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INSIGHTS

Insights

We provide you with all of the latest legal developments in Southeast Asia, ensuring that you have the up-to-date knowledge you need to navigate the ever-changing legal landscape affecting your business. You can browse our entire library of publications below, and email [email protected] to sign up for updates that are relevant to your interests, delivered straight to your mailbox, as they emerge.

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November 21, 2025
Tilleke & Gibbins has contributed the Thailand chapter to Asia IP’s ASEAN Guide to IP Protection 2025, an annual reference covering key developments and practical considerations for intellectual property systems across Southeast Asia. The chapter offers an overview of Thailand’s current legal framework for the protection of trademarks, patents, industrial designs, and copyrights. It summarizes registration requirements, recent regulatory updates, and procedural considerations relevant to rights holders and practitioners. The chapter offers actionable insights for rights holders at every stage of the IP lifecycle and addresses practical strategies for managing portfolios, anticipating enforcement challenges, and maximizing the value of IP assets. The authors also highlight recent trends and developments in Thai IP law, ensuring that readers are equipped with the latest knowledge to inform their decisions. The complete Thailand chapter can be downloaded through the button below, and the chapter is also available on the Asia IP website.
November 20, 2025
Lawyers from Tilleke & Gibbins’ labor and employment team have contributed a new Vietnam chapter to Thomson Reuters Practical Law’s Employment and Employee Benefits Global Guide. The guide provides a high-level comparative overview of employment laws and regulations across various jurisdictions around the world. Tilleke & Gibbins also contributed the Myanmar chapter of the guide. The Vietnam chapter covers a wide range of typical employment matters, such as limitations on working hours, paid leave requirements, minimum wage, and health and safety obligations. In addition, the guide provides insight on various topics of special interest to foreign investors doing business in Vietnam, including the following: Mandatory contents of a labor contract; Visas and permits required for expatriate employees; Employers’ obligations for protecting employees’ privacy and personal data; Procedural requirements for the dismissal of an employee; Employer and parent company liability. To view the latest version of the Employment and Employee Benefits Vietnam chapter, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
November 19, 2025
Litigation has its place in resolving business disputes, but it is often time-consuming and costly. In Thailand, a straightforward civil case can take a year or more to reach judgment at first instance, and appeals can extend that timeline further. Court filing fees are tied to the value of the claim, typically amounting to around two percent for claims up to THB 50 million, before accounting for attorney fees, translation costs, expert work, and the internal time that management must devote to the case. Against this backdrop, Thai law provides an alternative pathway for parties to attempt resolution before filing suit, and Thai courts commonly encourage mediation as part of the dispute-resolution process. Specifically, prelitigation mediation is a court-supervised process designed to facilitate confidential settlement discussions at an early stage. Participation is voluntary and requires the consent of both parties. The process does not replace litigation but is available in parallel as an initial step for interested parties. If the parties reach an agreement, the settlement can be recorded as a consent judgment that is directly enforceable in Thailand. If no settlement is reached, the parties retain their full right to proceed with a court claim. Reasons to Consider Prelitigation Mediation Prelitigation mediation can offer several advantages. It may shorten timelines from months or years to just weeks, reduce legal costs, and keep discussions confidential. It also allows parties to pursue practical, business-driven solutions or tailored remedies that address their specific needs—outcomes that may not be available through traditional litigation. To facilitate this process, under Thailand’s Civil Procedure Code, parties may petition the court to initiate prelitigation mediation before filing a suit. If the opposing party agrees, the court appoints a mediator to work with the parties under established mediation rules. In such a scenario, there are no court fees for the
November 18, 2025
On November 13, 2025, Thailand’s Alcoholic Beverage Control Committee (ABCC) approved a draft announcement to lift the ban on the afternoon sale of alcohol for 180 days from the announcement’s effective date, which is expected to be in early December. Development of the draft was first set in motion when the cabinet approved economic stimulus measures on October 21, 2025. Subsequently, the Ministry of Public Health’s Department of Disease Control proposed revisions to alcohol sales hours to reduce operational constraints for tourism-facing businesses. The policy intent is to align rules for restaurant and café premises and retail operations with tourism demand while maintaining key public health guardrails. Change in Alcohol Sales Hours After the announcement takes effect, alcohol sales hours in Thailand will be changed in accordance with the table below, for a period of 180 days. What Remains Unchanged Midnight alcohol sales cutoff Advertising and marketing restrictions Seller duties (ID checks, intoxication assessment, licensing) Possibility of Extension The contemplated 180-day relaxation is targeted, time bound, and tailored to tourism recovery. It simplifies operational planning by eliminating the midday gap, enabling continuous service for lunch and late-afternoon sales across restaurants, cafés, bars, and other establishments. Data on the impact of the relaxation on tourism spending, public health indicators, and public order will be collected and sent to the ABCC for consideration of a possible extension beyond 180 days.
November 14, 2025
Interest in data center land acquisition has increased significantly over the past year, with a notable rise in inquiries from investors seeking to establish digital infrastructure in Thailand. Although the sector is still in its early stages, this emerging wave of development represents a significant shift in Thailand’s technology infrastructure landscape, driven primarily by multinational technology companies and operators looking to expand their regional presence. Project Development The data center sector in Thailand is attracting a diverse range of international investors, though with clear geographic patterns. Most investors are from China, Singapore, and Japan, with some additional interest from countries outside Asia, including the United States and Europe. This investor base consists primarily of multinational tech companies and operators seeking to establish new facilities rather than acquire existing assets. Data center business activities are also a sector promoted by Thailand’s Board of Investment (BOI), which offers investors both tax and nontax privileges as well as exemptions to foreign investment and land-ownership restrictions. Projects currently underway are still largely in the land acquisition and construction phase. Unlike more mature markets where many facilities are operational and generating revenue, the predominant focus in Thailand remains on securing suitable land and beginning the building process. This means that while interest is high and land assembly is accelerating, the sector as a whole has not yet reached the operational phase that will ultimately drive licensing applications and full regulatory compliance. The licensing process itself remains at an early stage, as most projects must first complete their facilities before applying for the specific licenses required from the telecommunications authority. Once the facilities are built, the next critical step will be obtaining these telecommunications licenses, which are mandatory for data center operations. Legal and Regulatory Considerations The complexity of data center development in Thailand requires a multidisciplinary approach to legal
November 13, 2025
Tilleke & Gibbins has contributed the Thailand chapter to Franchise 2026, part of the International Comparative Legal Guides (ICLG) series published by Global Legal Group. This annual guide offers comparative analysis of franchise laws and regulations across jurisdictions worldwide, providing practical insights for businesses and legal practitioners operating in the global franchise sector. Each country chapter in the 12th edition follows a Q&A format covering key aspects of franchise law and operations, including: Relevant legislation and rules governing franchise transactions Business organization options for franchised operations Competition law considerations Protection of intellectual property and brands Liability issues and risk mitigation Governing law and dispute resolution Real estate matters Online trading regulations Termination requirements Joint employer risks and vicarious liability Currency controls and taxation Commercial agency considerations Good faith obligations and fair dealing requirements Ongoing relationship management Franchise renewal processes Franchise migration procedures Sustainability commitments Electronic signatures and document retention Current developments in the franchise sector The Thailand chapter, authored by Alan Adcock and Kasama Sriwatanakul, provides an in-depth overview of the legal landscape for franchising and franchising-related activities in Thailand. The complete Thailand chapter is available as a PDF below. The Thailand chapter—and the full Franchise 2026 guide—are also freely available on the ICLG website.
November 13, 2025
The Land Department in Thailand’s Ministry of the Interior (MOI) plays a central role in ensuring the stability and legality of real estate transactions in the country. Its core responsibilities include issuing land title deeds, registering transactions (e.g., sales, mortgages, leases), conducting surveys for subdivision or consolidation of land, and providing information and guidance on land and property development laws. These administrative functions secure investor confidence and support transparency in the Thai property market, so any delay can have a significant impact. This is especially true for investors who depend on timely registration to secure or transfer property rights. Delays can create liquidity risks, postpone project timelines, and even reduce Thailand’s attractiveness as a real estate investment destination. This article explores the nature of these challenges, the legal framework governing the timelines for administrative actions, and remedies available under Thai law. Sources of Delay Procedural delays at land offices can arise for a variety of structural and operational reasons. These include approval processes that require several levels of internal review, heavy staff workloads, and occasional communication gaps within the bureaucratic chain. Many processes still rely upon manual documentation, which can prolong administrative steps and increase the likelihood of bottlenecks. Some delays stem from ongoing investigations into the legality of land titles. For example, a land title deed may have an annotation indicating that the title deed is under investigation to verify its legality. Even though this annotation does not legally prohibit the sale or transfer of the land, in practice, most prospective purchasers are reluctant to proceed with a transaction until the annotation is removed. As a result, the land can become effectively illiquid during the investigation period, leading to significant investment delays. While such investigations are essential to maintaining the integrity of Thailand’s land registration system, prolonged inquiries without clear timelines can affect investor
November 12, 2025
Thailand’s Customs Department has announced the cancellation of the longstanding de minimis exemption, which waives import duties on goods valued at THB 1,500 or less, as of January 1, 2026. This policy shift will directly impact e-commerce, logistics, and retail sectors, and will have wide-ranging implications for any company involved in cross-border trade with Thailand. Background Under current regulations, imported goods with a customs value (cost, insurance, and freight, or “CIF”) of THB 1,500 or less are exempt from import duties. This has been a cornerstone of the cross-border e-commerce model, allowing for the duty-free import of millions of small parcels. Under the new policy effective January 1, 2026, all imported goods, regardless of value, will be subject to assessment for import duties upon entry into Thailand. The stated rationale for this change is to create fair competition for Thai small and medium-sized enterprises (SMEs), which must pay VAT and other costs on their goods, putting them at a price disadvantage against foreign sellers who utilize the de minimis loophole. Business Implications This policy change will create new costs, compliance burdens, and operational challenges. For foreign e-commerce sellers and platforms: The most direct impact will be the addition of import duties to low-value items. Assuming the costs are passed on to the consumer, the higher prices and potentially more complex or slower customs clearance processes could lead to increased cart abandonment and reduced consumer demand. Businesses should review their pricing models and develop a clear strategy for calculating, declaring, and paying these new duties. For logistics providers and customs brokers: The administrative burden will be considerable. Carriers that previously handled millions of nondutiable parcels will now be required to process them for duty assessment and collection. This may necessitate new IT systems and streamlined processes to avoid delays at customs. The mechanism for duty collection (e.g.,