The intellectual property (IP) legal framework in Thailand is constantly evolving to enhance IP registration and protection in the nation, and to account for important changes in the global IP landscape. In the second half of 2017, Thailand will likely see a few legal developments in IP, which could have important implications for brand owners.Implementation of Madrid Protocol

In 2016, Thailand was listed as the 46th most favorable country in which to do business by the World Bank in its Ease of Doing Business  report. Thailand’s ranking—an improvement of three spots over its 2015 position—places the country third in Southeast Asia, indicating that Thailand has a strong competitive position vis-à-vis its neighbors.

Employees, managers, and the companies they work for sometimes do bad things.   Employees might embezzle money or sell trade secrets to competitors. Executives may authorize a bribe to win a contract, or tacitly approve accounting trickery to make finances appear better than they really are. From stealing petty cash out of a lockbox to multimillion dollar bribery scandals, there are innumerable ways for employees and companies to commit misdeeds.

For aircraft leasing companies, having to repossess an aircraft from an airline that misses its rental payments is usually an option of last resort. The repossession process in Thailand can be time-consuming and costly, and often precludes future earnings. However, as a number of Thai airlines have defaulted on their payments over recent years, lessors have been left with no choice but to seek recovery of their valuable assets. This article provides an overview of the practical and legal considerations of aircraft repossession in Thailand.

On August 7, 2017, the Thai Ministry of Foreign Affairs submitted its instrument of accession to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) with the World Intellectual Property Organization (WIPO), making Thailand the 99th nation to become a contracting state under this international treaty and confirming its commitment to the ASEAN Economic Community Blueprint.

Background

Indonesia’s Government Regulation No. 20 of 2017 on Control of Import and Export of Goods Resulting from Intellectual Property Infringement became effective on August 2, 2017, and was issued to support implementation of customs measures under Law No. 17 of 2006. The new regulation enables customs recordation and measures to control imported and exported goods that are suspected to infringe on intellectual property (IP) rights.Customs Recordation

Amendments to Thailand’s Direct Sales and Direct Marketing Act (No.3), B.E. 2560 (2017) were published in the Government Gazette  on May 17, 2017, and will become effective on September 15, 2017 (120 days after the date of publication). While the new provisions will enhance consumer protection, they will also impose more stringent regulations and obligations on business operators. This article discusses the amendments and their potential effects on business operators and consumers.