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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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February 13, 2012
The Association of Southeast Asian Nations (ASEAN) is a regional association composed of the ten countries comprising Southeast Asia—Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar (Burma), Philippines, Singapore, Thailand, and Vietnam. Situated in a region covering an area of 4.46 million km² (equivalent to approximately 3% of the total land area of the earth), these countries are home to a burgeoning population of 600 million people, which is nearly 9% of the world’s population. As a single economic block, its combined nominal GDP of USD 2 trillion ranks ninth in the world.
February 10, 2012
Wrongful death claims can result in the assessment of civil and criminal penalties on parties that may be far removed from the negligent actor. The impact could be seen on officers and directors, manufacturers and dealers, employees and employers, agents and principals, insured and insurers, among others. This article is written for corporations and their officers and directors and includes an overview of wrongful death actions, significant components of awards, and protection mechanisms.
January 27, 2012
Many companies are looking deep into their businesses to identify areas that could serve as value drivers, and intellectual property (IP) is one of the first things they turn to. The financial services industry is one of the fastest-growing sectors in IP registration and commercialization across the globe. Banks, credit card companies, credit unions, consumer finance companies, insurance companies, stock brokerages, and investment funds are catching up with what are considered more traditional IP-generating industries such as pharmaceuticals, IT, and electronics.
January 13, 2012
Clients often ask about the use of electronic signatures. However, when we delve further into their questions, we tend to find there is a misunderstanding as to precisely what this means. Often what they really mean to ask is whether they can sign a contract with a pen and then fax it, or scan and email it, and whether the copy that is printed at the other end will be effective in the same way as an original. This is something altogether different from an electronic signature.
January 12, 2012
In many countries, IP infringement is considered a strict liability tort, and consequently it is not necessary to prove the infringer’s intention to commit the act. In Thailand, however, there are no clear guidelines on whether it is necessary to prove an alleged infringer’s intent to violate trademark rights. The Supreme Court Judgment 5219/2550 offers a potential interpretation of this issue.
January 12, 2012
Similar to the global practice, Section 68 of the Thai Trademark Act 1991 stipulates that the owners of trademarks or service marks registered in Thailand who license other parties to use their trademarks or service marks for any or all of the goods or services are required to register the license agreements with the Department of Intellectual Property. Failure to comply with the contract formality requirement would result in the invalidity of the licensing agreement.
January 12, 2012
Written for corporate counsel, cross-border legal practitioners, and business people, Getting the Deal Through – Real Estate provides a broad international perspective on real estate law and public policy. The Thailand chapter, written by Tilleke & Gibbins partner Cynthia Pornavalai, examines the key issues relating to transfer of real estate, including the legal requirements for conveyance, foreign investment structures, legal liability, investment entities, typical provisions in a contract of sale, and land due diligence.
December 29, 2011
As companies start to rebuild and recover from the recent devastating floods, many managers are taking a good hard look at their bottom line, searching for ways to survive and minimize loss. This assessment is happening in accounting departments nationwide, but is particularly prevalent in Thailand’s once-flooded industrial parks, where managers must contend with damaged machinery and a workforce on standby.