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.
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.
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.
Fair Trade Practices Relating to Period of Credit Term in the Case SME Operators are Sellers of Goods or Providers of Services
In brief
Government has a policy on sustainably reducing gap and creating fairness in business operation for small and medium enterprise (SME) operators, it is then deemed suitable to prescribe standard criteria on credit term for a period of 30 days to 45 days for SME operators as proposed by the National Economic and Social Development Council and the Bank of Thailand.
On 18 June 2021, the Government Gazette website has published the Notice of Trade Competition Commission Re: Guidelines on Consideration of Fair Trade Practices Relating to Period of Credit Term in the Case SME Operators are Sellers of Goods or Providers of Services, dated 24 May 2021, issued under Trade Competition Act, B.E. 2560 (2017).
This Notice shall be enforced after the lapse of 180 days from the day following the date of its publication in the Government Gazette onwards, which is on 15 December 2021.
Nature of SME business
Small and Medium Enterprise (SME) operators means business operators whose natures of business are as follows:
|
No. |
Matters |
Details |
|
| 1. | Manufacturing goods | Employment: |
Not exceeding 200 persons |
| Income: |
Not exceeding 500,000,000 Baht per year |
||
| 2. | Providing of services, wholesale, or retail business | Employment: |
Not exceeding 100 persons |
| Income: |
Not exceeding 300,000,000 Baht per year |
||
Definition
|
Terms |
Definition |
| Trade Credit | An agreement on granting trade credit between a SME operator who is a seller of goods or services and a buyer of goods or services, including consignment or buying/selling of any other description, and there will be made payment for the goods or services thereafter according to the conditions and the period of time agreed upon in writing. |
| Credit Term | A period of time given by a seller of goods or services to a buyer of goods or services within the period of time agreed upon as evidenced in writing. |
The Fixing of Credit Terms
Any business operator who is a trading partner and a small and medium enterprise (SME) operator is subjected to the guidelines on consideration of fair trade practices as follows:
|
No. |
Matters |
Details |
|
| 1. | Credit terms | a) Trade sector, production sector, and service sector |
Not exceeding 45 days, unless already agreed in lesser credit term |
| b) Trader sector, production sector, and service sector, especially those concerning agricultural produces or initial processed agricultural products |
Not exceeding 30 days, unless already agreed in lesser credit term |
||
| 2. | Counting of Credit Terms | a) Regularly |
Counted from the date of delivery of goods or the providing of services according to the quantity, category, quality/standard of the goods or services duly agreed upon and the documents thereof have been handed over correctly and completely |
| b) In the case of consignment |
Counted as from the date of sale of goods in full quantity or at the rate agreed upon according to normal trade practices. |
||
| 3. | Payment of Trade Credit | a) Any business operator (trading partner) |
Must be shown clear steps of payment according to normal trade practices. |
| b) SME Operator |
Must present documentary evidences of labour employment; or documents showing incomes to confirm its status as a SME operator to any business operator who is its trading partner for information |
||
Unfair Trade Practices
Any acts involving the granting of credit term which may be described as unfair trade practices are:
|
No |
Detail |
| 1. | Delaying payment of goods or services exceeding the specified credit term without reasonable grounds therefor. |
| 2. | Change of credit term or other conditions under the contract without reasonable grounds therefor, or no prior notice is given at least 60 days in advance. |
| 3. | Other acts which are unfair enforcements by any business operator who is a trading partner of a small and medium enterprise operator, such as, setting special conditions concerning the granting of trade credit which may cause a burden to the contractual party unnecessarily, etc |
Yours sincerely,
Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co., Ltd.
Nannapas Phatcharakeatkanok
Associate
Nannapas.P@ilawasia.com
ILAWASIA Co., Ltd.
Chananya Yongmunkongkul
Associate
Chananya.Y@ilawasia.com
ILAWASIA Co., Ltd.
