April 29, 2011

Supreme Court Ruling on Business Duplication Has IPR Repercussions

Bangkok Post, Corporate Counsellor Column

Many companies have regretted trusting their employees and even business partners with their intellectual property rights (IPR). When a business becomes successful, it runs the risk of some employees or business partners believing that they could set up a similar business and apply key insights gleaned from the company’s IPR to attract the same customers and gain greater profits and market share. And when the fortunes of a business decline, a company may have to watch out for employees or business partners deciding to jump ship and setting out to utilize the IPR in what they hope will be a more effective fashion. On August 23, 2010, the Supreme Court (Dika Court) rendered an important decision (Case No. 864/2553) regarding this type of business duplication.

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