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.

Today’s patent owners face two significant problems when doing business in Asia: the expiration of their patents and Asia’s generally pro-generic stance on pharmaceuticals.  This article explores the broad concept of “evergreening,” which is even more crucial for companies operating in Asia, and a notable exception to the pro-generic policies in the region, the TRIPS+ or the “exclusive rights” approach.

In making a product stand out in a highly competitive market, business owners may be tempted to neglect legal restrictions on what they can claim about their product. Such marketing-driven companies should take heed; the number of enforcement actions by the Thai Food and Drug Administration (FDA) over misleading claims or false statements has been increasing. A claim should be understood as a key expression on an advertisement or label stating that the product has an effect. A statement, on the other hand, has a broader meaning and refers to any acts promoting the product.

In today’s world of fast-moving consumer goods and services, disputes between consumers and business operators are commonplace. Consumer protection and product liability laws—which increase access to the courts, streamline the adjudication of claims, and increase damage recovery options for injured consumers—drive more and more disputes into the Thai courts. Historically, plaintiffs were limited to recovering only actual damages, which seek to compensate victims for loss or harm. With the passage of the Product Liability Act B.E. 2551 (2008) and the Consumer Case Procedure Act B.E.

A key cause of labor unrest in Thailand occurs when employers try to implement changes in the workplace unilaterally, without realizing that their actions result in unlawful changes to legally protected conditions of employment.  This article discusses the process and the pitfalls of changing conditions of employment.

The original concept of copyright law is to protect the author from the unauthorized exploitation of his or her original work. To this end, the public at large may not be able to have access to or exploit useful information protected by copyright. To strike a compromise between the rights of the author and the needs of the public, the doctrine of fair use has been gradually developed. This article discusses the fair use doctrine and its application in Thailand.

According to official doctrine, land in Vietnam belongs to the people, while the use of such land is administered on the people’s behalf by the State. Thus, “land ownership” is more appropriately referred to as a “land use right” (LUR). The State administers the LUR by issuing a Land Use Right Certificate (LURC), similar to a title deed to real property in the West. LURCs designate, among other things, the duration and purpose of the land use. Any use of the land beyond the scope of the LUR can lead to a withdrawal of the LUR by the State.

In 2010, the Vietnamese government took a number of bold actions against intellectual property right (IPR) violations including a historic court ruling, a decree strengthening remedies for certain violations, and a decree establishing increased fines for acts of piracy.