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 10, 2015

Opinion: Quit Moaning and Fix Thailand’s Problems

Bangkok Post, Corporate Counsellor Column

Below is an excerpt from a talk recently given by David Lyman, Chairman & Chief Values Officer at Tilleke & Gibbins, at an event organized by the Foreign Correspondents Club of Thailand. This excerpt was republished by the Bangkok Post newspaper on August 10, 2015. The views expressed are those of the author and do not necessarily reflect those of Tilleke & Gibbins.

Historically, the U.S. is not thrilled by military coups, particularly those which it does not orchestrate. They are anathema to the U.S. foreign policy dictum of “love only democracies.” Why such coups occur is of minor importance. 

As to the May 22, 2014, Thailand coup, my personal, and probably controversial, view as a long-term American resident in “Amazing Thailand” is that the Thai military did the right thing. Short of an outbreak of civil war, then brewing, there was economic standstill and a dearth of other viable options to untangle the Gordian knot of the Thai political turmoil.

Let’s not further rehash the negatives of the U.S. lambasts directed at Thailand and the Thai reaction of resentment at being lectured by the U.S., coupled with the Thai “loss of face” precipitating the so-called usual Thai denial of responsibility and their blame-someone-else responses/reactions; while the authorities appoint another committee to investigate. Instead, I would like to bring to the forefront the positive ongoing achievements and contributions by both the Thai and the Americans to promote/repair/cement the long standing relationship between the U.S. and Thailand. Given the evidence I am aware of, it is flourishing. That age-old world alliance and partnership does not falter nor fall apart just because of periodic publically announced criticism. In terms of the passage of time, what is happening now is just a hiccup. H.E. the Thai Prime Minister knows this and has reacted accordingly. In this respect he has been level-headed and stabilizing.

While I disagree with a number of the actions of both Thailand and the U.S. emanating from the coup of May 2014 and its aftermath (by the way, that was the 13th coup I have experienced during my sojourn here), and accepting that the Thai economy is lacking, I am supporting the continuing efforts by both sides to build the ideal Thailand world we all hope will arrive.

My advice to all is: Don’t be derailed by the occasional outbursts of critical rhetoric, even if they are not the wisest form of discreet diplomacy. Neither country in this arena is perfect or without their own share of missteps, faults, and failures. Both parties in any relationship have to do what has to be done to achieve legitimate objectives, to revitalize and to reinforce that relationship. They have to get on with it. And, despite opinions to the contrary, that is what is happening between Thailand and America today.

Give Thailand the time and the slack it needs to change for the better, as is the stated policy of this government, to undo the many decades of accumulated abuses, defects, corruption, money politics, and neglect by an endless line of previously democratically elected governments, politicians, civil servants, the business community, the military, and the police.

Get real—substantive instant solutions do not exist. The right end result goal cannot be achieved overnight, or even in a few months or perhaps years. Perfection requires patience to get it right. “Thai-style” democracy, or the perceived abatement thereof, appears to be at the heart of this discourse. Yes, there have been and will be mistakes, back sliding, misdirections, oversights, excesses, and failures along the path of learning the most effective ways to prevail and reach the target, consistent with local and international expectations.

Bear in mind what history has taught us: “… that governments too often do not act or pursue policies which are in their own best interests,” attributed to the American historian Barbara W. Tuchman in her book, The March of Folly.

Since first proposed by President Woodrow Wilson back during World War I, 100 years ago, the U.S. has espoused the foreign policy of “Saving the World for Democracy.” This fundamental policy took hold in the 1930s and guided the U.S. through stopping the spread of Nazism and fascism in the West and Japan’s militancy in the East before and during WWII. The Truman Doctrine of 1946, the Marshall Plan, and Churchill’s “Iron Curtain” counterpolicies set the course of the Cold War for five decades, inclusive of the Korean and Vietnam conflicts—in its simplest synopsis of being democracy/capitalism vs communism. Those were wars of ideology for the hearts and minds of people and nations, as well as wars of economics. Today, a new war of crimes against humanity has emerged and grown against the spread of fundamentalist Islam’s onerous attempts to impose their ideology on others.

As said earlier, in its endeavors to spread democracy around the world, the U.S. has not always been right in all that it says or does, far from it. Hypocrisy and duplicity and just plain ignorance have not been lacking in the U.S. or its government leaders. But let’s not get bogged down on analyzing historical misadventures.

For the past 83 years Thailand has struggled valiantly to find the best form and type of democracy that will suit the needs and aspirations of this country and its people. They are still working at it. The classic democracy form of government, as defined by the ancient Greeks and Romans, i.e. rule by an unfettered majority, did not and does not work. I can elaborate more on that in the Q&A if you would like.

What has worked, to one degree or another, is “Constitutional Democracy.” This is where a constitution reigns as the supreme law of the land and the rights of the minority are protected. The classic example is the U.S.—which is actually a republic, not a democracy.

Some of the key elements of a constitutional democracy are: a comprehensive constitution, an open legal framework, stable political systems, adherence to the rule of law, freedom of expression, limits on the powers of what governments and their leaders can and cannot do, checks and balances on the actions of the basic branches of government—the executive, the legislature, and the judiciary—to prevent abuses by any of them and the people who run them, an informed and responsible electorate—both those in power and those in the opposition—to keep each other honest, and elections by the whole population of responsible and accountable representatives. Former Thai Prime Minister Anand Panyarachun defined it in his 7 Pillars of Sustainable Democracy:  “elections, political tolerance, the rule of law, freedom of expression, accountability and transparency, decentralization, and civil society.” Political activism is a necessary component as well.

The 18 previous Thai constitutions have failed to achieve their desired results. Hence the concerted efforts of current minds to formulate that elusive perfect solution to be embodied in the upcoming next constitution. As to why they have not worked in the past, basically the then-existing Thai constitutional system of checks and balances failed, repeatedly, as the popularly elected majority in power abused and misused their powers for personal gain.

There are two rival theories of constitutional democracy—one founded in England (by John Locke), with which we are familiar, and the other founded in France (by Jean Jacques Rousseau), the country where in the 1920s and 1930s Thailand’s Plaek Phibunsongkhram and Pridi Banomyong were schooled. These men were the leaders of Thailand’s revolution in 1932 which transformed the then-existing absolute monarchy into a constitutional monarchy. The two approaches, the British and the French, to constitutional government conflict in their definitions of governing. The then Thai leaders adopted the French style of constitutional democracy.

Let’s get back to my main strategy—supporting activities to strengthen the Thai–U.S. relationship. Most, if not all, of the civilians in the current Thai cabinet are U.S.-educated. As are some of the military ministers. They understand where America is coming from, and support the principles which built that nation. They understand the cultural differences yet maintain their Thainess and Thai values.

The U.S. Mission in Thailand is perhaps the second-largest in the world. There are over 70 U.S. government agencies represented here, many with regional as well as Thai responsibilities. As I recall, there are probably about 4,000 U.S. and Thai staff based here, including their families. Many of these agencies and people work quietly behind the scenes to help Thailand achieve its greatness in this world of nations. For instance, extensive and broad training and cooperation of the Thai police and justice officials on catching bad guys is ongoing and all encompassing. American government health and agencies, like AFRAMS and the CDC, work with Thai researchers and medical personnel—as in helping Thailand to develop a vaccine to prevent malaria and dengue fevers and deal with other tropical medicine needs.

A number of these agencies are working to help Thailand with its environmental challenges, such as working to stop the poaching of wildlife, the destruction of forest reserves, and stopping the criminal trafficking of wild flora and fauna. Next to smuggling of drugs, guns and people, such illicit activity is the next largest money generator on this planet for organized crime.

Just recently Thailand opened up U-tapao air base and Sattahip military port for the U.S. and Thailand to provide humanitarian relief and assistance to the earthquake victims in Nepal, helping to save countless lives.

The Peace Corps continues to receive support from both countries. As does the work of the Asia Foundation, the Rockefeller Foundation, and the Kenan Institute, among others.

The Thai-US Creative Partnership promoting innovative ideas and creative technology research and practices across a wide range of disciplines is flourishing.

Thousands of Thai students are helped here with their educational needs and advice on educational opportunities in American educational institutions. The Fulbright and American Field Service Scholarship programs continue.

America returns to Thailand hundreds of Thai antiques in need of their homeland. Cultural exchanges continue unabated. The U.S. provides financial support for the restoration of Thai religious and ethnic heritage sites. It just supported the Thai teams for the 2015 Special Olympics.

And yes, despite the speculations to the contrary, multilateral security cooperation and Cobra Gold is still up and running.

American private sector businesses have long represented a substantial portion of the foreign investment in Thailand. And more are coming to and being welcomed here. Concurrently, Thai businesses are now investing in the U.S. No relationship tensions here that I am aware of.

On the Thai side, consistent with its reform program, over the past year the government has shepherd through a raft of needed legislation addressing many issues of national significance. To date, about 110 new laws and amendments to existing laws have been adopted since June of last year—83 published in the Government Gazette  and 27 awaiting publication. They deal with the economy, agriculture, human trafficking and exploitation, corruption, energy and the environment, communications, budgeting and taxation, education, domestic and wildlife animals welfare, fishing, migrants, immigration, transportation, water management, regional cooperation (AEC and Asean, for example), plus addressing other problems plaguing Thai society. The next and very crucial step, of course, is to monitor the implementation and enforcement of these and preexisting laws.

Many more laws in the pipeline are in various stages of development. Some have risen to the top because of both local civil society and international pressures—there is an old saying which holds true for many communities, that “It’s the squeaky wheel which gets the grease.” And Thais do hear and respond to threats to their international image and reputation. The U.S. does not react to such threats.

I am running out of time so I will wrap up my remarks. Having lived in Thailand professionally for the past 48 years, plus a few more starting in 1949, some 66 years ago when my parents moved to what my father called “Old Siam,” I have witnessed numerous ups and downs in the U.S.–Thai love affair. Yes, over the years there have been squabbles, bruised egos and some caustic differences, but the fundamental underlying mutual respect and trust between these two nations has never waned or been seriously threatened or been placed in jeopardy of no return.

Look at the fundamentals. While they differ on some of the details, both countries want what they perceive is best for Thailand and its people.

The U.S., by its unappreciated and overbearing condemnations, is not acting out of spite or with malice. Some of its actions are dictated by U.S. domestic law. American foreign policy is obsessed with the concept of elections, though, in my view, not so much with what happens after the elections. The U.S. longstanding guiding principle is that “what’s good for America is good for Thailand—and good for the rest of the world, too.” A little arrogant and naive, probably, to some extent impractical, and while perhaps not sensitive enough to non-American cultural values and differences, the hearts of the vocal American officials, like those of well-meaning Thai officials counterparts, are in the right place.

Let’s calm frayed nerves, assuage quick tempers, ask the players to keep their mouths tightly zipped shut, and get on with the stated objective of supporting Thailand in its quest for the sorely needed reforms to its systems, its infrastructure, its political societies, and in overcoming the barriers to attaining those goals, through a Thai-originated solution. That will be a win-win scenario.

RELATED INSIGHTS​ 

July 27, 2026
A new decree on penalties for violations related to the crypto asset market creates compliance risks for offshore crypto asset exchanges in Vietnam that do not hold, and practically cannot obtain, a Vietnamese license, and for Vietnamese users who continue to transact on those platforms. Decree No. 284/2026/ND-CP (Decree 284), issued by the government of Vietnam on July 16, 2026, formally establishes an administrative penalty framework for violations related to crypto assets and the crypto asset market. The decree takes effect on September 1, 2026, and will remain in force for the duration of the five-year pilot program under Resolution No. 05/2025/NQ-CP, which is scheduled to end in September 2030. Direct Penalties on Vietnamese Users The most immediate commercial risk to offshore platforms is that their Vietnamese users now face direct personal liability for using their exchanges. Vietnamese users who trade crypto assets outside of a Ministry of Finance-licensed service provider face fines of up to VND 50 million (approximately USD 1,900). Vietnamese users trading in crypto assets that are offered or issued to foreign users face higher penalties of up to VND 100 million (approximately USD 3,800). It is expected that Vietnamese users will be more willing to migrate away from offshore platforms now that there is a risk of real enforcement against them. Penalties on Unlicensed Service Providers Violations of providing crypto asset services or advertising crypto-related services without a license face fines of up to VND 200 million (approximately USD 7,700). Operating a crypto asset trading market without proper authorization falls within the same highest penalty bands. Organizations that violate issuance, provision, or disclosure rules may face fines of up to VND 200 million. Although the maximum administrative fine per violation is capped at VND 200 million for organizations and VND 100 million for individuals, these
July 27, 2026
Tilleke & Gibbins’ intellectual property specialists have authored the Thailand chapter of Trade Secrets 2026 from Chambers and Partners. This global guide examines the legal frameworks governing trade secret protection, enforcement, and litigation across jurisdictions worldwide. The Thailand chapter provides a comprehensive overview of the country’s legal regime for protecting confidential business information, covering the legal framework, trade secret misappropriation, litigation procedures, remedies, and dispute resolution. Some topics covered include: Protectable trade secrets Reasonable measures to maintain secrecy Employee confidentiality Trade secret licensing Civil and criminal remedies Litigation procedures and injunctions Damages and other remedies Mediation and arbitration The guide also examines practical issues relating to safeguarding trade secrets, defending against allegations of misappropriation, and managing trade secret disputes in Thailand. Chambers and Partners’ Global Practice Guides provide in-house counsel with authoritative commentary on practical legal issues affecting business, enabling readers to compare legislation and procedures across multiple jurisdictions. The Thailand chapter of Trade Secrets 2026 is available as a PDF through the button below. The full guide can be accessed for free on the Chambers and Partners website.
July 27, 2026
In March 2025, Thailand’s Central Intellectual Property and International Trade Court (IP&IT Court) issued a landmark judgment in favor of Luckin Coffee, China’s leading retail coffee chain. The judgment marked a significant turnaround following earlier trademark litigation involving Luckin Coffee from 2021 to 2023 that had generated widespread public attention and raised questions about the protection available to legitimate foreign brand owners in Thailand. In a significant subsequent development, Thailand’s Court of Appeal for Specialized Cases has now affirmed the IP&IT Court’s judgment in its entirety. The appellate decision brings clarity to one of Thailand’s most closely watched trademark disputes. Significantly, this is the first case in Thailand to formally recognize the trademark squatting principle. The Court of Appeal confirmed that Luckin Coffee has a better right to the disputed mark and ordered cancellation of the defendants’ trademark registration—a key application of the “better right” doctrine. The court also upheld the substantial damages awarded at first instance, providing important guidance on assessing harm from systematic trademark squatting. Award-Winning Judgment Affirmed in Its Entirety The significance of the first-instance judgment extended beyond the outcome for Luckin Coffee. The IP&IT Court judgment was subsequently recognized in the IP&IT Court’s Distinguished Judgment Awards in 2025, reflecting the complexity, novelty, and legal significance of the issues considered in the case. The defendants nevertheless appealed the judgment, challenging several key aspects of the IP&IT Court’s decision. Luckin Coffee continued to entrust Tilleke & Gibbins as their sole attorney to pursue the case at the appellate level. After considering the defendants’ appeal and Luckin Coffee’s submissions in response, the Court of Appeal affirmed the first-instance judgment in its entirety. The judgment was announced on July 8, 2026. Better Right to the Marks The Court of Appeal confirmed Luckin Coffee’s superior rights. The orders include cancellation
July 24, 2026
As food innovation continues to accelerate, manufacturers are increasingly introducing ingredients derived from new sources, produced using novel technologies, or lacking a significant history of human consumption. While these innovations create new opportunities for the food industry, they also raise important questions regarding consumer safety. For this reason, many jurisdictions, including Thailand, the European Union, Australia and New Zealand, Canada, and Singapore, require a premarket safety assessment for novel food ingredients before they can be placed on the market. The objective of this assessment is to ensure that each ingredient is safe for its intended use and level of consumption, does not present toxicological, allergenic, microbiological, or nutritional concerns, and will not mislead consumers. Scientific authorities typically evaluate the ingredient’s identity, manufacturing process, composition, specifications, anticipated dietary exposure, toxicological information, nutritional impact, and history of use before determining whether it can be marketed. Against this background, the Thai Food and Drug Administration (FDA) recently took an important step toward improving regulatory transparency by publishing, for the first time, a consolidated public list of substances that have successfully completed the Thai FDA’s safety assessment process, including substances determined to be novel foods and those determined not to fall within the novel food category. The list identifies the approved substances, the corresponding manufacturers or importers, approval dates, and the approved conditions of use. Although the publication does not change the existing legal framework governing novel food approvals, it provides businesses with greater visibility into the Thai FDA’s regulatory precedents and the types of substances that have previously been accepted through the safety assessment process. The full announcement is available on the Thai FDA’s website. As the list is now publicly available, it also provides useful insight into the types of substances that have successfully completed the Thai FDA’s safety assessment process.