You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 21, 2012

Bangkok Post: U.S. Unfair Competition Laws Will Impact Software Piracy in Thailand

Subscribe to Updates
Bangkok Post

New legislation in the United States will help to crack down on companies that use pirated software in Thailand, according to a feature report in the Bangkok Post, published on August 19, 2012.

A total of 36 U.S. states and territories have passed Unfair Competition Acts, under which action can be taken against companies that use stolen or pirated IT in the production of their goods. This applies to all goods marketed or sold in these jurisdictions, even if they are manufactured abroad.

Wiramrudee (Pink) Mokkhavesa, attorney-at-law in the intellectual property group at Tilleke & Gibbins, warns that American companies have been quick to commence legal actions under these laws. “Companies and attorneys-general in the U.S. have already started sending notices to many Thai manufacturers warning them to replace stolen IT,” she said.

Thai manufacturers are likely to continue to face such actions, as software piracy remains a major problem in the Kingdom. The commercial value of pirated software in Thailand amounts to THB 26.4 billion, almost three times the value of sales from legal products.

To minimize risk, local businesses would be well advised to review their IT systems and supplier networks to ensure legal compliance. By doing so, Thai companies may open up new opportunities for themselves, according to Darani Vachanavuttivong, co-managing partner and managing director of the Tilleke & Gibbins IP team. “This is a good opportunity for Thai entrepreneurs because if we can comply with the law … we can also promote our products by telling our customers that we use legitimate IT in every manufacturing process,” she said. “It is a great chance to act before our competitors.”

Download Full Article
RELATED PROFESSIONALS

Industries

Technology

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

March 12, 2021
On February 1, 2021, the Myanmar military declared a state of emergency in the country and took control of the government, arresting State Counsellor Aung San Suu Kyi, President Win Myint, and other senior government officials from the National League for Democracy. The seizure of power, and the government’s subsequent actions to suppress public protest and dissent, have received widespread international condemnation.  The USA, Canada, and the UK have reacted by imposing economic sanctions on certain companies and individuals, and more sanctions are expected as the situation in Myanmar evolves. These sanctions pose a major concern for foreign investors with interests in Myanmar—concern which is exacerbated by the lack of clarity about the current situation on the ground. To address these issues, Lex Mundi is bringing together leading legal authorities on the topic from Myanmar, Canada, the United States, and the United Kingdom for a special webinar on March 23, 2021. The speakers, which include Tilleke & Gibbins counsel Ross Taylor, will discuss the situation on the ground in Myanmar; how the sanctions imposed this time differ from previous restrictions on Myanmar under earlier regimes; the impact of the sanctions imposed by each country; and the practical impact of sanctions on companies with operations in or relating to Myanmar. The session will be followed by a Q&A with all speakers, where attendees will be able to address any specific queries they might have. For more details and to register for this free webinar, please visit the event information page.
Read More
March 4, 2021
On February 26, 2021, Yuwadee Thean-ngarm was the moderator for a finance- and technology-focused online discussion on the current situation in Myanmar, organized by the Thai Business Association (TBAM). She was joined by three distinguished panelists: Chana Sindhvananda, minister counsellor from the Royal Thai Embassy in Yangon; Nuttaphong Visitkitchakarn, chief representative from Kasikornbank PCL’s Yangon office; and Passakorn Hongsyok, general manager of Myanmar Information Highway Ltd. Together, they discussed how banking and finance operations, technology and social media usage, and Thai citizens’ daily lives are faring during the current political turmoil in the country. The Thai-language event, which was streamed live on Facebook, provided valuable practical business insights that have been difficult to find amid the intense interest and speculation on political developments since the military took power in February 2021. The speakers’ insights included detailed information on how banking activities are functioning during this time, the various government orders causing fluctuations in the availability of internet and social media services, and how the Thai government is caring for its citizens in Myanmar and keeping abreast of the situation. The recording of the discussion is available on the TBAM website.
Read More
March 1, 2021
On March 3, Varapa Aurat, head of Tilleke & Gibbins’ tax team in Bangkok, will deliver a webinar entitled “Tax 101: What E-commerce Startups Need to Know.” The webinar, cohosted by Tilleke & Gibbins and True Digital Park—one of Southeast Asia’s largest tech and startup hubs, will give Thai small business owners an opportunity understand local tax regulations to help them ensure their operations are compliant. During the hour-long session, Varapa will provide an analysis of key tax laws in Thailand that Thai companies should be aware of, including an overview of common pitfalls for small business owners. She will also lead a discussion on whether recent amendments to the Revenue Code to impose VAT on e-services will have an impact on local operators. The webinar will be broadcast via Facebook Live on Wednesday, March 3, from 6:30 to 7:30 p.m. In order to register for this session, which will be presented in Thai, please visit the event page on Tilleke & Gibbins’ Facebook page. Should you have any questions or require any further information, please send an email to [email protected].
Read More