The Council of State of the Thai Government is currently reviewing draft amendments to the Trademark Act. There are several proposals on the table, including: (1) the allowance of multiple-class applications; (2) the abolition of the “association” requirement for identical/similar marks owned by the same company; (3) the inclusion of “smell and sound” in the definition of a “trademark”; and (4) the introduction of a grace period for renewal applications.

When a new entrepreneur starts to look for new opportunities, joining a franchise business is often one of the first business models to consider.   Small business ventures seeking a new product to excite the market and expand their customer base commonly enter into license agreements authorizing them to manufacture and/or sell inventive products. The number of Thai entrepreneurs who also are innovators is smaller than those who license technology from foreign innovators.

With worldwide publicity surrounding recent political protests in Thailand, renewed focus has been placed on the force and effect of protest movements in all facets of Thai society.  One area in which this social phenomenon has particular force is in organized labor disputes and, specifically, on the growing influence of employee strikes in Thailand.

In this time of economic turmoil, the improvement of trade logistics is crucial in increasing the efficiency of systems of distribution, warehousing, maintenance, freight forwarding, etc. Nations are faced with the need to accelerate development of local logistics infrastructure in order to compete globally and respond to market demand, and this need can be particularly acute in the pharmaceutical industry for active pharmaceutical ingredients in bulk or finalized products.

Under new Food and Drug Administration requirements, certain cosmetic products may need to be reclassified and re-registered. Previously, there had been three categories of cosmetics: general cosmetics, controlled cosmetics, and specially controlled cosmetics. Under the ASEAN Harmonized Cosmetic Regulation Scheme, all cosmetic products will need to be registered with the Thai FDA within the controlled cosmetics category, and the other two categories will be eliminated.

Unlike trademarks or patents where registration is required to obtain full legal protection to help verify ownership, qualified copyright works enjoy protection under the Thai Copyright Act from the moment of creation of the work by the originator and do not require registration. Like most countries, Thailand recognizes the creation of a copyright work once an idea is expressed into some tangible medium of expression. Again, as in many countries, no registration procedure is available in Thailand except for a mere recordation.

When an applicant lacks a true understanding of the intended purpose of the patent system, has little or no experience in drafting a specification, and is not knowledgeable in patent laws and regulations, the chances his applications may be rejected based on avoidable grounds are high. This article examines a number of applications that demonstrate the dangers inherent in a weak grasp of applicable patent laws and deadlines.

This chapter provides an overview of dispute resolution procedures in Thailand in a question-and-answer format. Topics covered include how to initiate proceedings, timetables, remedies, and appeals, as well as information on arbitral proceedings.