During these tough economic conditions, closing a business may seem to be the only alternative for a lot of companies. However, doing so is not as easy as removing the sign and closing the doors. A voluntary winding-up of business is an invitation for employee claims, creditor suits and a tax audit. This article examines the two principal means by which a company may formally close its business: liquidation or bankruptcy.

In the last decade, Thailand has established the objective of becoming a regional player in the pharmaceutical industry. In 2004, the Thai government adopted a five-year plan to develop the capacity of the country to become a Center of Excellence in the region. The government has only partially achieved this objective. Thailand continues to lag behind its competitors in certain areas, notably with regard to the implementation of policies relating to pharmaceutical products.

This article examines recent and pending reforms affecting cosmetics, film and video, computer crime, and product liability, as well as trademarks and copyright. Each of these legislative changes is of great importance to IP owners.

On August 23, 2008, the Consumer Case Procedure Act (CCPA) became effective, intending to provide better protection for consumers with historically little power to enforce their rights in the courts. There has been much talk about the CCPA’s fast-track provisions, which seek to expedite trial of consumer claims. Although there have been some growing pains with this legislation—particularly in regard to procedural delays—the CCPA has nevertheless enhanced consumer rights in a number of important ways.

Vietnam’s National Office of Intellectual Property (“NOIP”) recently vowed to clarify various ambiguities regarding the patentability of use claims in Vietnam. Under the current law, the NOIP prohibits use claims. Certain patent examiners in the NOIP allow use claims to be rewritten as a product or process claim, but this practice is not applied uniformly throughout the NOIP and has caused much consternation to practitioners.

According to a recent study on Vietnamese patent trends by Tilleke & Gibbins, since the formation and development of the Vietnamese patent system as well as the development of a free market in Vietnam, the number of domestic patent applications has been increasing exponentially. From 1989 to 2007 (the most recent years for which complete data is available), the number of domestic patent applications increased by 435%. In 1989, only 78 domestic patent applications were filed, in contrast to the 339 applications that were filed in 2007.

This article describes two major seizures by the Thai Customs Department in August 2009. In addition, the article offers a discussion of the border measures that are available to intellectual property rights owners and analyzes the draft of the new Customs Act, which is expected to clarify the procedures for taking actions at Thailand’s borders.

Among other successful litigation cases for Tilleke & Gibbins, the summer of 2009 is notable for three decisions announced by the Dika Court (Supreme Court) that not only have allowed our client’s valuable trademarks to register but also serve as a guideline for brand owners who may face issues of descriptiveness and similarity. Although the Supreme Court’s decisions are not considered precedents to follow under the Thai legal system, lower courts do in practice consider the merits and principles of prior Supreme Court rulings as guidelines when reviewing similar cases.