Getting the Deal Through – Licensing 2018, published by Law Business Research, provides a comprehensive guide to licensing in more than 20 countries in Asia, Europe, and the US with contributions by several leading international law firms. Alan Adcock, partner and deputy director of intellectual property, Siraprapha Rungpry, consultant, and Kasama Sriwatanakul, attorney-at-law from Tilleke & Gibbins’ Bangkok office co-authored the Thailand chapter of the guide, which covers the following topics:
- Laws: the Unfair Contract Terms Act, Trade Competition Act, pre-contractual disclosure, registration of international licensing, implied obligations, Civil and Commercial Code, Trademark Act, Patent Act, and Trade Secrets Act.
- Intellectual property issues: Paris Convention for the Protection of Industrial Property, PCT, TRIPs. Contesting the validity of licensor’s IP rights, invalidity and expiry of IP rights, evidence of use, licensing unregistered IP, opposability requirements, sub-licensing, co-owners, trade secrets, and copyright.
- Software licensing: perpetual licensing, import/export restrictions, improvements and modifications, user restrictions, and legal developments.
- Competition law: the Trade Competition Act, specific restrictions on licensing agreements, and significant court decisions.
- Indemnification, disclaimers, and damages: prevalence and enforceability of indemnity provisions and contractual waivers of damages.
- Termination: conditions, indemnity, agency, and impact on sub-licenses.
- Bankruptcy: impact of licensee bankruptcy on licensor and vice versa, protection, and rights to terminate.
- Dispute resolution: governing law, arbitration, enforcement, injunctions, contractual waivers
- Royalties and payments: currency conversion, tax, remittance restrictions, and jurisdiction-specific payments.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Licensing 2018 (published in February 2018; contributing editors: Fiona Nicolson and Claire Smith). For further information please visit the Getting the Deal Through website.