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San Chaithiraphant

Senior Associate

Biography

San Chaithiraphant is a senior associate in Tilleke & Gibbins’ intellectual property group in Bangkok. With extensive experience in intellectual property and technology-related matters, San assists clients with a wide range of legal needs, including patent prosecution, claim drafting, freedom-to-operate searches, and others. He also handles contentious patent matters and advises companies across all industries on copyright issues.

San excels in the technological fields of chemistry, materials science, computer-related inventions, and life sciences. He is part of Tilleke & Gibbins’ regional life sciences and technology industry groups, which bring together specialists from the firm’s offices across the region to offer comprehensive solutions to multinational companies.

With a deep understanding of inventive processes and commercialization, San’s advice is sought by innovators of all sizes, ranging from individual inventors, academic spinoffs, startups, SMEs, and publicly listed companies to local and international conglomerates. He is also a frequent guest lecturer on intellectual property at various leading universities in Thailand.

San holds an LLM in Intellectual Property and Digital Economy from the University of Glasgow, along with advanced degrees in engineering and chemical engineering. San is both a licensed engineer and a Thai-licensed lawyer.

Experience

  • Provided advice to a Thai startup in the personalized healthcare industry, which entailed drafting and prosecuting several international and national-phase PCT applications that contributed to the success of client’s seed funding and overseas establishments.
  • Advised a Thai publicly listed company in the energy industry on cross-border technology transfer projects relating to electrochemical cells.
  • Advised clients in the software industry on employee intellectual property agreements.
  • Advised a client in the fintech industry on a software licensing agreement.
  • Prepared arguments in support for a patent’s validity and infringement in landmark patent litigation on aquaculture technology, which was awarded the highest financial damages to date for a patent infringement case in Thailand.
  • Prepared a technology transfer license agreement between a Thai toy manufacturer (client and licensor) and a foreign manufacturer (licensee).
  • Provided freedom-to-operate and invalidity opinions to a Thai-foreign joint venture operating in the field of specialty polymers to assess legal risks before the construction of a production facility.
  • Provided a complex legal consultation relating to a Thai patent application on polymer synthesis, including non-infringement and prior-user rights analyses, and assessment of the strengths of defenses.
  • Conducted a patent landscape study and provided advice on the study to a Thai government’s research agency.
  • Led patent due diligence projects in the fields of medical devices and industrial engineering, among others.
  • Developed a track record of overcoming office actions against the patentability of certain types of computer-related inventions.
  • Conducted utility and design patents’ freedom-to-operate analyses, as well as infringement analyses, on behalf of clients in a wide range of industries.
  • Filed and successfully registered patents, petty patents, and designs with the Thai Department of Intellectual Property.
  • Represented clients in filing responses to office actions, oppositions, and cancellations to strengthen and defend their valuable patents.
  • Conducted regulatory due diligence for acquisitions by a number of multinational clients.
  • Advised on laws and regulations related to medical devices, drugs, and controlled foods.
  • Assisted clients in life sciences regulatory compliance through every stage of their products’ life cycles.
  • Supported clients’ market entries by advising on product promotional activities in a range of media.
  • Reviewed regulatory service agreements for several global medical device companies.
  • Provided advice on complex issues involving multiple fields of law, including contracts, intellectual property, regulatory affairs, computer crimes, and data protection.
ABOUT San

Industries

Life Sciences

Technology

Practices

Intellectual Property

Regulatory Affairs

Location

Languages

    Thai

    English

Education

    LLM, University of Glasgow

    LLB, Ramkhamhaeng University

    MChE, King Mongkut’s University of Technology Thonburi

    BEng, Chulalongkorn University

Insights

December 15, 2023
As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2023. This guide outlines the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Country Guides series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource for planning international business strategy and researching new markets. The full Guide to Doing Business in Thailand is available through the button below.
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December 20, 2022
The updated Thailand chapter of The Pharma Legal Handbook, published by Pharma Boardroom, is a comprehensive guide to the legal framework regulating the healthcare and life sciences industries in Thailand. The latest Thailand chapter was authored by four of Tilleke & Gibbins’ life sciences specialists in Bangkok: Alan Adcock, partner and and head of the firm’s regional life sciences practice; Dr. Atthachai Homhuan, director of regulatory affairs; San Chaithiraphant, senior associate; and Kittiya Nopparatrunroj, regulatory affairs consultant. The handbook is a must-read for healthcare and life sciences companies that are interested in exploring expansion into the Thai market. The guide is broken into ten easy-to-read sections that delve into various aspects of local regulations: Regulatory, Pricing, and Reimbursement Overview Preclinical and Clinical Trial Requirements Marketing, Manufacturing, Packaging and Labeling, Advertising Traditional Medicines and Over-the-Counter Products Product Liability Patents and Trademarks Regulatory Reforms Cannabinoid Drugs, Medical Cannabis, and Opioid Drugs Orphan Drugs and Rare Diseases Localization Biosimilars and Biologics A preview of the Thailand chapter is provided via the PDF button below, and the complete guide is available for purchase on the Pharma Boardroom website (use promotional code Tilleke10 for a 10% discount).
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April 1, 2022
Thailand Legal Basics, a valuable primer for foreign investors, explores all aspects of living and doing business in Thailand. Written by specialists at Tilleke & Gibbins in Bangkok, it is the only comprehensive English-language guide to the Thai legal system with a focus on the concerns of foreign business and investment.
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Awards & Rankings

April 4, 2024
Tilleke & Gibbins is delighted to announce its nomination for the Most Innovative Lawyers in Science and Technology award in the Financial Times (FT) Innovative Lawyers APAC 2024 awards. The nomination recognizes the efforts of the firm’s technology team in providing strategic counsel to Amazon Web Services and Google for the establishment of their first data centers in Thailand. The Innovative Lawyers APAC awards celebrate legal firms and in-house teams that have demonstrated ingenuity in delivering exceptional value to businesses and society. Tilleke & Gibbins’ nomination, which recognizes the firm’s commitment to pioneering solutions, is the second consecutive year that the firm has been nominated in these prestigious awards. Winners will be revealed at a ceremony in Hong Kong on May 16, 2024. To read more about the Innovative Lawyers APAC 2024 awards and to browse a full list of shortlisted organizations, please see the FT website.
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March 12, 2024
Tilleke & Gibbins has been nominated for three esteemed awards at the upcoming Chambers Asia-Pacific and Greater China Region Awards 2024: Thailand Firm of the Year Vietnam Firm of the Year Outstanding Firm for Diversity & Inclusion The nomination for Thailand Firm of the Year marks Tilleke’s fourth consecutive nomination and 10th overall since 2010, with the firm previously clinching the award in 2014. The firm is also a repeat nominee for the Outstanding Firm for Diversity & Inclusion award, while this is the first time Chambers has shortlisted Tilleke for the Vietnam Firm of the Year category in these awards. The winners of the Chambers Asia-Pacific and Greater China Region Awards 2024 will be announced at an exclusive in-person event scheduled to take place in Hong Kong on May 29, 2024. To learn more about the Chambers Asia-Pacific and Greater China Region Awards 2024 and browse the full list of nominations, please visit the Chambers and Partners website.
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February 9, 2024
World Trademark Review has released the 2024 edition of the WTR 1000, its annual rankings of the leading trademark lawyers around the world. Tilleke & Gibbins’ regional intellectual property team showed another stellar performance this year, building on the firm’s reputation as a regional powerhouse for trademark-related matters in Southeast Asia. In the 2024 rankings, the firm’s offices in Thailand and Vietnam have retained their top-tier Gold Band rankings, while the Indonesia office achieved a Silver Band ranking in the Prosecution and Strategy category and a Bronze Band ranking in the Enforcement and Litigation category. In the Cambodia rankings, Tilleke & Gibbins was placed in the top tier (Highly Recommended), while the firm’s Yangon office again appeared in the single-tier Myanmar rankings. World Trademark Review does not currently publish rankings for Laos. In addition, a record 23 Tilleke & Gibbins attorneys across the region earned individual accolades in the 2024 edition of the WTR 1000: The WTR 1000 is a trusted resource for companies and individuals seeking world-class legal assistance with trademark-related matters. The directory’s rankings are based on in-depth research to identify key firms and individuals leading the way in trademark-related legal practice. Depth of expertise, positioning in the market, level of activity, and peer and client feedback are all factored into the rankings. The full rankings for Cambodia, Indonesia, Myanmar, Thailand, and Vietnam are available on the WTR 1000 website.
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