Thailand is a country in which violation of customs laws can create criminal liability. However, such criminal liability may not necessarily be easy to assign. One reason is that Thailand’s 83 year-old customs law, the Customs Act B.E. 2469 (1926), contains several ambiguities. These ambiguities have provided a significant challenge for Thai authorities trying to enforce this criminal law. Nevertheless, the Thai government’s efforts to tackle “customs evasion” and “customs avoidance” have become more high profile in recent months.

In seeking a patent, applicants not only have to define the novelty of an invention but also have to indicate that such invention possesses an inventive step. Further, the patent application must thoroughly document the inventive step in the disclosure and claims. Failure to meet these criteria will lead to the dismissal of the application. The cases described in this article provide some important insights on how to avoid rejection of a Thai patent application due to inadequate attention to the requirements for inventive step.

In the near future, businesses in Thailand may be endowed with a new tool which could help enhance their access to financial resources—arguably one of the most important resources to survive and thrive in today’s highly competitive environment. This tool is “commercial collateral,” a new form of security/security interest not previously available under Thai laws. The draft Commercial Collateral Act proposed by the Fiscal Policy Office, Ministry of Finance, was approved by the Cabinet on July 9, 2009.

This paper answers a number of important questions about the role of client confidentiality within the Thai legal system. Key points include the regulations governing confidentiality, the limits of attorney-client privilege, and the disclosure of client information in certain situations.

In June 2009, the National Assembly adopted amendments to Vietnam’s Criminal Code regarding copyright and related rights offenses. Once the amendments take effect on January 1, 2010, pursuant to Article 170a, anyone who copies or distributes copyright protected works to the public on a commercial scale without the permission of the copyright owner will be subject to a fine of between VND 50 million (USD 2,800) and VND 500 million (USD 27,800) or non-custodial reform for up to two years.

Under Section 18 of the Thai Trademark Act, applicants are entitled to appeal to the Board of Trademarks when the Trademark Registrar initially finds their mark unregistrable, and the decision of the Board shall be deemed final. However, many trademark owners file a Complaint appealing the Board’s decision with the Central Intellectual Property and International Trade Court, and later file an Appeal with the Supreme Court if the IP&IT Court rules against them. This article explores the predicament that can result from this practice.

A mark that is sufficiently distinctive to be registered as a trademark may consist of plain letters, numerals, descriptive words, and/or devices. According to the Thai Trademark Act, a disclaimer will be required for such non-stylized letters, numerals, and/or descriptive parts. Based on the current practice, it seems that the Registrar and the Board of Trademarks always raise such disclaimers as reasons in accepting or rejecting the registration of marks cited to be in conflict with a prior mark.

As Asia continues to attract an increasing number of clinical trials, project sponsors need to take into consideration the specific laws and regulations of each country where the trials take place. This article highlights the different processes in place in China, Thailand, and Vietnam, as well as the importance of the agreements signed between the parties from the perspective of intellectual property law and drug importation.