Acting as an officer or director for a Thai company can be an honor. It is a position that not only affirms a person’s role in shaping company policies, but can also symbolize that person’s place in the overall economic marketplace. In short, it is a title with responsibility. Most officers and directors accept the fact that they are charged with significant responsibility for the company’s operations.

Different intellectual property laws, which separately cover patent, trademark, and copyright, are intended to cover different types of creations. Theoretically, to ensure that society benefits from protected works, a single creation should only enjoy intellectual property (IP) protection under one law, rather than benefitting from concurrent protection under multiple laws. In Thailand, however, two Supreme Court judgments have held that one creation may enjoy concurrent protection under different IP laws.

On June 19, 2009, the National Assembly of Vietnam adopted several amendments to the IP Law, which will enter into effect on January 1, 2010. The amendments regarding plant variety protection clarify a number of issues. Importantly, the amendments have expanded the parties that are eligible to file for protection in Vietnam by adding foreign organizations and individuals having permanent residence or offices or having establishments producing or trading in plant varieties in countries that are signatories to agreements on plant variety protection for which Vietnam is also a member.

The Thai government has introduced proposed amendments to the Trademark Act and the Copyright Act that would hold landlords of commercial buildings liable for turning a blind eye to tenants who sell counterfeit, imitative, and pirated goods. This would allow authorities to target malls and commercial buildings that are notorious for hosting sellers of counterfeit and pirated products.

The last few decades have seen an increase in the implementation and forceful application of anti-corruption laws worldwide. Due to Western authorities’ extensive powers regarding anti-corruption issues, foreign-based companies are requiring their subsidiaries in Asia to control gift-giving expenses, especially since efforts to respect the customs of giving gifts to officials (including hosting dinners or banquets) may constitute bribery according to international and even local anti-corruption laws.

During these tough economic conditions, closing a business may seem to be the only alternative for a lot of companies. However, doing so is not as easy as removing the sign and closing the doors. A voluntary winding-up of business is an invitation for employee claims, creditor suits and a tax audit. This article examines the two principal means by which a company may formally close its business: liquidation or bankruptcy.

In the last decade, Thailand has established the objective of becoming a regional player in the pharmaceutical industry. In 2004, the Thai government adopted a five-year plan to develop the capacity of the country to become a Center of Excellence in the region. The government has only partially achieved this objective. Thailand continues to lag behind its competitors in certain areas, notably with regard to the implementation of policies relating to pharmaceutical products.

This article examines recent and pending reforms affecting cosmetics, film and video, computer crime, and product liability, as well as trademarks and copyright. Each of these legislative changes is of great importance to IP owners.