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Intellectual properties, particularly copyright, patent and trademark, serve as profoundly valuable assets for a business, and different sets of laws have been established to protect the exclusive rights of each holder of intellectual property. Some intellectual properties require notification or registration in order to obtain protection. Formerly, protection of rights only applied exclusively in the countries where the properties were created. Systems of international protection over intellectual properties have now been adopted by means of multilateral agreements. → Read more

Mediation has accumulatively been chosen over other available means of dispute settlements. Previous mediation systems before the Regulations on Mediation by Public Prosecutors, B.E. 2555 (the “Regulation”) was issued did not impose any obligation upon the accountable prosecutor to notify the disputants in writing of their rights to the mediation process to be conducted by responsible prosecutor(s), but the disputants themselves shall initiate the mediation process through officers in charge. This Regulation has come into force since 1 July 2012, and it demands collaboration of the Department of People’s Rights Protection and Legal Aid (the “Department”). → Read more

The Computer Crime Act B.E. 2550 (“Act”) imposes criminal offences under Section 14 that whoever, for example, (1) inputs into a computer system any obscene data which is accessible to the public; (2) inputs into a computer system any data in violation of national security according to the Criminal Code; or (3) inputs into computer system false data in a manner likely to cause injury to national security, another person or the public, shall be punished with imprisonment not exceeding 5 years and a fine not exceeding 100,000 Baht, or both. → Read more

Submission of a written order to refuse public health services that would otherwise prolong living with a terminal illness preventing a natural death

Dignity, rights, liberty and body are protected by the Constitution of the Kingdom of Thailand (B.E. 2550) which is congruent with the Declaration of Lisbon on the Rights of the Patient (1981). The declaration specifically affirms the patient’s right of self-determination to make free decisions regarding his or her own body. The patient is entitled to humane terminal care and to be provided with all available assistance in making dying as dignified and as comfortable as possible. → Read more

On 2 November 2011, the remuneration committee issued a notification increasing the minimum wage to 300 Baht effective 1 April 2012. With an approximate 40% raise for employment wages in Bangkok, NakhonPathom, Nonthaburi, PathumThani, Phuket, SamutPrakan and SamutSakhon, this action has prompted an outcry among those in the business sector who foresee this surge of minimum wage as negatively impacting business costs, especially in businesses where a large labour force is required. This shift has also brought about a growing concern in regard to future foreign direct investment as this newly-increased pay rate will no longer make investment attractive in Thailand. As a consequence, some of those affected have filed claims against the remuneration committee to the Administrative Court stating that such minimum rate increase is unlawful and that interim measures of protection are needed in order to suppress or minimize the impact of the minimum pay rise. → Read more

Severe flooding that occurred since mid of 2011 through to the beginning of 2012 in Thailand has been considered as one of the worst natural disasters in terms of costs and the amount of businesses affected. There are a number of measures to alleviate burdens of different nature which have been put in place to assist businesses in including tax relief measures. And although there are several tax measures in the forms of tax exemptions and tax incentives already in place since before the latest flooding occurrence, but as the flooding situation was aggravated to such a severe extent towards the end of 2011, the government introduced additional tax exemption and incentive measures, details of which are summarized in the tables below: → Read more

The Department of Intellectual Property, the competent authority, prepared and submitted a Draft Trade Mark Bill (the “Bill”) to the Council of State for its consideration and review in 2008. After pending for consideration for more than 3 years, the Council of State recently approved the Bill and has submitted it to the Cabinet for their consideration and approval. → Read more

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