Business activity is on the rise in Thailand. The Business Development Department reports an escalating number of newly incorporated companies and, at the same time, an increasing number of company closures and dormant/defunct companies. However, closing a company is more complicated and time-consuming than is incorporation. To close a firm successfully, the owner must prepare well and be informed. This article covers the end stages of the life of a business during a voluntary closure: (1) pre-dissolution; (2) dissolution; and (3) liquidation.

Before September 10, 2008, private companies in Thailand had a fair amount of flexibility in holding meetings of the Board of Directors. On that date, however, Thailand’s Ministry of Commerce (MOC) issued an announcement to revoke many of these flexible practices. Directors are no longer allowed to appoint proxies to attend and vote at the meetings; the directors must attend the meetings themselves. Circulated resolutions and conference via electronic means are also no longer allowed.

The Supreme Court of Thailand has held that a combination of colors used by Shell Brands International AG was distinctive (Decision 2183-2184/2553, July 22, 2010). A combination of two or more colors can be registered under the Thai Trademark Act. However, there are currently few examples of combinations of colors registered as trademarks in Thailand: the owners of such marks rarely seek registration, and a number of applications have been rejected by the Trademark Registrar on the grounds of lack of distinctiveness.

Today’s patent owners face two significant problems when doing business in Asia: the expiration of their patents and Asia’s generally pro-generic stance on pharmaceuticals.  This article explores the broad concept of “evergreening,” which is even more crucial for companies operating in Asia, and a notable exception to the pro-generic policies in the region, the TRIPS+ or the “exclusive rights” approach.

In making a product stand out in a highly competitive market, business owners may be tempted to neglect legal restrictions on what they can claim about their product. Such marketing-driven companies should take heed; the number of enforcement actions by the Thai Food and Drug Administration (FDA) over misleading claims or false statements has been increasing. A claim should be understood as a key expression on an advertisement or label stating that the product has an effect. A statement, on the other hand, has a broader meaning and refers to any acts promoting the product.

In today’s world of fast-moving consumer goods and services, disputes between consumers and business operators are commonplace. Consumer protection and product liability laws—which increase access to the courts, streamline the adjudication of claims, and increase damage recovery options for injured consumers—drive more and more disputes into the Thai courts. Historically, plaintiffs were limited to recovering only actual damages, which seek to compensate victims for loss or harm. With the passage of the Product Liability Act B.E. 2551 (2008) and the Consumer Case Procedure Act B.E.

A key cause of labor unrest in Thailand occurs when employers try to implement changes in the workplace unilaterally, without realizing that their actions result in unlawful changes to legally protected conditions of employment.  This article discusses the process and the pitfalls of changing conditions of employment.

The original concept of copyright law is to protect the author from the unauthorized exploitation of his or her original work. To this end, the public at large may not be able to have access to or exploit useful information protected by copyright. To strike a compromise between the rights of the author and the needs of the public, the doctrine of fair use has been gradually developed. This article discusses the fair use doctrine and its application in Thailand.