Unlike design laws in many countries where the functional aspect of an article is clearly excluded from protection, Thai law does not contain any limitation in this respect. Although the protection of designs has been offered to innovators under the patent law for more than thirty years, the issue regarding the functionality exception had not been brought to the attention of scholars and practitioners until recently.

On September 6, 2010, the Ministry of Finance issued new guidelines delineating procedures for foreign investment in Vietnamese enterprises via capital contribution and share purchase. This article provides an overview of several critical developments in the regime governing foreign investment in Vietnam.

This article provides a comprehensive introduction to Vietnam labor law, including information on hiring an employee, maintaining the employment relationship, modifying the employment relationship, and terminating the employment contract.

On October 11, 2010, the Securities and Exchange Commission of Thailand (SEC) approved the regulatory framework for establishing real estate investment trusts (REITs) in Thailand. The evolution of real property financing in Thailand—from primarily bank loans to the rigid Property Fund for Public Offering (PFPO) to the proposed REIT—reflects the liberalization of the Thai market, the need for alternative funding options in the wake of the recovery of Thailand’s property sector, and the need for Thailand to maintain its regional competitiveness.

These days, people are becoming increasingly health conscious and more selective with what they choose to eat.  This article provides a brief overview of one of the measures that the Thai FDA is taking in order to control the safety of fresh foods (such as fruits, vegetables, and meat) being imported to Thailand from abroad: the Maximum Residual Level (MRL).

Business activity is on the rise in Thailand. The Business Development Department reports an escalating number of newly incorporated companies and, at the same time, an increasing number of company closures and dormant/defunct companies. However, closing a company is more complicated and time-consuming than is incorporation. To close a firm successfully, the owner must prepare well and be informed. This article covers the end stages of the life of a business during a voluntary closure: (1) pre-dissolution; (2) dissolution; and (3) liquidation.

Before September 10, 2008, private companies in Thailand had a fair amount of flexibility in holding meetings of the Board of Directors. On that date, however, Thailand’s Ministry of Commerce (MOC) issued an announcement to revoke many of these flexible practices. Directors are no longer allowed to appoint proxies to attend and vote at the meetings; the directors must attend the meetings themselves. Circulated resolutions and conference via electronic means are also no longer allowed.

The Supreme Court of Thailand has held that a combination of colors used by Shell Brands International AG was distinctive (Decision 2183-2184/2553, July 22, 2010). A combination of two or more colors can be registered under the Thai Trademark Act. However, there are currently few examples of combinations of colors registered as trademarks in Thailand: the owners of such marks rarely seek registration, and a number of applications have been rejected by the Trademark Registrar on the grounds of lack of distinctiveness.