Many companies are looking deep into their businesses to identify areas that could serve as value drivers, and intellectual property (IP) is one of the first things they turn to. The financial services industry is one of the fastest-growing sectors in IP registration and commercialization across the globe. Banks, credit card companies, credit unions, consumer finance companies, insurance companies, stock brokerages, and investment funds are catching up with what are considered more traditional IP-generating industries such as pharmaceuticals, IT, and electronics.

Clients often ask about the use of electronic signatures. However, when we delve further into their questions, we tend to find there is a misunderstanding as to precisely what this means. Often what they really mean to ask is whether they can sign a contract with a pen and then fax it, or scan and email it, and whether the copy that is printed at the other end will be effective in the same way as an original. This is something altogether different from an electronic signature.

In many countries, IP infringement is considered a strict liability tort, and consequently it is not necessary to prove the infringer’s intention to commit the act. In Thailand, however, there are no clear guidelines on whether it is necessary to prove an alleged infringer’s intent to violate trademark rights. The Supreme Court Judgment 5219/2550 offers a potential interpretation of this issue.

Similar to the global practice, Section 68 of the Thai Trademark Act 1991 stipulates that the owners of trademarks or service marks registered in Thailand who license other parties to use their trademarks or service marks for any or all of the goods or services are required to register the license agreements with the Department of Intellectual Property. Failure to comply with the contract formality requirement would result in the invalidity of the licensing agreement.

Written for corporate counsel, cross-border legal practitioners, and business people, Getting the Deal Through – Real Estate provides a broad international perspective on real estate law and public policy. The Thailand chapter, written by Tilleke & Gibbins partner Cynthia Pornavalai, examines the key issues relating to transfer of real estate, including the legal requirements for conveyance, foreign investment structures, legal liability, investment entities, typical provisions in a contract of sale, and land due diligence.

As companies start to rebuild and recover from the recent devastating floods, many managers are taking a good hard look at their bottom line, searching for ways to survive and minimize loss. This assessment is happening in accounting departments nationwide, but is particularly prevalent in Thailand’s once-flooded industrial parks, where managers must contend with damaged machinery and a workforce on standby.

Written for business operators who are new to the country, Intellectual Property in Thailand: Registration, Protection, Commercialization  provides a helpful introduction to IP issues under Thai law. This Q&A guide reviews the legal framework for trademarks, patents, copyrights, and trade secrets, from registration processes through licensing and enforcement of rights. The guide also introduces IP owners to the benefits of intellectual asset management programs designed to help companies extract maximum value from their IP.

This chapter provides an overview of the legal system and key laws for foreign companies doing business in Thailand. Presented in a question-and-answer format, the chapter examines the rules governing foreign investment, business vehicles, employment, tax, competition, intellectual property, marketing agreements, e-commerce, data protection, and product liability.