In the near future, businesses in Thailand may be endowed with a new tool which could help enhance their access to financial resources—arguably one of the most important resources to survive and thrive in today’s highly competitive environment. This tool is “commercial collateral,” a new form of security/security interest not previously available under Thai laws. The draft Commercial Collateral Act proposed by the Fiscal Policy Office, Ministry of Finance, was approved by the Cabinet on July 9, 2009.

This paper answers a number of important questions about the role of client confidentiality within the Thai legal system. Key points include the regulations governing confidentiality, the limits of attorney-client privilege, and the disclosure of client information in certain situations.

In June 2009, the National Assembly adopted amendments to Vietnam’s Criminal Code regarding copyright and related rights offenses. Once the amendments take effect on January 1, 2010, pursuant to Article 170a, anyone who copies or distributes copyright protected works to the public on a commercial scale without the permission of the copyright owner will be subject to a fine of between VND 50 million (USD 2,800) and VND 500 million (USD 27,800) or non-custodial reform for up to two years.

Under Section 18 of the Thai Trademark Act, applicants are entitled to appeal to the Board of Trademarks when the Trademark Registrar initially finds their mark unregistrable, and the decision of the Board shall be deemed final. However, many trademark owners file a Complaint appealing the Board’s decision with the Central Intellectual Property and International Trade Court, and later file an Appeal with the Supreme Court if the IP&IT Court rules against them. This article explores the predicament that can result from this practice.

A mark that is sufficiently distinctive to be registered as a trademark may consist of plain letters, numerals, descriptive words, and/or devices. According to the Thai Trademark Act, a disclaimer will be required for such non-stylized letters, numerals, and/or descriptive parts. Based on the current practice, it seems that the Registrar and the Board of Trademarks always raise such disclaimers as reasons in accepting or rejecting the registration of marks cited to be in conflict with a prior mark.

As Asia continues to attract an increasing number of clinical trials, project sponsors need to take into consideration the specific laws and regulations of each country where the trials take place. This article highlights the different processes in place in China, Thailand, and Vietnam, as well as the importance of the agreements signed between the parties from the perspective of intellectual property law and drug importation.

Many employers may not appreciate the importance of a properly drafted contract of employment until they find themselves before a Labor Court embroiled in a dispute with one of their employees. Since Thai labor laws do not require a written employment contract, there may be many employers who have never required their employees to sign a written employment contract. However, employers may lose some specific rights unless they are expressly stated in an employment contract. Therefore, this article addresses the main clauses which should be included in an employment contract.

This 29-page report provides a broad overview of anti‐corruption legislation in Thailand. It examines each of the various Thai statutes pertaining to corruption, considers the role of Thai institutions in combating corruption, and concludes with a discussion of the international context and the implications for Thailand.