Press Interview : ILAWASIA is expanding its base in Southeast Asia at a rapid pace - Why you can entrust it to us as a Thai law firm.

ThaiBiz magazine recently conducted an interview with Tanadee Pantumkomon, a partner at ILAWASIA, and Gensei Ohama, a Japanese attorney-at-law.

The discussion centered around ILAWASIA’s recent expansion, developments within the current year, and the firm’s approach to embracing new opportunities for the future. This insightful conversation sheds light on why ILAWASIA is trusted as a leading Thai law firm.

#ILAWASIA #ThaiBiz #LegalInsights

For more details at : https://th-biz.com/ilawasia-202405/


The 2024 Benchmark Litigation Rankings are revealed

The 2024 Benchmark Litigation Rankings are revealed

The 2024 Benchmark Litigation Rankings have been unveiled, showcasing the outstanding achievements of legal practitioners across the Asia-Pacific region following an extensive research process.

We are delighted to announce our placement in the Benchmark Litigation Asia-Pacific 2024 Rankings in the Commercial and Transactions category, where we have been ranked in Tier 3.

Additionally, we have received notable recognition in various other categories such as Government and Regulatory, Intellectual Property, and Trade and Customs.

These rankings not only highlight our firm’s expertise and capabilities but also provide valuable insights for users of the guide seeking the region’s top litigators and dispute resolution firms. We are proud to be acknowledged in these prestigious rankings and remain committed to delivering exceptional legal services to our clients.


Employment Law Guidelines 2024

In honor of International Labor Day, ILAWASIA is pleased to announce our collaboration with ADCO Law to present the Employment Law Guidelines specific to Thailand’s jurisdiction. These guidelines offer a comprehensive understanding of employment regulations across various jurisdictions, empowering businesses to navigate the complexities of international ventures efficiently.

Through strategic partnerships, ADCO Law has united with esteemed firms to provide comprehensive insights into employment regulations across select jurisdictions. Our esteemed partner, Tanadee Pantumkomon, along with Senior Associate Kridtaporn Sirisereephap, has contributed their expertise to these guidelines.

For more detailed information on each jurisdiction, we invite you to explore the following link: https://adcolaw.com/blog/thailand-employment-in-thailand-upholding-equity-and-compliance-for-a-stable-workforce


Thailand Law Firm Awards 2024

ILAWASIA has recently achieved a significant milestone by being recognized in the Thailand Law Firm Awards 2024 for the first time. This prestigious acknowledgment was bestowed upon us by the esteemed Asia Law Business Journal, specifically in the highly competitive Labour & Employment category.

This recognition reflects our commitment to excellence and our dedication to providing top-notch legal services to our clients in the field of labour and employment law. We are honored to receive this award and will continue to uphold the highest standards of professionalism and expertise in our legal practice.


Somphob Rodboon is granted the award of "Asia Pacific Legal Advisor"

Somphob Rodboon, Managing Partner of ILAWASIA is granted the award of Asia Pacific Legal Advisor, in recognition of his outstanding performance and dedication to business and industries in the Asia-Pacific region.

The Asia Pacific Business Awards recognize companies and organizations headquartered in the Asia-Pacific region, multinational corporations (MNCs) in APAC, entrepreneurs, CEOs, presidents, senior executives and advisors for their professionalism, performance and leadership in uncertain times.

This award not only recognizes companies and executives delivered outstanding performance, but also the ones who have made significant contributions to the industries and society. This award is not just about the accolades, it is about sharing and inspiring. The goal of this award is to share common traits of the excellent business practitioners, shining a light on these role models, and inspiring others to follow.


The 2024 Asia IP Copyright Survey Rankings

ILAWASIA has been recognized as a Tier 2 firm in Thailand for its exceptional copyright practice in the latest Asia IP 2024 Copyright Survey. This achievement marks the thirs consecutive term of success for our firm as a Tier 2 Copyright Firm in Thailand.

The survey’s results are derived from thorough research and feedback gathered from corporate counsel, key intellectual property owners, brand portfolio managers, and other esteemed members of the global/regional IP community.

ILAWASIA offers a comprehensive range of copyright services, including filing and recordal, licensing and transactions, enforcement, and litigation.


Career Achievement : Makara Um recognized as Lawyer Assistant.

ILAW Cambodia Law Office and ILAWASIA extend congratulations to Ms. UM, Makara for her official recognition as a Lawyer Assistant.

Ms. Makara’s identity card, numbered 5968 and issued on March 13, 2024, by the Bar Association of the Kingdom of Cambodia, enables her to assist Attorney Vicheka Lay in handling commercial and litigation matters in Cambodian courts.

Ms. Makara has been joined the firm since August 2023 and reported to Attorney Vicheka Lay, partner of ILAW Cambodia Law Office.


Career Achievement : Vicheka Lay appointed as Kampot-Kep Provincial Chamber of Commerce

We are pleased to announce that Attorney Vicheka Lay, a partner at ILAW Cambodia Law Office, has been appointed as an elected member of the Kampot-Kep Provincial Chamber of Commerce for the 1st Mandate, 2nd Time. This appointment is in accordance with Sub-Decree No. 836 ANKr.BK, dated 17th July 2023, which was signed by former Prime Minister Hun Sen. The Sub-Decree outlines the composition of the Chamber of Commerce, with Attorney Vicheka Lay being one of the 15 elected members.

We are proud of Attorney Vicheka Lay’s dedication and commitment to serving the business community in Kampot-Kep province. We believe that his expertise and experience will greatly contribute to the chamber’s initiatives and objectives.

Please join us in congratulating Attorney Vicheka Lay on this significant achievement.

#SuccessStories


Myanmar's Industrial Design Law Evolution: Empowering Innovation Through Registration

A. Introduction

After a long wait, Myanmar has finally begun accepting design registrations and has adopted the Industrial Design Rights Law, which provides a total 15-year term of rights, benefits, and protection to the registrants.

B. Background and Development on Myanmar’s Industrial Design Rights Law

On January 30, 2019, Myanmar passed the Industrial Design Law (“IDL”), set to take effect on October 31, 2023, marking a significant step forward in protecting intellectual property rights within the jurisdiction. The Industrial Design Law sets out the criteria for registrability, such as novelty both domestically and internationally, along with provisions for priority rights for applications filed in other member countries of the Paris Convention or World Trade Organization. IDL also outlines the duration of protection, enforcement mechanisms through civil and criminal actions, and the establishment of administrative bodies, notably the Intellectual Property Rights Courts, for other implementations in the future.

C. Eligibility criteria/Ineligibility criteria for industrial design registration

 

Industrial designs eligible for registration must adhere to the following criteria:

Industrial designs meeting the following criteria or conditions are not eligible for protection:

  • Any industrial design shall be protected if it is ‘new’ and independently created. It is crucial to note that it must be new and not previously disclosed or made public, either within Myanmar or abroad.
  • An industrial design is not considered new if it has been disclosed to the public inside or outside of the country through writing, use, publication, display, or any other means prior to the filing date of the application or the date of priority unless priority rights are claimed in the application for the registration of the industrial design in the State.
  • An industrial design that combines features of designs already known to the public or is not notably different from a design already known to the public shall not be considered new. Consequently, industrial designs previously recorded as Declarations of Ownership of Design (“DOO”) at the Registry of Deeds and Assurances cannot be re-registered under the IDL due to their lack of novelty.
  • Industrial designs that incorporate technical or functional inventions.
  • Industrial designs that infringe upon public peace and stability, dignity, belief, or culture of Myanmar.

 

D. Process Overview

Similar to procedures in other national jurisdictions, the acquisition of exclusive rights and subsequent protection commonly arises from the registration of industrial designs in Myanmar. Notably, on January 31, 2024, the Intellectual Property Department (IPD) of Myanmar announced its official commencement of accepting industrial design applications under the Industrial Design Law, effective February 1, 2024.

 

Documentation requirements

  • ID-I;
  • If there are more than one applicant, the information of other applicants must be submitted together;
  • ID-2;
  • The applicant is not in Myanmar, notarized ID-2 form must be submitted.
  • If the applicant is not the creator, attach the ID-Ia;
  • Representation of ID will be attached with A4;
  • If the applicant would like to apply right of priority claimed, the certified copy of the earlier application; (Myanmar language or English language)
  • If the applicant is not the same as the applicant in the earlier application, the applicant shall submit the documentary evidence of transfer of priority rights by the previous applicant to the Registrar together with the application;
  • If the applicant would like to apply right of priority of exhibition, evidence issued by the relevant authorities of the exhibition that the industrial design has actually been exhibited at the exhibition; (Myanmar language or English language)
  • Evidence shall be submitted for both of the date of the opening of the exhibition and the date of the first public display of the industrial design in the exhibition, if these dates differ;
  • Applicant who is not the first public exhibitor of industrial design at the exhibition shall submit to the registrar, along with the application, documentary evidence of the transfer of the priority right of exhibition;
  • The Bank Receipt which has been paid;
  • In case of application by more than one applicant, only one applicant shall sign on behalf of all the applicants and submit a certified true copy of the agreement between;
  • If applying as a legal entity, a true copy of the evidence must be attached that they have agreed to sign on behalf of the entity;
  • If applying as a legal entity, the scanned copy of incorporation certificate must be attached;
  • If the applicant uses the name or image of alive person in the industrial design, the consent of that person must be attached;
  • If the applicant uses the name or image of deceased person in the industrial design, the consent of his legal representative or heir must be attached;
  • A Photos/Drawings of the design in 7 different views including front, rear, left, right, top, bottom and perspective, and other supporting views such as cross-sectional or partly enlarged views (if available);
  • A Brief Claimed of Design in English;
  • Declaration of Ownership; (This document requires signing and notarization, containing comprehensive details of the design.)
  • A Power of Attorney; (This document requires signing and notarization.)
  • Both the Declaration of Ownership and Power of Attorney must be signed by the same individual, who is an authorized representative of the company. These documents are valid for a period of 03 months from the date of execution in their country of origin.

Examination process and timeline

The registration process involves a formality examination based on absolute grounds. If there is an opposition, the examination will be conducted based on relative grounds.

Duration and renewal of industrial design rights

The term of protection for a registered industrial design is 5 (five) years from the filing date of the registration of industrial design. This protection term can be renewed twice, each time for a duration of 5 (five) years, thereby providing a total protection period of 15 (fifteen) years.

 

E. Applications forms, and relevant official fees

According to Notification No. 71/2023 issued on October 27, 2023, followed by Notification No. 2/2023 on December 29, 2023, the Ministry of Commerce (MOC) of Myanmar has issued the required forms for filing industrial designs and announced the relevant official fees.

 

Form numbers

Details

Official fees
(MMK)

ID- 1

Application for an industrial design registration (per design)

120,000

ID- 1a

Statement of justifying the applicant's right to registration of industrial design

At no cost

ID- 2

Appointment of a representative

At no cost

ID- 3

Request for reinstatement of an industrial design application (per application)

65,000

ID- 4

Request for correction of an industrial design application (per application)

35,000

ID- 5

Request for withdrawal of an industrial design application

At no cost

ID- 6

Request for filing a divisional application (per application)

100,000

ID- 7

Opposition to registration of an industrial design (per design)

100,000

-

Request for recordation of an industrial design registration (per design)

100,000

ID- 8

Request for issuing a certified copy of a registration certificate (per application)

35,000

ID- 10

Request for amendment of registration of an industrial design (per application)

35,000

ID- 11

Request for renewal of an industrial design (per design)

220,000

ID- 12

Request for recording of transfer of the right of an industrial design (per design)

80,000

ID- 13

Request for recording a license of a registered industrial design (per design)

80,000

ID- 14

Request to cancel recordation of a license of a registered industrial design

At no cost

ID- 15

Request to invalidate a registered industrial design (per design)

150,000

ID- 16

Request to change a representative (per application)

20,000

ID- 17

Request for removal the representative

At no cost

ID- 18

Request for time extension (per application)

35,000

ID- 19

Application for an appeal (per design)

300,000

ID- 19a

Appointment of a representative for an appeal

At no cost

-

Request for deferment of publication for an international application (per design)

35,000

 

Conclusion

In summary, Myanmar's adoption of the Industrial Design Rights Law signifies a significant stride in safeguarding intellectual property within its borders. By outlining clear eligibility criteria, establishing a streamlined registration process, and setting reasonable official fees, the law fosters an environment where innovation and creativity can flourish. The focus on novelty guarantees that genuine design breakthroughs receive the essential protection, nurturing a culture of originality and ingenuity. As Myanmar increasingly integrates into the global economy, robust intellectual property laws become indispensable in attracting investment and propelling technological progress. Looking ahead, stakeholders must remain vigilant for updates and amendments to ensure the legal framework continues to bolster and empower innovators. For those navigating these changes, ILAWASIA is poised to offer expertise and support for your IP protection needs in Myanmar.

For further information on the evolution of industrial design protection in Myanmar or updates to Myanmar’s Intellectual Property Law, please contact ILAWASIA at ip@ilawasia.com.


ILAWASIA announces appointment of Dr. Pollawat Suppattarasaet, as Partner.

ILAWASIA announces appointment of Dr. Pollawat Suppattarasaet, as Partner.

[Bangkok, 5 March 2024] ILAWASIA is pleased to announce a significant addition to its leadership team with the appointment of Dr.Pollawat Suppattarasaet as an Intellectual Property (IP) Partner. This strategic move reinforces ILAWASIA’s commitment to excellence and innovation in the field.

Dr. Pollawat brings a wealth of experience and expertise in intellectual property law, making him an invaluable asset to the firm. With an impressive background in IP law, he is poised to contribute to ILAWASIA’s continued success and growth.

“We are thrilled to welcome Dr. Pollawat Suppattarasaet to our team as an IP Partner,” said Somphob Rodboon, Managing Partner. “His extensive knowledge and proven track record in the IP domain align seamlessly with our commitment to delivering top-notch legal services. Dr. Pollawat’s presence will undoubtedly strengthen our capabilities and enhance the value we provide to our clients.”

Dr. Pollawat Suppattarasaet holds Doctor of Public Administration Program, and LL.M. in International Law; certifies as Registered Patent Agent by the Department of Intellectual Property Department; appoints as Intellectual Property Committee of Eastern Science Park, Burapha University, appoints as Honorary Expert of National Innovation Agency, Ministry of Higher Education, Science, Research, and Innovation of Thailand; appoints as President of Legal Development and Assistance for SMEs Committee, The Federation Thai SMEs; and his previous experience includes trademark, industrial design, invention patent and copyright including prosecution, opposition, counterstatement, and appeal. His current practice is mainly focused on reviewing and advising clients on Trademark License Agreement, Non-disclosure Agreement (NDA), Confidentiality Agreement, Distribution Agreement, Co-Existence Agreement (for overseas cases) and other agreements concerning intellectual property as needed.

His deep understanding of the intricacies of intellectual property law positions him as a leader in navigating the evolving landscape of IP rights and protections.

“I am excited to join ILAWASIA and be a part of a team that is renowned for its dedication to legal excellence,” said Dr. Pollawat Suppattarasaet. “I look forward to contributing my skills and knowledge to further elevate the firm’s standing in the realm of intellectual property law.”

This appointment marks a significant milestone for ILAWASIA in 2024, solidifying its position as a leading player in the legal industry. The firm remains committed to attracting top talent and fostering an environment of continuous growth and success.