The Business Collateral Act B.E. 2558 (2015) (BCA) was passed into law on November 5, 2015. The majority of its provisions will come into effect on July 1, 2016, 240 days after publication in the Royal Thai Government Gazette.The BCA aims to establish a robust legal system that allows borrowers in Thailand to use their assets as collateral to secure their loans. This system provides Thai borrowers with greater access to credit, which should promote investment in domestic ventures.The key points under the BCA are the following:

Myanmar has undergone significant political and economic change since the country’s civilian government took control in 2010 under the leadership of President Thein Sein. Foreign direct investment is at record levels in Myanmar, and investment is expected to soar into the coming year. New economic opportunities, however, pose an inherent risk, which includes the potential for corruption.

The first edition of The Asia-Pacific Investigations Review 2016, a multijurisdictional guide to the law and practice of international investigations, has been published by Global Investigations Review. The Thailand chapter of the guide, written by Tilleke & Gibbins consultant Michael Ramirez, provides an overview of investigations and anti-corruption compliance. In particular, the Thailand chapter covers the following topics, among others:

The Asia-Pacific Investigations Review 2016  (1st Edition), a guide that provides analysis of the important issues in internal and government investigations across the Asia-Pacific, has been published by Global Investigations Review. Michael K. Lee, partner and head of Tilleke & Gibbins’ corporate and commercial team in Vietnam, and John Frangos, consultant in the firm, coauthored the Vietnam chapter of the guide.

Cambodia has attracted an increasing number of regional and international franchise businesses. Most of these franchises are in the restaurant and service sectors, and include well-known names such as Costa Coffee, Dairy Queen, Gloria Jean’s Coffees, KFC, The Pizza Company, Ya Kun Coffee & Toast, and Sarpinos Pizza, to name a few.

On September 11, 2015, the Drug Administration of Vietnam (DAV) issued a decision to withdraw the marketing authorizations (MAs) for nine pharmaceutical products on the market. While this is a fairly routine occurrence, what was notable was that two of the drugs on the list had their MAs withdrawn as a result of patent infringement—one of the first times this has happened in Vietnam. The withdrawal makes a strong statement that Vietnam is getting serious about enforcing patent rights in the pharmaceutical realm.

It is common for Thai Customs Department officials to audit companies that import or export goods. The audits are generally random, and they almost always include a surprise inspection. Importers are rarely informed in advance by customs officials.During a customs audit, importers or exporters (companies) that deal in highly regulated products, such as chemicals and other raw materials, may be subject to increased scrutiny. The audits are conducted to ensure that the companies are complying with Thai law, and they are not necessarily indicative of suspected wrongdoing.

Cambodia continues to improve its climate for foreign investment. On June 5, 2015, Cambodia implemented the Madrid Protocol. On January 20, 2015, Cambodia’s Ministry of Industry and Handicrafts (MIH) entered into a Memorandum of Understanding on the Cooperation in Industrial Property with the Intellectual Property Office of Singapore (IPOS). The MOU now makes it possible for holders of Singapore patents and designs to obtain protection in Cambodia under a streamlined re-registration process.