場合：査定額および契約額が700万バーツを超えないこと
抵当の場合：抵当額が契約ごとに700万バーツを超えないこと、かつ景気刺激策に基づく不動産購入と同時に抵当が登録されること
未登録の建物
土地に関する建物情報を土地局に登録または記録していない場合でも、地区事務所、町役場、または自治体から建築許可を取得している場合は、景気刺激策による登録料の減免を受けることができます。
結論
本措置は2024年12月31日で終了し、現時点で延長の予定はありません。
ILAWASIA Co., Ltdは、不動産取引および抵当権設定登録に関する経験を有しており、本措置に関するコンサルティングを行っております。当事務所のサービスは以下のとおりです。
・景気刺激策および関連法に準拠した不動産取引および抵当権設定のアドバイスと計画の提供
・書類の作成および不動産売買ないし抵当権の登録手続き
土地付き建物の購入、売却、抵当権設定、または不動産の移転を計画しているタイ国籍の個人の方やその取引に関与される方は、景気刺激策の恩恵を受けるために当事務所がサポートいたします。
本記事は情報提供のみを目的としており、法的アドバイスを与えるものではありません。
Event Attendance: Global Innovation Index 2024
On 26 September 2024, Dr. Pollawat Suppattarasaet, and IP team had a productive business meeting with Shenzhen Johnson Intellectual Property Agency, discussing future collaborations in intellectual property protection and legal innovation.
Somphob Rodboon, recognized as Trademark Star 2024 by Managing IP
Somphob Rodboon, Managing Partner of ILAWASIA Co., Ltd., has been recognized as a Trade Mark Star in 2024, as surveyed by IP Stars of Managing IP.
This prestigious recognition highlights his exceptional expertise and leadership in the field of intellectual property, particularly in trademark law. Somphob’s dedication to delivering high-quality legal services continues to strengthen ILAWASIA’s reputation as a leading law firm in Southeast Asia.
ILAWASIA Joins ICLA Network as Official Firm for Thailand Jurisdiction
ILAWASIA is pleased to announce its official listing as one of the network firms for the International Commercial Law Alliance (ICLA) in the Thailand jurisdiction. This significant development enhances our firm’s global reach and strengthens our ability to provide exceptional legal services in the region and global.
The inclusion of ILAWASIA in the ICLA network underscores our commitment to excellence and our strategic growth within the international legal community. Our firm’s expertise and dedication align seamlessly with ICLA’s mission to offer top-tier legal support across various jurisdictions.
For further details on our listing, please visit the ICLA Thailand Locations page at this link : https://icl-alliance.com/locations/asia/thailand/
ILAWASIA looks forward to leveraging this affiliation to deliver even greater value to our clients and contribute to the ongoing success of the ICLA network.
#ILCA #Collaboration
