Since the adoption of the Law on Intellectual Property in 2005, most experts have acknowledged that Vietnam’s intellectual property regime generally complies with the requirements of TRIPS. However, enforcement mechanisms in the country have remained weak. In the last few months, Vietnam issued new legislation which is expected to improve the country’s intellectual property law enforcement regime. These new regulations are summarized in this article.

The development of the pharmaceutical industry in Asia has been influenced by government policies and the growth in the laws and regulatory bodies that oversee various aspects of drug manufacture and sale. Most Asian governments heavily regulate the pharmaceutical industry, typically through the national food and drug administration and the health ministry. While most countries in Asia today have a body of laws that govern virtually all aspects of production and sale of pharmaceutical products, the implementation of these laws has been rather uneven.

Thailand’s property market is still on the rise and highly competitive. Advertisements for new real estate developments are everywhere, and with them are promises of freebies. While some projects offer free air conditioners, televisions, and furniture, others promise gyms, swimming pools, and even nurseries. Often such promotional gimmicks are in fact not referenced in the purchase agreement. So what happens if, after project completion, the developer fails to deliver on its promises? This article outlines the available recourse under Thailand’s Consumer Case Procedure Act.

On August 31, 2008, Section 89/15 of the Securities and Exchange Act (No. 4) B.E. 2551 (A.D. 2008) came into force. This provision mandates the appointment of a Company Secretary by the Board of Directors of (1) public limited companies permitted to offer shares to the public, with the exception of public limited companies specified in the notification of the Capital Market Supervisory Board; and (2) public limited companies listed on the Securities Exchange of Thailand or whose shares are traded over the counter. 

The issue of the authority and duty of the Board of Trademarks has been widely discussed within the Thai legal profession. At the heart of this discussion is the fact that the Board often uses its discretion to render decisions based on grounds and facts that were neither raised in the Registrar’s original order nor contested by the appellant. In Thailand, the Supreme Court’s decision would normally be cited to resolve this type of legal issue; unfortunately, there are no precedent Supreme Court cases to be cited for this issue.

In developing a marketing campaign, corporate marketing teams, advertising agencies, and company management must not lose sight of the importance of legal clearance. The issues relevant to attractive and effective advertising material go beyond marketing strategy or consumer behavior analysis. Critically important legal issues such as intellectual property clearance and regulatory compliance must also be considered.

On July 19, 2007, Thailand’s new Computer Crimes Act (CCA) took effect. CCA Section 26 made data retention mandatory for all “Service Providers,” who would be required to keep records of their users’ e-mail, chat, and internet usage and personal identification for a minimum of 90 days. The details of this mandatory data retention were left to the discretion of the Ministry of Information & Communication Technology (ICT).

This document provides an easy reference tool for the company formation process in Thailand.