In response to regular queries received from our multinational clients, David Lyman, Chairman & Chief Values Officer of Tilleke & Gibbins, has been providing periodic updates on the ongoing political events in Thailand since 2006. This Viewpoint summarizes and updates several of these reports, while providing observations on the Thai political landscape ahead of the upcoming elections.

The Thai Patent Office has recently implemented two changes in its practice that could have a significant impact on applicants for pharmaceutical patents. These changes include a revised interpretation of “Swiss-type” use claims and new transliteration requirements.

No country is immune to corruption. Corruption and other illicit activities thrive in Thailand today as they have throughout this nation’s long history. According to Transparency International’s latest survey, the level of corruption in Thailand is no worse than it is in many countries. Is it liked? No. Accepted? Yes, but as a repugnant fact of life. Why? Because most people can do little about curbing it so they learn to live with it. Is the government promoting anti-corruption? Lip service, yes. Concrete steps? Very slow, so the jury is still out.

The Report: Thailand 2011, published by Oxford Business Group, provides an in-depth analysis of various sectors of the Thai economy. In the legal section of the publication, Tilleke & Gibbins examines the government’s recent push for further liberalization of foreign investment laws. In addition to foreign investment, the article examines forms of business organization, capital markets, property law, labor and employment issues, and intellectual property.

This article first appeared in World Trademark Review magazine issue 30, published by The IP Media Group. To view the issue in full, please go to www.worldtrademarkreview.com.

On January 1, 2008, Asean member countries implemented the Asean Harmonization Cosmetics Regulation Scheme in order to harmonize a previously chaotic process. A multitude of confusing laws and procedures has now been transformed into a streamlined system with just a single category for cosmetic products and an efficient registration process.

Thailand has had insurance companies for over half a century, and the industry is regarded as competent and well regulated. The insurance industry was supervised and regulated by the Ministry of Commerce through the Casualty Insurance Act B.E. 2535 (A.D. 1992) and Life Insurance Act B.E. 2535 (A.D. 1992) until the recent amendments imposed by the Casualty Insurance Act (No. 2) B.E. 2551 (A.D. 2008) and Life Insurance Act (No. 2) B.E. 2551 (A.D. 2008), which transferred the supervisory and regulatory role of the Ministry of Commerce to the Ministry of Finance.

In 1998, Parliament approved the first amendment to the 1940 Bankruptcy Act in 15 years, and further amendments were made in both 1999 and 2000. These amendments reduce the bankruptcy period from ten years to three years and allow for the restructuring or reorganization of a company, similar to Chapter 11 provisions in the United States.