In certain jurisdictions, an escrow account system is required in order to protect the interests of the purchasers of properties. In an escrow arrangement, the buyer and the seller mutually agree to appoint a third party escrow agent, who will hold the seller’s documents and assets on the one hand, and, on the other, the buyer’s deposit or the whole purchase price. This involves a tri-party written agreement known as an escrow agreement. The escrow agent has a duty to ensure that the parties fulfill their obligations under both the purchase contract and the escrow agreement.

Acting as an officer or director for a Thai company can be an honor. It is a position that not only affirms a person’s role in shaping company policies, but can also symbolize that person’s place in the overall economic marketplace. In short, it is a title with responsibility. Most officers and directors accept the fact that they are charged with significant responsibility for the company’s operations.

Registration of mortgage of immovable property is a popular method for creditors to obtain security for a debt, especially in instances of borrowing money from a bank, financial institution, or juristic person (a limited company). Until fairly recently, borrowers often faced difficulties in getting a loan from a juristic entity (both local and foreign companies), as well as a bank or financial institution other than those established and incorporated in Thailand.

This chapter provides a broad overview of licensing agreements under Thai law, including a review of types of licenses and procedural requirements. The chapter then provides in-depth discussions of licensing agreements for patents, copyrights, trademarks, layout-designs of integrated circuits, and trade secrets.

In late 2009, Deputy Prime Minister Hoang Trung Hai issued a stern announcement (Announcement 323) exhorting relevant agencies to step up the fight against counterfeit and smuggled goods in Vietnam. Announcement 323 acknowledges the improvements in IP enforcement in recent years, but notes that the results do not meet requirements and that, in the future, anti-counterfeiting and anti-smuggling actions by the authorities must be strengthened to protect the health of the people and prevent a negative influence on the investment environment.

Section 6 of the Thai Trademark Act stipulates that a mark must be distinctive in order to be registrable. Section 7 (2) specifies that the word or clause employed in a mark must not directly refer to the character or quality of the goods. When examining a mark’s potential descriptiveness, registrars usually use standard print dictionaries as their main reference. With recent technological advances, however, registrars have also begun to use Internet sources to determine the meaning of some trademarks. Of course, the reliability of these online dictionaries may be called into question.

The current global economic crisis, the worst since the Great Depression, has financial regulators changing their views on how capital markets should be regulated. Whilst it is important, and perhaps mandatory, to strive for greater market liberalization for the benefits of investors, the school of thought which held widespread support prior to the crisis – that market deregulation would lead to more efficient growth of wealth – has been heavily challenged by a more cautious approach, with a push towards increased transparency and investor protection.

The Board of Trademarks has clarified that, even if a trademark is visually and phonetically similar to an earlier registered trademark, the later mark can be registered if the respective goods are of a different nature. This article describes the COOLON versus COLON (and design) case.