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INSIGHTS

Insights

We provide you with all of the latest legal developments in Southeast Asia, ensuring that you have the up-to-date knowledge you need to navigate the ever-changing legal landscape affecting your business. You can browse our entire library of publications below, and email [email protected] to sign up for updates that are relevant to your interests, delivered straight to your mailbox, as they emerge.

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April 29, 2011
Section 6 of the Thai Trademark Act stipulates that a mark must be distinctive in order to be registrable. Section 7 (2) specifies that the word or clause employed in a mark must not directly refer to the character or quality of the goods. When examining a mark’s potential descriptiveness, registrars usually use standard print dictionaries as their main reference. With recent technological advances, however, registrars have also begun to use Internet sources to determine the meaning of some trademarks. Of course, the reliability of these online dictionaries may be called into question.
April 29, 2011
The current global economic crisis, the worst since the Great Depression, has financial regulators changing their views on how capital markets should be regulated. Whilst it is important, and perhaps mandatory, to strive for greater market liberalization for the benefits of investors, the school of thought which held widespread support prior to the crisis – that market deregulation would lead to more efficient growth of wealth – has been heavily challenged by a more cautious approach, with a push towards increased transparency and investor protection.
April 29, 2011
The Board of Trademarks has clarified that, even if a trademark is visually and phonetically similar to an earlier registered trademark, the later mark can be registered if the respective goods are of a different nature. This article describes the COOLON versus COLON (and design) case.
April 29, 2011
Experienced Thai patent agents know that obtaining a Thai patent can be time consuming, especially as a patent application may spend most of the patent term (which begins on the filing date) pending grant. Once patent rights have been won, the patentee must be vigilant not to let the patent lapse due to non-payment of the annuities. The patentee or annuity service provider may miscalculate the annuity payment deadline, often because of different laws in multiple jurisdictions with which the patentee must contend.
April 29, 2011
In Thailand, laws relating to the enforcement of patent rights mainly involve the Patent Act of 1979, as a substantive law, and the Act for the Establishment of and Procedure for the Intellectual Property and International Trade Court of 1996, as a procedural law. Those Acts contain provisions relating to patent enforcement, particularly the rules of obtaining evidence from the opposing party. These provisions of law make civil suits on patent infringement worth pursuing.
April 29, 2011
In Thailand, marital property is referred to as Sin Somros. Section 1474 of the Civil and Commercial Code provides that Sin Somros consists of: (1) earnings and most other property acquired during marriage; (2) property acquired during marriage through a will or gift made in writing if it is declared by such will or document of gift to be Sin Somros; and (3) fruits of Sin Suan Tua (non-marital assets). This article examines the division of marital assets and debts under Thai law.
April 29, 2011
On March 19, 2010, the Drug Administration of Vietnam issued a notification to request that local Departments of Health in all cities and provinces of Vietnam step up the inspection and supervision of cosmetics from being circulated in the market. Accordingly, the local Departments of Health are coordinating with 127 local and central government agencies to inspect and supervise distribution and after-sale activities in the cosmetics industry. This article looks at the campaign.
April 29, 2011
In Thailand, most IP owners prefer to proceed with their cases under criminal law due to the uncertainty of obtaining compensation, costs to litigate the full court case, delays of trials, and other difficulties often associated with civil litigation.  The favorable advantage of prosecuting an IP case as a criminal action is that it can result in seizure of the infringing products.  The infringer would cease or hold manufacturing and distributing their infringing products and would be prosecuted in a criminal lawsuit by the police and the public prosecutor.