Recent meetings between U.S. business interests and the Thai Ministry of Public Health painted a grim picture for the American reaction to Thailand’s broad-based imposition of compulsory licenses for patented pharmaceutical products.

Intellectual property rights owners are increasingly feeling the pressure and seeing revenue losses due to competition from the counterfeit goods that are invading the global market. The global society also suffers from the physical and emotional pain of the countless people—many of them children—who are either slaves to these criminal black marketers or victims of their faulty products. Part I of this two-part feature introduces the issues.

The draft amendment to the Patent Act proposed by the Department of Intellectual Property includes several reforms and new additions to the current law. One of the most prominent changes which would directly affect research-based pharmaceutical companies is the new provisions on pharmaceutical compulsory licenses. These new provisions are to be added to the current law, under which the procedure for issuance of compulsory licenses by government departments remains ambiguous.

If an employer needs to temporarily cease operations wholly or partially for any reason other than force majeure, Thailand’s Labor Protection Act allows for the possibility of cessation of operations as an alternative to layoffs. By exercising this option, the employer is obliged to pay the affected employees 50% of their normal wages prior to the cessation of operations and must give notice to the employees and the labor inspection officer in advance. This article describes the requirements under the law and the potential benefits for both employers and employees.

Foreigners (and Thais with foreign spouses) can encounter certain family laws in Thailand that are unique to the Kingdom. This article provides an introduction to selected laws that may be applicable to readers.

Similar to typical “how to” questions such as how to buy a house or condo or how to set up a business, how to acquire permanent resident status has become a question frequently asked by foreign visitors as well as expatriates working and living in Thailand. While some have been told that a permanent resident permit is readily available to buyers of condominium units, others have learned that getting one requires commitment and time in which to gain qualification.

Trademark law in Thailand has been designed as a tool for the protection of brands, logos, or marks used by their owners in connection with their products and services. Despite this protection, however, successful brands or owners of popular products who have invested heavily in promoting their trademarks bear the risk of being imitated by newcomers fascinated by or envious of the success of the reputable brands/products.

This article examines the ability of industry associations to seek legal remedies standing from the Administrative Court in relation to the lawfulness of an exercise of administrative authority by a government ministry or agency. For example, could an industry association representing pharmaceutical companies (known in Thailand as PReMA) bring an action to challenge the authority underlying the Thai Ministry of Public Health’s policy in purporting to issue compulsory licenses to break the patents of research-based pharmaceutical companies?