In Hong Kong, the term “shadow company” refers to the unscrupulous use of another party’s well-known trademark in the registered name of a business, often for the purpose of conducting trade in illegitimate goods and services. In China, these companies are known as “unauthorized business enterprise name registrations.” While China and Hong Kong take action against these shadow companies, Southeast Asia is seeing a marked increase in the use of well-known trade names and trademarks in business name registrations.

Over the years, several Thai brands have moved more prominently into overseas markets. Despite being at an early stage, these innovators have already built on the areas in which Thailand has had a competitive advantage like the beverage industry, textile and garment industry, and footwear industry. As these brands become world players in their respective fields, it becomes all the more important that they formulate well-crafted IP strategies.

Thai markets continue to be plagued by a large volume of counterfeit and substandard electronic products. Tyco Electronics, a leading global provider of engineered electronic components, has partnered with Tilleke & Gibbins in order to develop an effective IP enforcement strategy to suppress these infringing products, given their dubious quality and potential safety risk for consumers. This article describes a recent raid action that resulted in a large seizure of counterfeit AMP NETCONNECT products.

Seeking suitable protection in Thailand over new products can become confusing at times, particularly for companies that successfully develop new and unique designs possessing

When it comes to bad check legislation, Thailand is unique. In addition to civil remedies available under the Civil and Commercial Code against those who pass bad checks, Thailand is one of the few jurisdictions in the world in which there can also extend criminal liability. Criminal liability is evaluated under the Act Governing Offenses Arising from the Use of Checks B.E. 2534 (1991) (the Act). Under the Act, a criminal conviction may give rise to imprisonment of up to one year and/or a fine of up to THB 60,000.

As deliberations over the Frequency Allocation Bill are set to continue, the Government is making other important plans for wireless telecommunications in Thailand. The Bill has now passed both the House and Senate, though in different forms. Differences in the two versions are expected to be considered in Joint Committee when Parliament reconvenes in August, though the House’s version will be enacted if differences are not settled. This article looks at expected future developments, as spectrum auctions lie ahead.

In times of economic recession there is usually an increase in the volume of litigation cases, as many companies struggle to pay their debts and creditors are often forced to pursue civil or bankruptcy claims in an attempt to recover payment. Although Thailand is not in recession, the number of bankruptcy claims filed and the number of court orders for absolute receivership has drastically risen over the last few years. In 2009, there were 23,975 orders for absolute receivership compared to 9,978 the previous year, according to statistics from the Central Bankruptcy Court.

The Thai Food and Drug Administration (FDA), which is responsible for providing support in coordinating and monitoring cosmetic products in the market, announced that the requirements of the ASEAN Harmonized Cosmetic Regulation Scheme will be fully implemented by the beginning of 2011. Among the requirements, certain cosmetic products may need to be reclassified and re-registered, as described in this article.