Franchising has become a successful business model globally, and Thailand has been no exception. According to information from the Franchise & Thai SMEs Business Association, there are approximately 400 Thai franchisors seeking franchisees for businesses ranging from restaurants to daycares and from tutoring institutions to convenience stores. Currently, there are over 10,000 franchisees in Thailand. Franchising businesses are rapidly expanding, yet Thailand still lacks a specific regulatory law to govern such businesses.

On May 2, 2011, the Office of the United States Trade Representative (USTR) announced the results of its Annual 301 Report, listing those countries which it deems do not provide sufficient protection to intellectual property rights owners.As part of the report process, an Out-of-Cycle Review was conducted by the USTR in Thailand at the beginning of 2011, by interviewing members of the public and private sectors in order to gather feedback. Representatives of international stakeholders, such as PhRMA and other NGOs, were also able to submit their yearly reports.

Corporate relocation is common in Thailand. Despite their best intentions, however, many employers find themselves in violation of Thai labour laws during the relocation process. This article explains the steps an employer should follow to ensure that the relocation is in compliance with Thai law.Under Section 120 of the Labour Protection Act, if the relocation of a company affects the ordinary course of an employee’s life or that of his or her family, an employer must adhere to a specific procedure:

Thailand’s desire to increase its competitiveness as an investment destination has led to the passage of the Trade Secret Act 2002 (TSA). The TSA is the most recent law on the protection of industrial property rights in the Kingdom and complies with Article 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). For all its virtues, however, the TSA contains a loophole that may undermine its central goal of preventing unfair competition in Thailand—the TSA does not explicitly vest ownership of a trade secret in a single owner.

This Q&A chapter provides an overview of litigation and dispute resolution procedures in Thailand. The chapter covers such topics as civil procedure, interim remedies, available defenses, joinder and consolidation, duties and powers of the courts, disclosure, rules of evidence, judgments and orders, and alternative dispute resolution. The chapter concludes with a brief discussion of recent trends and developments concerning arbitration in Thailand.

Protection of personal data is a major concern in several jurisdictions. Our overseas clients often ask us about their obligations with respect to personal data they may have compiled, whether intentionally or inadvertently, with respect to their employees, customers, clients, or service users. Unfortunately, it is a common misconception that Thai law offers no protection to personal data. On the contrary, there are many sources of law that protect personal data and prohibit its disclosure, in certain circumstances.

Business competitiveness among rivals in similar industries is fierce and demanding. The current trend of business expansion is for stronger and financially healthier corporations to merge, acquire, and take over other corporations. Over the past few years, we have heard merger and acquisition (M&A) news or proposals on a daily basis. However, we do not hear as much about the details that make an M&A successful, especially when it comes to due diligence.

The 2011 update of this Q&A chapter provides a broad overview of product liability law and regulations in Thailand subsequent to the enactment of the Product Liability Act in 2008. The chapter addresses issues such as causation, defenses, procedures, time limits, remedies, and costs.This article first appeared in the ninth edition of The International Comparative Legal Guide to: Product Liability; published by Global Legal Group Ltd, London (www.iclg.co.uk).