ILAWASIA Provides Cambodia Jurisdictional Insights to the Guide on the Treatment of Insolvent Micro and Small Enterprises in Asia

On May 10, 2022, the Asian Business Law Institute and the International Insolvency Institute jointly released the Guide on the Treatment of Insolvent Micro and Small Enterprises in Asia ("Guide") as part of their Asian Principles of Business Restructuring Project.

The Guide identifies five key principles for more immediate adoption by jurisdictions as building blocks of a well-functioning micro and small enterprise insolvency framework, and six aspirational principles that should ideally be considered and adopted by jurisdictions over the longer term to provide micro and small enterprises with a more comprehensive legal and institutional environment to deal with financial distress. This tiered approach, unique among all current literature, is designed by considering the extreme diversity of institutional development of Asian jurisdictions and with the hope of assisting policymakers better digest the recommendations made in this Guide.

The Guide was produced with input from experts from Asia-pacific jurisdictions including Australia, Brunei, Cambodia, China, Hong Kong Special Administrative Region of China, India, Indonesia, Japan, Malaysia, Singapore, South Korea, Thailand and Vietnam, as well as those from Canada, Germany, Italy, the Netherlands, United Kingdom and United States. International organisations like INSOL International, the United Nations Commission on International Trade Law and the World Bank were also involved in consultation.

Our partner Vicheka Lay provided input from the Cambodia perspective for the Guide.

The full Guide can be read at https://payhip.com/b/bkW12


ILAWASIA Co.,Ltd. (Thailand office) is ranked in various tiers in the Asia IP Profiles 2021.

ILAWASIA Co.,Ltd. (Thailand office) is ranked in various tiers in the Asia IP Profiles 2021.

Tier 2: Copyright
Tier 2: Trademark Prosecution
Tier 3: Trademark Contentious
Tier 3: Patent Prosecution
Tier 3: Patent Contentious

Based on feedback and recommendations received from corporate counsel, IP owners, brand portfolio managers from around the region and around the world.

"Founder and managing partner Somphob Rodboon is engaging, thorough and creative in his search for solutions, whether the problem lies in IP, corporate and commercial or other aspects of business law. The firm has branch offices in Vientiane, Phnom Penh and Yangon," AsiaIP complimented.

All through the years, ILAWASIA usually worked with our clients to establish best practices for protecting your intellectual property portfolio. ILAWASIA team of legal professionals and administrative support team will manage every aspect of IP matters, with client service centers in Thailand, Myanmar, Cambodia, Laos, and across CLMV countries. We offer our liability to protect your IP rights, so you can be sure your IP rights are safe.

 


Somphob Rodboon has been ranked as the Recommended Individual for the Enforcement and Litigation area in Thailand.

WTR 1000 - the World's Leading Trademark Professionals - a unique guide that identifies the top trademark professionals in key jurisdictions around the globe.

For the year 2022, Somphob Rodboon, Managing Partner of ILAWASIA, has been appointed as the Recommended Individual for the Enforcement and Litigation area in Thailand.

"Somphob Rodboon applies exceptional rigour in protecting his patrons' intellectual property in Thailand and, through his firm's affiliates, across South East Asia. His strategies for successful trademark registration are tried and tested," WTR complimented.

The WTR 1000 focuses exclusively on trademark practice and has firmly established itself as the definitive ‘go-to’ resource for those seeking world-class legal trademark expertise.


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.

Nattaya Mahakunakorn
Senior Associate
Nattaya.M@ilawasia.com
ILAWASIA Co., Ltd.

Patthariya Sirinunthaphapakorn
Associate
Patthariya.S@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.

Nattaya Mahakunakorn
Senior Associate
Nattaya.M@ilawasia.com
ILAWASIA Co., Ltd.

Patthariya Sirinunthaphapakorn
Associate
Patthariya.S@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.


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.