In Thailand, many of the world’s most successful franchise models have established themselves to cater to the sophisticated Thai consumer. Tilleke & Gibbins professionals Alan Adcock, partner and deputy director of the firm’s intellectual property practice, and Sriwan Puapondh, of counsel in the firm’s tax practice, cover all the terms most likely to present challenges for a franchisor in the Thailand chapter of International Franchising, Second Edition (Release 8, 2019), a guide providing analysis of franchising law and practice in 34 countries worldwide. The chapter covers the following principal subjects:
- National Legislation: An overview of the Thai laws applicable to franchising (including the draft Franchising Business Act), as well as the importance of due diligence, and common drafting pitfalls for franchise agreements
- Intellectual Property, Licensing, and Recordal: IP rights, confidentiality, and registration of license agreements
- Trade Competition: Price fixing, exclusive suppliers, exclusive product lines, geographic exclusivity, and applicability to foreign franchisors
- Franchisor Security: Liens, lease agreements, alien business law, non-compete clauses, securing guarantees, and trade secrets
- Taxation: Income tax and value-added tax
- Dispute Resolution: Litigation, mediation, and arbitration
- Termination: Dealing with rogue ex-franchisees, determining when to terminate, agreement review in preparation for termination, avoiding interference with replacement product registration certificates and import licenses
The full PDF of the chapter is available below. Tilleke & Gibbins also provided the Vietnam chapter of the International Franchising guide.
International Franchising is published by Juris Publishing and edited by the Center for International Legal Studies, an Austrian-based law research, training, and teaching institute that promotes and disseminates knowledge among members of the international legal community.