This article describes a 2007 case in which the Board of Patents again rendered a decision affirming that only the shape or appear­ance of a product design shall be taken into consideration when deter­mining patentability. It is not necessary for a product design to have an improved or developed function as this does not reflect the patentability of the product design.

On July 19, 2005, the Department of Intellectual Property (DIP) issued a regula­tion governing recordation of well-known marks, and from August 1, 2005 it started accepting applications for recordation of well-known marks. As of April 2008, more than 180 appli­cations have been filed for well-known mark recordation. Among these, 52% of the applications were for Thai marks and 48% were for foreign marks. The success rate of these applications is approximately 35%, which emphasizes the strict criteria used in evaluating the well-known status of a mark.

In a bid to improve public access to medicines, Thailand’s Ministry of Public Health issued compulsory licenses for a number of patented drugs without negotiating with the patent owners beforehand. In doing so, the Ministry may have exceeded the limits imposed by the Patent Act. This article examines the legal implications of the Ministry’s actions.

Confusion often arises with regard to nonproprietary names and trade names of pharmaceutical products. This article offers insight into the World Health Organization’s system of International Nonproprietary Names to facilitate the identification of pharmaceutical substances. A key recommendation for reducing the likelihood of confusion is to ensure that the appropriate forms of intellectual property protection have been sought and obtained.

Thailand has quickly become the country to watch in the pharmaceutical field since the Thai Ministry of Public Health (MoPH) stepped in and issued compulsory licenses on various key patented drugs. The attempts of the MoPH to intervene in the pharmaceutical market have attracted considerable attention from governments, stakeholders, and various interest groups and experts around the world.

Reports have circulated of life insurance policyholders being defrauded by unscrupulous insurance agents. The good news is that under recent amendments to the Life Insurance Act, policyholders are now being given more protection. The bad news is that restrictions on foreign ownership, which were rejected amid much controversy with respect to the Alien Business Act, were nonetheless incorporated into the new legislation. This article discusses both the positive and the negative aspects of the amended law.

The new Labor Protection Act 2008, which came into force on May 27, 2008, provides better protection to employees than its predecessor. This article provides an overview of the new statutory requires and recommends that employers take the necessary actions to amend their Work Rules accordingly.

Successful marketing campaigns revolve around memorable advertising to create product differentiation. Because successful marketing ideas are likely to be emulated—if not directly reproduced—by competitors, it is important for brand owners to incorporate an intellectual property element into their marketing strategies. This article reviews the forms of IP protection that can be sought for various components of an advertising campaign.