Medical devices are part of a rapidly growing business driven by technological achievements and developments, as well as the desire for increased life expectancy and better healthcare. Emerging technologies require new legal regulation so that all combined and borderline products are properly covered. These products are becoming increasingly standardized, which facilitates their worldwide distribution and use.

In Arcor S.A.I.C. v. Department of Intellectual Property (Arcor), the Thai Supreme (Dika) Court affirmed the Intellectual Property and International Trade Court (IP&IT Court)’s ruling and withdrew the earlier decisions of the Trademark Registrar and the Board of Trademarks.

A license agreement is simply a contract that governs duties, rights, and obligations between parties to a transaction. The licensor is generally the owner or holder of title to certain rights and the licensee is the party who has contracted to use some or all of those rights with or without certain restrictions.

Concerns raised by the Thai pharmaceutical industry in recent years of alleged corrupt practices by employees of state hospitals, has led to the implementation of more stringent legislation to combat the problem of state funds seeping through a porous pharmaceutical procurement system.

A recent seminar held in Bangkok, “Shifting Sands in International Trade – Opportunities for Southeast Asian Manufacturers”, received extensive coverage in the national press. Cohosted by the Department of Intellectual Property, the Association of Thai Software Industry, and Tilleke & Gibbins, the seminar focused on IT challenges and opportunities for Thai manufacturers.

Vietnam passed a lot of new IP laws in advance of its accession to the World Trade Organization for compliance with TRIPs standards. This increased awareness of intellectual property and brought more infringers to negotiations with rights holders. But the law has loopholes and is being applied inconsistently, with regards to fines for instance. Prison sentences are short if applied at all. Cybersquatters are impossible to prosecute and no one wants to be the first to try a court battle. Despite significant legislative efforts, enforcement remains a challenge.

This updated version of The International Comparative Legal Guide to: Business Crime for 2012 is a general guide to Thailand’s laws relating to business crime and compliance issues. It includes specific types of business crime, such as money laundering, tax evasion, insider trading, fraud, embezzlement, and other related crimes. The chapter also has information regarding procedures for prosecuting business crimes, from the investigation to the sentencing and appeals process.

Given the present flooding issues in Thailand, many people have concerns about employment issues. Put simply, “If my factory is flooded, must I keep paying my employees?” As with most legal questions, the answer is not so simple.