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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

Intellectual property rights owners are regularly and increasingly feeling the pressure and economic pain of the loss of revenue due to competition from black market counterfeit goods invading the global market.  Further, our global society suffers the physical and emotional pain of countless people and children who are slaves to either the criminal black marketers or the victims of their faulty products.  The problem is both economic and social. → Read more

According to the World Health Organization, Thailand is a middle-income country with impressive achievements in both economic and social development. The Kingdom has a long and successful history of health development, achieving universal health care for Thai citizens in 2002, vibrant primary health care and innovative health system development and health promotion. The Thai government holds Thailand out as an aspiring Asian medical hub. → Read more

The Foreign Corrupt Practices Act of 1977 (“FCPA”) is a United States law known primarily for a provision concerning bribery of foreign officials.

In recent months, two FCPA cases highlight the fact that international bribery and corruption have returned to the political spotlight. → Read more

There is no easy way to describe the reality facing millions of Asian children in slave labor. But consumers need to know this reality has a face – that of a child begging you to do something.

When you buy a knock-off Prada bag on the street corner you – and maybe only you – know what you have – a fake. What you may not know is there’s an increasing likelihood the bag and millions like it were manufactured by children. → Read more

The Thai Government recently enacted the country’s first product liability legislation. The Unsafe Goods Liability Act B.E. 2551 (2008) is groundbreaking legislation as it empowers the court, for the first time, to grant punitive damages to injured parties. International Partner Marcus Clark, Senior Associate Rawat Chomsri and Associate Jeffrey Sok report on the new product liability legislation in Thailand that will hold manufacturers, importers and sellers jointly liable for injuries sustained from use of a good deemed unsafe. → Read more

On 8th August 2007, the National Legislative Assembly (NLA), at the behest of the Minister of Commerce, returned the Amendment (Amendment) to the Foreign Business Act (Act) to the Extraordinary Committee on the Foreign Business Act (Committee) for further review and revision after the Amendment’s second reading by the NLA. Details regarding the Amendment are available at: → Read more