In considering the similarity of trademarks in both the registration process and during litigation, courts in many jurisdictions forbid dividing the elements of each mark to compare them separately and insist that the trademarks must be compared by considering all elements of the trademarks as a whole. The reason underlying this legal principle is that consumers are not likely to recognize all of a trademark’s separate details or elements.

Many companies have regretted trusting their employees and even business partners with their intellectual property rights (IPR).

In Hong Kong, the term “shadow company” refers to the unscrupulous use of another party’s well-known trademark in the registered name of a business, often for the purpose of conducting trade in illegitimate goods and services. In China, these companies are known as “unauthorized business enterprise name registrations.” While China and Hong Kong take action against these shadow companies, Southeast Asia is seeing a marked increase in the use of well-known trade names and trademarks in business name registrations.

Over the years, several Thai brands have moved more prominently into overseas markets. Despite being at an early stage, these innovators have already built on the areas in which Thailand has had a competitive advantage like the beverage industry, textile and garment industry, and footwear industry. As these brands become world players in their respective fields, it becomes all the more important that they formulate well-crafted IP strategies.

Thai markets continue to be plagued by a large volume of counterfeit and substandard electronic products. Tyco Electronics, a leading global provider of engineered electronic components, has partnered with Tilleke & Gibbins in order to develop an effective IP enforcement strategy to suppress these infringing products, given their dubious quality and potential safety risk for consumers. This article describes a recent raid action that resulted in a large seizure of counterfeit AMP NETCONNECT products.

Seeking suitable protection in Thailand over new products can become confusing at times, particularly for companies that successfully develop new and unique designs possessing

When it comes to bad check legislation, Thailand is unique. In addition to civil remedies available under the Civil and Commercial Code against those who pass bad checks, Thailand is one of the few jurisdictions in the world in which there can also extend criminal liability. Criminal liability is evaluated under the Act Governing Offenses Arising from the Use of Checks B.E. 2534 (1991) (the Act). Under the Act, a criminal conviction may give rise to imprisonment of up to one year and/or a fine of up to THB 60,000.

As deliberations over the Frequency Allocation Bill are set to continue, the Government is making other important plans for wireless telecommunications in Thailand. The Bill has now passed both the House and Senate, though in different forms. Differences in the two versions are expected to be considered in Joint Committee when Parliament reconvenes in August, though the House’s version will be enacted if differences are not settled. This article looks at expected future developments, as spectrum auctions lie ahead.