Thailand’s intellectual property system offers a variety of robust forms of protection for IP owners. But this was not always the case. Just 15 years ago, IP owners in Thailand had many fewer options available to them in defending their rights. In order to understand Thailand’s IP system today, it is worthwhile to reflect on how these new forms of protection came into being. This article provides an overview.

In September 2010, consumers and consumer activists welcomed the passage of a new law aimed at controlling the behavior of creditors during the collections process. The new law, known as the Demand for Payment of Debt with Fairness Act (DPDF), represents a major effort to control the ongoing problem of harassment of debtors by protecting their rights. The main objective of the DPDF was to address the concerns of consumers and consumer advocacy groups over the increasingly aggressive tactics employed by creditors in the loan and credit card businesses.

This chapter provides an overview of restrictive covenants and trade secrets laws in Thailand, with a focus on both the drafting and enforcement of these covenants. The chapter reviews governing legislation, the types and permissible scope of restrictions, other legal requirements, and litigation issues.

A group of colors, the combination of two colors or more, form a kind of mark (group of colors mark) that can be registered under the Thai Trademark Act. Presently, there are few examples of group of colors marks registered in Thailand; few owners of such marks seek registration, and a number of applications have been rejected due to nondistinctiveness. Complicating matters is the lack of a standard by which a Registrar may consider the uniqueness of a group of colors mark.

During the past two years, market fluctuations across the globe have forced companies to realign traditional strengths with future growth aspirations.  Technology and its accompanying intellectual property is seen by most governments and businesses as the logical bridge to get from the old to the new.  Asian companies are making this arguably quantum leap by acquiring Western technologies that are now up for sale.

To avoid lawsuits and damages, employers should be cognizant of the concept of “constructive dismissal” and its implied application in Thailand. Those from Western jurisdictions may be familiar with the concept of “constructive dismissal” in labor contexts. Constructive dismissal refers to a situation where the employer does not actually terminate the employee’s employment, but the employer’s conduct towards the employee is so bad that the employee feels that he or she has no choice but to resign. The employer’s conduct must also amount to a material breach of the employment contract.

In this era of knowledge-based economies and accelerating technological developments, intellectual property (IP) is often the most valuable asset of a corporation.

Two weeks ago we discussed first steps open to a company that is suffering from infringement of their intellectual property (IP) rights. In this article we look further down the line at how a company can effectively seek a remedy in the most efficient ways available. As a first step, IP owners should pursue preliminary measures, such as sending a cease-and-desist letter. If these initial attempts fail, you may consider taking more formal steps to deal with the infringer.