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Many people are suffering from the widespread floods in Thailand including at least 555,000 employees, and a number of industrial estates in many provinces have been under water for more than a month now. At this moment, the water is advancing on another two industrial estates located on the outskirts of Bangkok. From the severe floods, many questions in respect of the labour law have been raised by both the employers and the employees on how to deal with salary payment to employees who have not been able to work and also whether it is possible to terminate an employee’s employment during the flood when an employee is unable to work. → Read more

Considerations in Increasing the Minimum Wage Rate

In determining the minimum wage that employers are obligated to pay employees, reference must be made to the Labour Protection Act B.E. 2541 (1998) as amended B.E. 2551 (2008) (the “Act”). As stated in the Act, the “Remuneration Committee” is the body with the power to determine the minimum wage rate. → Read more

In March 2011, the Stock Exchange of Thailand improved its regulations in regard to the increase in capital for listed companies by allowing these companies to increase capital through a general mandate. A listed company normally is required to seek authorization from a shareholders’ meeting every time the company wishes to increase its capital. Through a General Mandate, however, a listed company will be able to request permission from the shareholders’ meeting in advance, in accordance to the number of increased shares and type of allocation of the shares (e.g. right offering, public offering, private placement), to authorize the board of directors of the company to consider and manage the shares appropriately when the company requires immediate capital. → Read more

1)         Section 95 of the Bankruptcy Act

In principle, if a bankruptcy court issues an absolute receivership order against a debtor, any creditor who wishes to claim for assets of the debtor is required to submit his claim against the debtor to an official receiver within two months following the date of publication of the absolute receivership order. If the creditor is not domiciled in Thailand, the official receiver may extend this period. This principle is not applicable to secured creditors[1][1] because Section 95 of the Bankruptcy Act states that the secured creditor has rights over the assets given to him by the debtor prior to a date of receivership. → Read more

In the information age, e-commerce such as online retail sales is growing fast as a result of the vast increases in the number of people who use the internet around the world. At the same time, many criminal activities are occurring via this new way of trade communication. The traditional laws of Thailand, however, do not cover all aspects of these activities. Thus, Thailand has enacted new laws, namely, the Computer-Related Crimes Act B.E. 2550 (“Computer Crime Law”). → Read more

The Ratchaburi Court (Court of First Instance) issued a judgment on 27 April 2011, concerning advertisement of alcoholic beverages under Section 32 of the Alcohol Beverage Control Act B.E. 2551 (2008) (Act). The judgment has important implications for company directors and wholesalers and retailers of alcoholic beverages. → Read more

Trademarks are intellectual property used in association with goods or services to identify their manufacturer or provider. A trademark will be protected only after it is registered with the Department of Intellectual Property, Ministry of Commerce. Upon registering a trademark, its proprietor will be entitled to solely use it with his goods or services and to guard against use by others, except with his consent, in which case such consent is to be registered with the Department of Intellectual Property in the form of a licence to use trademark. The law applicable to the registration, the use and the licensing of trademarks is the Trademarks Act B.E. 2534 (1991). → Read more

In Thailand, as in most developing and well-developed countries, there exists a robust translation industry.  Companies, government bodies, and law firms, among others, need a wide variety of materials translated.  Who owns copyrights in translations?  The answer isn’t always clear.  However, steps can be taken by private parties to assist in securing ownership of copyrights in translated materials. → Read more

1. Most common patent issues companies doing business in Thailand face:

Infringement of invention and design patents by way of:

local manufacture sale of counterfeit patented products/goods import and export of counterfeit patented products/goods

Patent validity challenges

Appeal of Rejections based on Novelty or Inventive Step → Read more

The Thai Computer Crimes Act B.E. 2550 (2007) (“CCA”) was enacted with the general purpose of bringing enforcement of Thailand’s law to the internet and, more generally, to the transfer of electronic data within Thailand.  Since its enactment, the CCA has proved a more than effective tool for police enforcement. → Read more