Intellectual property rights owners are regularly and increasingly feeling the pressure and economic pain of loss of revenue due to competition from black market counterfeit goods invading the global market. Further, our global society suffers the physical and emotional pain of countless people and children who are slaves to either the criminal black marketers or the victims of their faulty products. This article examines the economic and social aspects of the problem.

It has become virtually impossible to watch television, listen to the radio, or flip through a magazine without encountering advertisements featuring celebrity endorsements. This form of marketing is pervasive because many advertisers believe that endorsements by celebrities can increase the perceived value of the products they are featuring. The celebrities in these commercials can enjoy protection of their work under copyright law as well as by contractual agreements signed between celebrities and advertisers.

The 1997 Asian financial crisis had crippled many Asian economies in its wake, but it had also left behind it a lasting legacy to the economies that it ravaged. Faced with sharp economic slowdown and a wave of corporate defaults, Thailand revamped its banking and financial institutions including various legal infrastructures. For example, it made a major amendment to its antiquated bankruptcy laws to allow for corporate restructuring similar to U.S. Chapter 11 procedures.

One of the grounds for dismissal with cause under Section 119 of the Labour Protection Act is when an employee repeats wrongdoing for which a warning letter has previously been issued. The employer may issue a warning letter for a violation of the work rules, and when the employee later commits the same violation, the employer believes that he is within his rights to dismiss the employee for serious cause.

In Thailand, the franchising agreement is a legally binding agreement which outlines the franchisor’s terms and conditions for the franchisee. As in most jurisdictions, it governs duties, rights, and obligations between the parties. The franchisor transfers to the franchisee a concept, a brand, and know-how, while the franchisee agrees to obey to all the specifications of the franchisor.

The year 2008 saw several developments in Vietnamese IP legislation that are expected to improve the country’s enforcement regime. Notably, Vietnam finally issued long-awaited guidelines on handling IP crimes.

Under the Plant Varieties Protection Act, the right holder of a new plant variety has the sole rights to produce, sell or distribute, import, export, or possess for the aforementioned purposes. In this context, the eligibility and practicality for a foreign applicant who wishes to seek protection for its creation under the Act is a key issue.

Most foreign investors doing business in Thailand are aware of the 49% limit on foreign ownership in reserved businesses under the Foreign Business Act (FBA). A wide range of common businesses, including trading and services, are reserved under the lists annexed to the FBA. Lacking proper legal advice on legitimate solutions, investors commonly take the easy path by engaging Thai nominees to hold a 51% stake in the business on their behalf.