Say Sujintaya

Say Sujintaya

Of Counsel
Baker & McKenzie Limited Attorneys at Law
Not admitted to practice law in this jurisdiction

Biography

Say Sujintaya is Of Counsel for Intellectual Property and Technology at Baker McKenzie. On June 30 2021, she stepped down as Principal and co-head of the Intellectual Property and Technology Practice Group in the Firm's Bangkok office, a position she held for the past 16 years. She has extensive experience advising on matters involving trademarks, copyrights, patents, trade secrets, IP commercialization and transactions and IP litigation which saw her inducted into the IP Hall of Fame by The Legal 500 in 2021. Say is active in lobbying and public policy work and she currently serves as the Vice President of the Asian Patent Attorneys Association (APAA) Thailand Group after recently completing a three-year term as President, a position which she held from 2018.

Practice Focus

Say consults on patent and trademark matters for some of the world’s largest pharmaceutical, software, and consumer goods companies. In this capacity, she regularly advises on patent and trademark prosecution and licensing. She also advises on the coordination of anti-counterfeiting and anti-piracy campaigns, as well as IP-related litigation. She supports many renowned fashion, sporting goods, cosmetic, pharmaceutical, telecommunication, electronic, and media industry leaders.

Her extensive experience in the Media & Entertainment practice includes handling all aspects of film, production and post-production work in Thailand for major Hollywood studios and well-known streaming service providers. Say's work in this area involved drafting and negotiating production agreements, licensing of programs, obtaining IP clearances and releases, advising on cast, crew and location agreements and acquisition of rights.

Throughout her career, Say has actively served in a number of professional organizations. In addition to her role as Vice President of the APAA, she is the Secretary of the Thai Group of the International Association for the Protection of Intellectual Property (AIPPI). She is also a longstanding member of the International Trademark Association (INTA). In the past, she served as a member of the World Economic Forum's (WEF) Global Agenda Council on Intellectual Property for four years, then subsequently as a member of the WEF Regional Agenda Council on ASEAN, through which she supported efforts to strengthen integration within the region through better education, application of technology, and human capital development.

Representative Legal Matters

Enforcement and litigation

  • Headed the team that successfully obtained the very first Anton Piller Order ever issued by the Central Intellectual Property & International Trade Court, on behalf of three well-known apparel companies.
  • Coordinated several major raids against corporate-end users of pirated business software for a leading US software developer and led the investigation and action against hard disk loaders in various IT malls throughout Bangkok.
  • Represented a leading Japanese automobile company in conducting major raids against infringing manufacturers, as well as screening, printing, and storage facilities, resulting in the seizure of over 64,000 counterfeit items valued at over USD 400,000.
  • Successfully handled patent litigation involving criminal and civil actions on behalf of a French steel connectors company.
  • Acted for a US hardware company in seizing hundreds of electronic parts and various interconnection hardware components being used in a Thai bank’s ATM system; coordinated police raids to seize a large number of counterfeit Wan Interface Cards (WIC).
  • Assisted two major sports apparel companies in conducting joint-action raids against manufacturers, assemblers, and wholesalers of counterfeit football kits and shoes.
  • Acted on behalf of major US and French cosmetic companies in coordinated joint-raids against wholesalers, warehouses, importers, and manufacturers, resulting in the seizure of counterfeit cosmetics, skincare products, equipment, and raw materials valued in excess of USD 3.2 million.
  • Assisted several multinational companies in taking down infringing websites and taking legal action against on-line piracy and internet sales of counterfeit goods.

Pharmaceuticals

  • Manages the Thai patent portfolio for one of the largest multinational pharmaceutical companies in the world.
  • Manages the Thai trademark portfolios of numerous other global pharmaceutical companies.
  • Successfully negotiated with the Thai government on behalf of a multinational pharmaceutical company to prevent the issuance of a compulsory license for an anti-viral drug patent, a case which involved the first-ever threat of compulsory licensing in Thailand.
  • Advised a global pharmaceutical company whose drug was later subject to compulsory licensing.
  • Advised a major pharmaceutical company on competition issues related to the marketing of a generic version of one of its patented medicines and adverse impacts on its Thai patent rights.
  • Advised a leading developer of cochlear implants on requirements related to the importation and distribution of its products in Thailand, including labeling and licensing.

Entertainment and media

  • Advised the largest US movie streaming service provider on permits, negotiating production agreements, location, cast and crew agreements, and IP clearance for filming in Thailand for “Extraction,” “Da 5 Bloods,” and documentaries and local series.
  • Acted as local production counsel for a major US film studio during film production of Hangover 2 in Thailand, which involved advising on compliance with the Foreign Corrupt Practices Act (FCPA), navigation in Thai territorial waters, labor issues, liability and insurance matters, obtaining copyright clearances, drafting crew and cast agreements, and facilitating the legal use of government property for on-location filming.
  • Acted as local counsel for the reality TV show "The Bachelorette" during its filming in Thailand.
  • Assisted a television production company with a number of issues related to the creation of a primetime television program, including preparation of the production agreements detailing royalty-sharing and creative rights and the release agreements for show participants.
  • Assisted one of Thailand’s most famous conglomerates in establishing a music production company, which involved drafting all use agreements between the company and the artists, songwriters, music composers, and broadcasters.

Professional Honors

  • Inducted into the Hall of Fame in the field of Intellectual Property by The Legal 500, 2021
  • Named one of 'Thailand's Top 100 Lawyers in Intellectual Property' by Thailand's Top 100 Lawyers, 2020-2021
  • 'Band 1' individual in the area of Intellectual Property, Chambers Asia Pacific, 2013-2021
  • Named on the 'A-List of Thailand's Top 100 Lawyers" by Asia Business Law Journal, 2021
  • Named as a 'Leading Practitioner' in the Patent and Trademark fields, International Who's Who Legal: IP, 2021
  • Named as one of Thailand's Tier 1 'IP Stars' in the Patent and Trademark fields by Managing Intellectual Property, 2014-2019 & 2021
  • Received a 'gold' rating in the areas of 'enforcement & litigation' and 'prosecution & strategy', World Trademark Review WTR 1000, 2015-2022
  • Received a 'Gold Band' rating in the field of patents, Intellectual Asset Management (IAM) Patent 1000, 2021
  • Named as a 'Leading Patent Professional', Intellectual Asset Management (IAM) Patent 1000, 2021
  • Named as an "IP Expert" by Asia IP Law, 2021
  • Named as a 'Recommended individual' in the field of patents, Intellectual Asset Management (IAM) Patent 1000, 2015-2018, and 2020 Named a Leader by the World Intellectual Property Review (WIPR), 2016-2020
  • Named one of the 'Top 250 Women in IP in 2020' by Managing Intellectual Property, 2018 and 2020
  • Named as a 'Leading Individual' in the area of Intellectual Property, The Legal 500 Asia Pacific, 2004-2020
  • Leading practitioner in the Trademarks/Patents field by Euromoney's Women in Business Law Expert Guide, 2019
  • Named as one of the 80 prominent women lawyers by WIPR Influential Women in IP, 2019
  • Named in the International Who's Who of Patent Lawyers, 2003-2008, 2010-2019
  • Named a 'Leading Practitioner' in the International Who's Who of Trademark Lawyers, 2002-2004, 2006-2013, 2015, 2017 and 2019
  • Named as a 'Recommended Individual' in the area of Technology, Media, Telecoms (TMT), The Legal 500 Asia Pacific, 2016-2017
  • Named as a 'Leading Individual' in the areas of patents and trademarks, Asia IP Experts Guide, 2015-2017
  • 'Leading Practitioner' in the area of Trademarks, Guide to the World's Leading Women in Business Law, 2012-2017
  • 'Band 1' individual in the area of Intellectual Property, Chambers Asia, A Client's Guide, 2011-2013
  • Recognized in the International Who's Who of Business Lawyers, 2007-2013
  • 'Recommended Lawyer' in the area of Life Sciences Super Leagues: Intellectual Property, PLC Which Lawyer?, 2011 and 2012
  • Named a 'Leading 100 Lawyer' in the area of Intellectual Property, Lawyer Monthly Magazine Leading Lawyer Guide 100, 2011
  • Identified as one of Asia's leading business lawyers in the field of Intellectual Property, Asialaw Leading Lawyers, 2004, 2005, 2008-2010
  • Named a 'Leading Individual' in the area of Life Sciences: Intellectual Property, PLC Which Lawyer? Thailand Yearbook, 2010
  • Named a 'Highly Recommended Lawyer' in the area of Intellectual Property, PLC Which Lawyer? Thailand Yearbook, 2006-2009
  • Named a 'Recommended Lawyer' in the area of Life Sciences: Intellectual Property, PLC Which Lawyer? Thailand Yearbook, 2007-2009

Professional Associations and Memberships

  • Utah Bar Association
  • Member, World Economic Forum's Global Agenda Council on South-East Asia
  • Vice President, Asian Patent Attorneys Association (APAA) Member, Asian Patent Attorneys Association, Patent Committee
  • International Trademark Association (INTA)
  • Secretary, The Thai Group of AIPPI
  • ASEAN Intellectual Property Association
  • American Chamber of Commerce
  • Danish-Thai Chamber of Commerce

Admissions

  • Utah~United States (2004)

Education

  • Loyola Marymount University (J.D.) (1986)
  • University of Southern California (B.A.) (1983)

Languages

  • English
  • Thai

Say has authored and co-authored a range of articles on IP related subject matters including copyrights, patents, trademarks, trade secrets, enforcement and anti-counterfeiting, which have appeared in leading local, regional and global publications such as Asia IP, the Bangkok Post, the World Trademark Review, AIPPI Law Series and various Chambers of Commerce publications.

Say has spoken at a number of conferences, seminars, and workshops, hosted by organizations such as the World Intellectual Property Organization, the Department of Intellectual Property, Asia Patent Attorneys Association, IP Law & Management Institute, ASEAN Judicial Colloquium organized by USPTO, MIP International Women's Leadership Forum, the International Trademark Association, and other various Forums and Institutes.