The Report: Thailand 2011, published by Oxford Business Group, provides an in-depth analysis of various sectors of the Thai economy. In the legal section of the publication, Tilleke & Gibbins examines the government’s recent push for further liberalization of foreign investment laws. In addition to foreign investment, the article examines forms of business organization, capital markets, property law, labor and employment issues, and intellectual property.

This article first appeared in World Trademark Review magazine issue 30, published by The IP Media Group. To view the issue in full, please go to www.worldtrademarkreview.com.

On January 1, 2008, Asean member countries implemented the Asean Harmonization Cosmetics Regulation Scheme in order to harmonize a previously chaotic process. A multitude of confusing laws and procedures has now been transformed into a streamlined system with just a single category for cosmetic products and an efficient registration process.

Thailand has had insurance companies for over half a century, and the industry is regarded as competent and well regulated. The insurance industry was supervised and regulated by the Ministry of Commerce through the Casualty Insurance Act B.E. 2535 (A.D. 1992) and Life Insurance Act B.E. 2535 (A.D. 1992) until the recent amendments imposed by the Casualty Insurance Act (No. 2) B.E. 2551 (A.D. 2008) and Life Insurance Act (No. 2) B.E. 2551 (A.D. 2008), which transferred the supervisory and regulatory role of the Ministry of Commerce to the Ministry of Finance.

In 1998, Parliament approved the first amendment to the 1940 Bankruptcy Act in 15 years, and further amendments were made in both 1999 and 2000. These amendments reduce the bankruptcy period from ten years to three years and allow for the restructuring or reorganization of a company, similar to Chapter 11 provisions in the United States.

Land ownership in Thailand may be individual or shared with other Thais. Any Thai national may purchase land in the Kingdom. Land issues are governed primarily by the Land Code B.E. 2497 (A.D. 1954); Land Reform for Agriculture Act B.E. 2518 (A.D. 1975); Land Development Act B.E. 2543 (A.D. 2000); City Planning Act B.E. 2518 (A.D. 1975); Condominium Act B.E. 2522 (A.D. 1979) and its amendments; and Rules Relating to Land Allocation B.E. 2535 (A.D. 1992). Land regulations are determined by the Ministry of Interior.

Generic drug manufacturers in Thailand have become particularly active in recent years. There is a clear development trend among local generic producers to catch up with new technology and take advantage of the government’s pro-generic policy at the moment. Several generic manufacturers recently began to develop and market generic versions of various best-seller drugs, despite the fact that some of these drugs are still under valid patents in Thailand. This article introduces some defensive strategies that will allow drug originators to tackle these infringing generics.

In seeking to develop a comprehensive portfolio of trademark rights, many companies have begun to look beyond their product names and logos. For at least the past decade, these businesses have been seeking trademark registration of other aspects of their overall branding strategies, including the packages they use for their products. One such forward-thinking business is The Coca-Cola Company (Coca-Cola), which sought to obtain three-dimensional registrations of its famous bottle designs in Thailand.