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June 14, 2011

Enhancing Government Relations in Thailand

Informed Counsel

The legislative process in Asia is increasingly opening up to public comment and participation. Smart companies take advantage of this by monitoring the latest developments and actively participating in informing, educating, and advocating knowledge with policymakers. By forming key relationships with policymakers, companies can improve their ability to successfully negotiate the bureaucratic obstacles that they may encounter when doing business in Thailand.

 

 

RELATED INSIGHTS​ 

March 13, 2026
Vietnam’s Law on Intellectual Property (IP Law) has undergone continuous amendment in recent years, with the latest amendment issued at the end of 2025. Among the amended and supplemented provisions, the regulation that has perhaps attracted the most attention is a provision relating to the use of protected IP objects by artificial intelligence (AI) systems. Specifically, Article 7 of the 2025 IP Law introduces a completely new Clause 5, which reads in full as follows: “Organizations and individuals are permitted to use texts and data relating to intellectual property objects that have been lawfully published, and which the public is allowed to access, for the purposes of scientific research, experimentation, and training of artificial intelligence systems, provided that such use will not unreasonably affect the legitimate rights and interests of the authors and intellectual property rights holders in accordance with this Law. With respect to texts and data that are objects protected by copyright and related rights, the use of the texts and data as set forth herein must also be in accordance with the regulations of the Government.” Analyzing this newly added provision in the context of how it was conceived, as well as the challenges that still lie ahead, can provide some interesting insights. From Aspirations to Flight in Science and Technology From the end of 2024 and throughout 2025—the 50th anniversary of the country’s reunification—Vietnam witnessed numerous sweeping changes in many areas, including legislative development. It could be said that no sessions of the National Assembly have ever adopted as many laws, resolutions, and major policies as this one. The aspirations of the highest-level leadership have been concretized into major law and policy projects, which were drafted, developed, and passed at record speed. All of this was aimed at building a foundation for Vietnam to achieve
March 12, 2026
Thailand’s AI legislative framework took another step forward when the Office of the Consumer Protection Board (OCPB) issued a notification establishing guidelines for AI-generated advertising that may cause material misunderstanding about products or services. The notification, which is already in effect, was issued under the Consumer Protection Act B.E. 2522 (1979) and its amendments, which prohibit advertising that is unfair to consumers or may cause harm to society, including false or exaggerated statements and statements that may cause material misunderstanding about products or services. The notification addresses emerging advertising practices, including the use of images edited using software or AI to attract consumer interest or build credibility. The OCPB noted that such advertising may result in consumers misunderstanding the essential characteristics, condition, or usage of products, which violates consumer rights and causes damage. Key Requirements on AI-Generated or Digitally Manipulated Advertising Content For advertisements using still images or videos created or edited with software programs or AI tools that may cause the depicted product or service to differ from the actual product sold or service provided—which may cause misunderstanding regarding the condition, quality, quantity, or other essential aspects of the products or services—advertisers and business operators must comply with the following requirements: Prior authorization. Obtain approval from relevant regulatory authorities where required by law. Accurate representation. Ensure that the advertised size, quantity, volume, number, or composition matches the actual product or service being sold, whether in still images or videos. Mandatory AI disclosure labels. Display clear disclosures when AI or software is used to create or edit images, such as: “Real image or simulation edited using AI” “Photo from actual location or simulation edited using AI” “Photo from actual product or edited simulation” “Image created by AI” “Video created by AI” Clarity of disclosure. Ensure disclosures are clearly visible,
March 10, 2026
Indonesia’s trademark prosecution process has been significantly streamlined with Ministry of Law Regulation No. 5 of 2026 (MOLR 5/2026) coming into effect on February 23, 2026. In straightforward cases without opposition, applicants may now see their trademarks proceed to registration within three months from filing—a substantial improvement over previous practice. The regulation also introduces detailed procedures for recording changes of name and address and for transferring rights over pending applications. It enhances the role of the Ministry of Law’s regional offices in assisting local individuals and SMEs, adds provisions governing force majeure situations, implements new requirements for collective trademarks, and formalizes several practices already in place. Substantive Examination Acceleration The most significant change under MOLR 5/2026 concerns substantive examination. The regulation now explicitly requires that applications be published within 15 days of filing, followed by a two-month publication period. Oppositions must be filed only within this window; late submissions will not be processed, even if the system accepts payment. The new regulation requires the Trademark Office (TMO) to forward copies of any opposition to applicants within 14 days of receipt. If no opposition is filed, substantive examination begins immediately after the publication period ends and will be completed within 30 days. If an opposition is filed, the examination is to be finalized within 90 days of the counterstatement filing date. These timelines enable unopposed applications to move from close of publication to final decision in roughly one month. If an application is provisionally refused during ex officio examination, the applicant has 30 working days from the date of notification to file a response. However, the regulation does not specify the timeline for subsequent reexamination after the response is filed. In recent practice, the TMO has been completing reexamination within approximately two to three months. Ownership Recordals May Pause Substantive
March 10, 2026
Thailand’s Ministry of Finance and Securities and Exchange Commission (SEC) have issued regulations broadening the criteria for determining who qualifies as a “major shareholder” of licensed securities and digital asset business operators. Under relevant SEC regulations, major shareholders of a regulated entity must obtain regulatory approval and undergo screening by the SEC. The revised framework introduces both shareholding-based and control-based tests to determine which shareholders require regulatory approval for a wider range of indirect ownership structures and de facto control. The Ministry of Finance notification took effect on February 21, 2026, while the SEC’s clarifying rules took effect on March 4, 2026. These changes aim to enhance transparency around beneficial ownership and strengthen regulatory oversight of entities operating in Thailand’s capital markets. Expanded Definition Under the revised framework, a “major shareholder” now includes persons who directly or indirectly hold more than 10% of the voting rights in a regulated company, as well as persons who exercise control over the regulated company or its shares. This system of two separate tests, based on both shareholding and control, differs from the prior regime, which focused primarily on shareholding thresholds and applied a more limited method for determining indirect shareholdings. The two tests (detailed below) operate independently of each other, and any person identified by either of the tests will be deemed a major shareholder. Shareholding-Based Test Broadens Indirect Ownership Attribution For the shareholding-based test, the SEC recognizes two existing methods for identifying indirect ownership, together with a new proportional attribution method. Any person captured under these methods, which are described below, will be regarded as a major shareholder of the regulated company and must obtain SEC approval as a major shareholder. First, the existing framework continues to apply to both first-tier and chain ownership structures. Approval is required for (1) first-tier