ALB: Asia IP Ranking 2023 : The Consecutive Achievement
We are honored to be ranked in various tiers in the Asian Legal Business (ALB) for IP Ranking Firms in Thailand for year 2023.
Tier 2: Copyright and Trademarks
Tier 3: Patent
This year marks the second year of success for ILAWASIA Co., Ltd., as one of Thailand’s notable IP firms.
As the Asian region reopens after three years of the COVID-19 pandemic, the role of intellectual property remains more important than ever.
This is reflected the outcome of our IP service, which have kept our standards when it comes to servicing clients in these time of transition.
The announcement has been notified at this link: bit.ly/3ImPpeo
Myanmar’s Top 20 IP Experts 2022 revealed
Htar Su May is senior associate of ILAW MYANMAR CO., LTD. (ILAWASIA’s Myanmar office),
Recently, Daw Htar Su May has successfully completed the Representative Training Course, certified by Myanmar Ministry of Commerce, Department of Intellectual Property.
With her exceptional expertise, she is not only providing legal advices and services on behalf of ILAW MYANMAR CO., LTD. but also reinforcing the firm’s reliability, and our clients’ trust.
Find out more information at : https://asiaiplaw.com/ip-expert/myanmar/htar-su-may
Benchmark Litigation Asia-Pacific 2023 is revealed
The 2023 edition of Benchmark Litigation Asia-Pacific has appraised ILAWASIA Co., Ltd. as Recommended Firm for consecutive terms since 2022.
By recently concluded the Benchmark Litigation Asia-Pacific research and finalized its rankings, it was noted in their analysis that: “Quick responses and the work is professionally done.”
Furthermore, ILAWASIA is ranked higher for 2023 in tier 3 for “Commercial and Transactions” category.
For the first time, ILAWASIA, also ranked as ‘Notable Firms’ for “Government and Regulatory,” “Intellectual Property,” and “Trade and Customs” categories
A notable analysis stated that: “The firm recently acted for construction company in an arbitration proceeding related to power plant project disputes.” Moreover, “In a breach of contract case, the liquidator of one insurance company turned to the firm to help recoup funds that its insurance brokerage company received from clients that had not been reimbursed to the account of the general insurance fund.”
We would like to take this opportunity to express our gratitude to all our valued clients, and business partners. They have entrusted us with challenging situation; and it has been our privilege acting for them. These recognitions reflect our legal expertise, quality of work, and commitment to our clients.
View the announcement for this year’s rankings at this link : https://benchmarklitigation.com/Jurisdiction/Thailand/Rankings/8540#rankings
Asia IP Copyrights Ranking 2023 : The Continuous Term of Success.
Based on feedback and recommendations from corporate counsel, intellectual property owners, and brand portfolio managers from around the region and the world, as well as submissions from law firms in the global/regional IP community.
We are honored to be ranked Tier 2 in the Asia IP Copyrights Ranking 2023. This year marks the second year of success for ILAWASIA Co., Ltd., as one of Thailand’s notable IP-copyright firms.
ILAWASIA has advised some of our clients over the years to obtain full benefit from their copyright assets by registering and licensing them, enforcing their copyrights where necessary, and preventing infringement of copyrights by recording the copyright in the Thai Department of Intellectual Property online system.
We typically work with our clients to establish best practices for protecting, using, and litigating copyright cases in the fields of information technology and consumer products, so you can be confident that your IP rights are secure.
For more details, please visit at this link : https://asiaiplaw.com/section/the-verdict/asia-ip-copyright-rankings-2023
The 8 Best Estate Lawyers In Bangkok
ILAWASIA was chosen as one of eight firms with the Best Estate Lawyers in Bangkok, Thailand by the CleverThai website.
Survey based on professional credentials and overall attitude of lawyers and law firm toward clients.
Source : https://www.cleverthai.com/best-estate-lawyers-bangkok/#8-ilawasia/
World Trademark Review has ranked Somphob Rodboon in the Enforcement and Litigation and Prosecution and Strategy areas in Thailand for year 2023
For the first time, Somphob Rodboon, Managing Partner of ILAWASIA, has been ranked in the Bronze tier by World Trademark Review (WTR) in Thailand’s Prosecution and Strategy area for 2023. Furthermore, Somphob has held the Silver tier in Thailand’s Enforcement and Litigation area for consecutive terms since 2022.
“ILAWASIA founding and managing partner Somphob Rodboon assists patrons of all shapes and sizes in managing portfolios, devising watertight strategies, and protecting their brands,” 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.
Developments on Trademark Law in Myanmar
Developments on Trademark Law in Myanmar
On 9th March 2023, the Ministry of Commerce (MOC), Intellectual Property Department held the discussion concerning with enforcement of Trademark Law.
Key Takeaways
| No.1 | Matter | Details | Remark |
|---|---|---|---|
| 1. | Enforcement | 1st April 2023 | The enforcement date shall be second soft opening date and the applications which have re-filed during the first soft opening through WIPO e-filing are will have to pay the fee with E-payment |
| 2. | Trademark owner or representative who obtained WIPO account | Able to apply their trademark online | Responsible for all matters relating to IP registration applications filed with his account, corresponded with IP department through the email; and entitled to file applications only with WIPO file. |
| 3. | The trademark owner or representative who has no WIPO file account | Must apply their old application on counter only, with TM1 form. | A person who is eligible to apply for WIPO file account must be
|
| 4. | Grand opening date | May be announced with the notification which will be issued within March 2023. | |
Application forms
There are 19 forms regarding the IP applications as mentioned with Order No. 44/2022 on IP official website.
Application for AppealMust be addressed to the chairperson of agency for appeal; and specified for per class only.
| Form No. | Types of form | Remark |
|---|---|---|
| TM - 1 | Application for Registration of a Mark | Specified for per class only. |
| TM - 2 | Appointment of a Representative (POA) | If the applicant’ entity is incorporated outside of the Myanmar or the applicant is not resident in Myanmar, TM-2 form must be notarized from that country; and No fee. |
| TM - 3 | Request for Reinstatement of an Application | Specified for per application. |
| TM - 4 | Request for Correction of an Application | Specified for per application. |
| TM - 5 | Request for Withdrawal of an Application | No fee. |
| TM - 7 | Request to Divide an application | Specified for per application. |
| TM - 8 | Opposition to Registration of a Mark | Specified for per application. |
| TM - 9 | Request to Issue Certified Copies of a Registration Certificate | Specified for per application. |
| TM - 10 | Request for Amendment of Registration of a Mark | Specified for per application. |
| TM - 11 | Request for Renewal of Registration of a Mark | Specified for per class only. |
| TM - 12 | Request for Recordation of Transfer of Registration of a Mark | Specified for per mark only. |
| TM - 13 | Request for Recordation of a License of a Registered Mark | Specified for per mark only. |
| TM - 14 | Request to Cancel Recordation of a License of a Registered Mark | No fee. |
| TM - 15 | Request for Invalidation of a Registered Mark | Specified for per application. |
| TM - 16 | Request for Cancellation of a Registered Mark | Specified for per application. |
| TM - 17 | Request to Change the Representative | Specified for per application. |
| TM - 18 | Request for Time Extension | Specified for per application. |
| TM - 19 | Application for Appeal | Must be addressed to the chairperson of agency for appeal; and specified for per class only. |
Official fee
Official fee must be calculated per class for trademark registration.
| No. | Matter | Official Fee |
|---|---|---|
| 1. | When filing a trademark registration | 150,000 MMK / per class / per one trademark |
| 2. | After the examinations are completed | 150,000 MMK / per class / per one trademark |
| Note: The registration of trademark will complete after paying all the fees. IP Department will soon issue an official announcement regarding the official fees. | ||
Payment
| No. | Matter | Official Fee |
|---|---|---|
| 1. | E-payment system | AYA bank; and CB bank |
| 2. | Bank Portal | Visa; MasterCard; AYA Pay; CB pay; and MPU card |
| 3. | Bank transaction fee | 300 MMK for per transaction. |
| Note: Payment which be made with MasterCard or Visa, the exchange rate will be charged under the exchange rate policy of relevant bank. | ||
Others essential note
Currently, the trademark search is not available. There is no official search facility nor database. The ORD keeps its records confidential. However, it will be available soon in the grand opening period. IP officer has informed that they are constantly trying to implement the grand opening.
We will certainly keep you apprised of any future developments in its regard. Should you need further information on protecting trademarks in Myanmar both under the current practice and the new Law, please drop us a line at IP@ilawasia.com
Laos’s Top 10 IP Experts 2022 revealed.
Viphavanh is our lawyer at ILAW LAOS CO., LTD., graduated Master of Law (Intellectual Property), University of Turin, Italy.
In 2015, Viphavanh published the Research in Korea which is titled “Development of the Government Projects and System to Increase Public Awareness on Copyright and Other Related Rights in Lao PDR”. It was awarded by KOREA COPYRIGHT COMMISSION, Government of South Korea.
In her current IP practice at ILAW LAOS, Viphavanh has focused on marks and designs. She assists in managing, supervising and enforcing all procedurals marks and designs for both domestic and international cases.
As a commercial lawyer, Viphavanh has been consistently recognized as a prominent legal professional in Intellectual Property and Commercial Law of Lao PDR.
Find out more information at : https://asiaiplaw.com/ip-expert/laos/viphavanh-syharath
Cambodia’s Top 20 IP Experts 2022 revealed
We are delighted to announce that Mr. Vicheka Lay, Partner of Cambodia ILAWASIA's office (I.L. ASIA CO., LTD.), has been named in the Top 20 list of Asia IP's Cambodia IP Experts 2022, based on independent editorial research conducted by Asia IP.
Vicheka Lay is an attorney, admitted to practice law in Cambodia. In his regular IP practice, attorney Vicheka has been advising clients in franchise, distribution, exclusivity and all other IP-related agreements. Attorney Vicheka has full-fledged IP attorney, who has assisted clients in trademark, patent, industrial design registration, maintenance as well as in contingency case. He is also a licensed trademark attorney with certificate of legal mark agent number 215/25/22.
The final list is a combination of the nominations received and the editorial team at Asia IP, which has nearly 45 years of combined experience researching and understanding Cambodia's legal market.
Find out more information at: https://asiaiplaw.com/ip-expert/cambodia/vicheka-lay
Myanmar Directorate of Investment and Company Administration (DICA) says nominee directors and nominee shareholders will not be allowed
In Brief
According to the Section 462, Sub-section (a) (ii) of the Myanmar Companies Law, DICA announced a directive no.7/2023 on 17 January 2023, stating that nominee directors and nominee shareholders will not be allowed.
Key Takeaways
According to the Chapter 18 of the Myanmar Companies Law, in relation to the rights and responsibilities of directors, those who direct control the affairs are considered as directors according to Law, even it is not appointed as director. The appointment of nominee director will not be allowed in Myanmar.
Myanmar Companies Law specified that the director who owns the share needs to register to the Registrar.
Currently, some countries are allowed registration with the nominee shareholders and they are using a system that disclose the beneficial owner separately.
In Myanmar, it is not allowing such registration with the nominee and announce that the person/legal entity who are registered at the Registrar will be as the beneficial owner.
According to the section 421 of the Myanmar Companies Law, the information of beneficial owner can be checked with the prescribed fee at DICA.
Conclusion
We will certainly keep you apprised of any future developments in its regard. Should you need further information on Myanmar Companies Law, please drop us a line at corporate@ilawasia.com
