During the past two years, market fluctuations across the globe have forced companies to realign traditional strengths with future growth aspirations.  Technology and its accompanying intellectual property is seen by most governments and businesses as the logical bridge to get from the old to the new.  Asian companies are making this arguably quantum leap by acquiring Western technologies that are now up for sale.

To avoid lawsuits and damages, employers should be cognizant of the concept of “constructive dismissal” and its implied application in Thailand. Those from Western jurisdictions may be familiar with the concept of “constructive dismissal” in labor contexts. Constructive dismissal refers to a situation where the employer does not actually terminate the employee’s employment, but the employer’s conduct towards the employee is so bad that the employee feels that he or she has no choice but to resign. The employer’s conduct must also amount to a material breach of the employment contract.

In this era of knowledge-based economies and accelerating technological developments, intellectual property (IP) is often the most valuable asset of a corporation.

Two weeks ago we discussed first steps open to a company that is suffering from infringement of their intellectual property (IP) rights. In this article we look further down the line at how a company can effectively seek a remedy in the most efficient ways available. As a first step, IP owners should pursue preliminary measures, such as sending a cease-and-desist letter. If these initial attempts fail, you may consider taking more formal steps to deal with the infringer.

In Schneider Electric Industries SAS v Thai Bumroong Electric Co Ltd (Case 2335/2553, January 24 2011), the Supreme Court of Thailand has affirmed a decision of the Central Intellectual Property and International Trade Court (IP&IT Court) and ordered the defendant to refrain from passing off its product as that of the plaintiff.

This guide provides a detailed overview of doing business in Thailand. Topics covered in the guide include investment, import and export regulations, exchange controls, tax, requirements for establishment of a business, structures for doing business, cessation or termination of a business, labor legislation, and immigration requirements. The guide provides an invaluable primer for investors new to the Thai business investment.

The Act Protecting Home-Based Workers will go into effect on May 15, 2011. In recent years, the employment landscape has dramatically changed from employees working at an employer’s premises to outsourcing work and hiring outside personnel to work from home. This allows employers to cut labor costs and avoid complying with Thai labor laws. Without an employer-employee contractual relationship, there is no protection for workers hired to perform the same work as those working directly for employers.

The Thai Food and Drug Administration (FDA) and the Ministry of Agriculture (MOA) are considered among the most stringent regulatory agencies in Asia. Alan Adcock and Clemence Gautier of the Regulatory Affairs practice group respond to some of the most frequent questions asked by international clients as they prepare to launch their products in Thailand.