In Thailand, the franchising agreement is a legally binding agreement which outlines the franchisor’s terms and conditions for the franchisee. As in most jurisdictions, it governs duties, rights, and obligations between the parties. The franchisor transfers to the franchisee a concept, a brand, and know-how, while the franchisee agrees to obey to all the specifications of the franchisor.

The year 2008 saw several developments in Vietnamese IP legislation that are expected to improve the country’s enforcement regime. Notably, Vietnam finally issued long-awaited guidelines on handling IP crimes.

Under the Plant Varieties Protection Act, the right holder of a new plant variety has the sole rights to produce, sell or distribute, import, export, or possess for the aforementioned purposes. In this context, the eligibility and practicality for a foreign applicant who wishes to seek protection for its creation under the Act is a key issue.

Most foreign investors doing business in Thailand are aware of the 49% limit on foreign ownership in reserved businesses under the Foreign Business Act (FBA). A wide range of common businesses, including trading and services, are reserved under the lists annexed to the FBA. Lacking proper legal advice on legitimate solutions, investors commonly take the easy path by engaging Thai nominees to hold a 51% stake in the business on their behalf.

This article provides a thorough overview of Thailand’s bankruptcy system, liquidation, and business reorganization processes. Relevant laws and procedures are cited throughout the document for the reader’s attention.

In September 2008, China once again found itself at the center of international media attention for all the wrong reasons. Reports circulated that four infants had died and more than 50,000 others had fallen ill after consuming dairy products that had been contaminated by melamine. Although initial reports focused only on one milk producer, it soon became clear that more than twenty companies were implicated in the scandal. As thousands of anxious parents queued for hours in hospitals waiting for their children to be checked for kidney ailments, Chinese officials were spurred into action.

The markings ® (for “Registered”) and ™ (for “Trademark”) are useful tools that can be employed to protect and strengthen trademark rights, but their usage must be tailored to the requirements of individual jurisdictions. This article provides advice on the use of each symbol under Thai law.

Having officially become the 173rd member of the Paris Convention, Thailand can expect two primary advantages: (1) Thai applicants will be able to enjoy the priority date of an application originated from Thailand in filing for patents overseas; (2) accession to the Paris Convention moves Thailand one step closer to adhering to the Patent Cooperation Treaty.