Liquidation
and Dissolution of a Private Limited Company: Legal Procedural Requirements
by Ladda Phenphol. This article is a guide outlining the procedures
one should undertake upon dissolving a Private Limited Company in accordance
with Thai law.
E-Commerce
in Thailand: A slow Awakening by Pascale Prud'homme and Hassana
Chira-aphakul. This article discusses developments in the information
technology sector in regards to doing e-commerce in Thailand.
Thai
Supreme Court overturns lower court's decision in a landmark case involving
the sale of pirated Microsoft software programs by Tilleke &
Gibbins International Ltd. This article discusses a controversial decision
regarding a lawsuit between Microsoft and a Thai computer company.
Enemy
at the Gates: Thai Anti-Counterfeiting Border Control Measures by
Dana Christine Bergling, Law Intern of Tilleke & Gibbins International
Ltd. This article discusses the measures Thailand is taking to battle
counterfeited goods being brought into the country.
Anti-Counterfeiting
Campaigns: Strategies for Thailand by David Lyman Esq.of Tilleke
& Gibbins International Ltd. This article discusses intellectual
property rights in Thailand and their lax attitude towards enforcement
of trademark laws.
Multimodal
Transport Bill by Tilleke & Gibbins International Ltd. This
article discusses why Thailand has no laws focusing on multimodal transport.
TRIPS
and the Specialized Intellectual Property Court in Thailand by Vichai
Ariyanuntaka. This article discusses the significance of protection
for intellectual property rights in regard to international trade and
industry in Thailand.
Open
Regionalism and Deeper Integration: The Implementation of ASEAN Investment
Area (AIA) and ASEAN Free Trade Area (AFTA) by Dr. Lawan Thanadsillapakul,
professor at Sukhothai Thammathirat University. This articles overview
of the progress made in implementing ASEAN free trade policies.
The
Foreign Business Act by Siam Global Associates Co., Ltd. This article
provides an overview of the Foreign Business Act, formerly know as the
Alien Business Law, along with the recent amendments that were added
in 1999.
Summary
of the Amendment to the Trademark Act by Tilleke and Gibbins, Intellectual
Property Department. This articles provides a concise and thorough
summary of the recent amendments to the Trademark Act.
Money
Laundering. This overview of the characteristics
and importance of money laundering practices to businesspeople
was written for the ICC’s Standing Committee on Extortion and Bribery
“Corporate Practices Manual on Extortion and Bribery" by David
Lyman, Senior Partner, Tilleke & Gibbins.
Intellectual
Property and International Trade Court: : A New Dimension for IP Rights
Enforcement in Thailand by the Honorable Vichai Ariyanontaka, Judge
of the Central Intellectual Property and International Trade Court (Thailand).
This article provides an explanation of the history, development and
functions of the IP and IT Court of Thailand.
Annexed
ADR in Thailand: A New Challenge by the Honorable Vichai Ariyanontaka.
This article by a renowned judge of the Central Intellectual Property
and International Trade Court discusses the court-annexed alternative
dispute resolution process in Thailand.
Commentary
: Thailand’s New Trademarks Act by Satyapon Sachdecha and James
Pate. This article provides an insightful analysis of Thailand’s nearly
amended Trademarks Act and the practical effects resulting from the
Act.
Competition
Laws and Economic Integration in ASEAN by Dr. Lawan Thanadsillapakul.
This article provides a detailed survey of the competition laws in ASEAN
nations. Dr. Lawan is a professor of law at Sukhothai Thammathirat
Faculty of Law.
Foreign
Business Act: This article outlines the new Foreign Business Act
which replaced the Alien Business Act in early 1999. The Foreign Business
Act affects the majority of foreign owned businesses in Thailand.
Foreign
Exchange Controls in Myanmar by Darin Kobatake. This article explains
the foreign exchange control regime in Myanmar (formerly known as Burma).
Mr.Kobatake is a licensed USA attorney currently working in Hong Kong
as an in-house counsel. Mr. Kobatake, after finishing his legal education
worked extensively in the Southeast Asian Region in many prominent law
firms.
Major
Issues in the Thai Patent System by Jakkrit Kuanpoth. This article
was reprinted from the Law Journal of the Thailand Barristers Association
with the author’s permission. The articles analyzes the Thailand Patent
Process with comparison to the process and requirements of other jurisdictions.
Khun Jakkrit is an associate professor of Law at Sukhothai Thammatirat
Open University in Thailand and a leading scholar on Thailand Intellectual
Property issues.
A
Legal Guide to Internet Usage by Jonathan Leeds. This article was
presented at the Conference on Legal Issues for Corporate Counsel, hosted
by the Nation newspaper and Asia Business Forum. The conference was
held on March 15-16, 2000 at the The Royal Meridian Hotel in Bangkok.
The article discusses legal issues surrounding internet, web site and
email usage with an emphasis on US and Thai law. The article may be
of particluar interest to businesses and employers, especially those
within Thailand.
Thailand’s
New Bankruptcy Court. This articles describes the basic structure
of Thailand’s special bankruptcy courts which were originally formed
in response to the recent economic crisis.
The
Utility Model: A New Form Of Protection for Minor Inventions by
Fabrice Mattei. This articles discusses the registration of utility
models in Thailand, and the rationale for using this new form of intellectual
property right protection.
A
Legal Perspective on Y2K in Thailand by Jonathan Leeds. This article
is published in the August 1999 edition of the German Thai Chamber of
Commerce magazine. The article highlights the legal implications of
Y2K failures and potential liability in Thailand. The article also examines
the governmental framework and status in preparing for the Y2K problem.
In researching this article, the author interviewed key government experts
at NECTEC (the governmental computer technology ministry). Finally,
the article suggests a checklist for companies and individuals to use
in protecting themselves from Y2K liability problems.
THAILAND'S
NEW TRADE LAW SEEKS TO ELIMINATE UNFAIR TRADE PRACTICES AND MONOPOLIZATION
by Fabrice Mattei. This article is an analysis of Thailand's New Competition
Law. Mr. Mattei is employed by Mongkolnavin Law Office and is an expert
in Intellectual Property and Information Technology Law. He holds a
degree in Law and a Diploma in Intellectual Property Law. Mr. Mattei
was the first attorney officially recognized by the French Embassy in
Thailand as an Intellectual Property Law specialist.
THE
THAI CONSTITUTION OF 1997 SOURCES AND PROCESS by Borwornsak Uwanno
& Wayne D. Burns. This is a reprint of an article originally published
in the University of British Columbia Law Review, Vol.32: Number 2,
1998. Mr Uwanno is the Dean and a Professor of Law at the Faculty of
Law, Chulalongkorn University He is aformer CDA member and secretary
to the Drafting and Scrutiny Committee of the CDA. He is also a former
member of the House Ad Hoc Committee on Constitutional Reform(1993-94)and
a former member of the CDD. Mr. Burns is a foreign expert at the Faculty
of Law, Chulalongkorn University. He holds an LLM from the University
of British Columbia, class of 1992.
The
Income Tax Treaty Between the United States and Thailand: An Overview
and Analysis - The Income Tax Treaty Between the United States and
Thailand: An Overview and Analysis -by Jonathan Leeds. This article
was published in the Sukhothai ThammathiratLaw Journal (Thailand) in
Volume 9, Issue 2, December 1996. The article deals with the Convention
For the Avoidance of Double Taxation Between the United States and the
Kingdom of Thailand. The Convention was ratified in February, 1998.
The "Double Taxation Treaty", along with the economic downturn and other
recent changes in Thailand's legal framework should all contribute to
increased US investment in the Thailand region.
US
International Law Enforcement Cooperation: A Case Study In Thailand
- US International Law Enforcement Cooperation: A Case Study In Thailand
-by Jonathan Leeds. This article was published in the Journal of International
Law and Practice of the Detroit College of Law at Michigan State University,
Volume 7 Issue 1, Spring 1998. The article deals with the mechanisms
that the United States uses to enforce its criminal laws outside of
its own jurisdiction, and in particular, within Thailand. The article
also deals with the broader policy issues involved in the exercise of
US criminal jurisdiction outside of its borders. The article has been
republished in the Thammasat University Law Journal (Thailand) in the
December 1998 edition.
Thai
Governmental Structure (Under 1997 B.E. 2540 Constitution) This
article provides an overview of the Thai Governmental Structure, as
set up by the most recent Constitution of 1997, including the role of
the King, the Executive and Legislative branch as well as the Judiciary.
Allen Briggs, the author of this article, is a member of the California
Bar, and currently teaches Law at the Asian University of Science and
Technology (Thailand).
FREE
MOVEMENT OF GOODS WITHIN EU by Saravuth Pitiyasak is a Lecturer
of Law at Sukhothai Thammathirat Open University.
US
Immigration Applications and Waivers of Inadmissibility:
The following article will be of particular use to American Citizens
wishing to submit applications for K1 or K3 fiance or marriage visas.
In addition to discussing grounds for inadmissibility the article includes
information on waivers, such as the Application for Waiver of Ground
Excludability (Form I-601). Also, practical information is provided,
including the address, office hours, and jurisdiction of the Department
of Homeland Security, Bangkok District Office.
The
Trafficking of Filipino Women and Children Judge Nimfa Cuesta Vilches
explains the situations which give rise to illegal human trafficking
and the current legal frameworks, organizations, and guidelines for
identifying and enforcing trafficking violations in the Philippines.
Public
Participation in Environmental Protection and Thai Folk Wisdom.
By Dr.Alexander Shytov. This article discusses environmental protection
and the effect traditional Thai folk wisdom and public participation
has on the development of Environmental Law in Thailand.
Private
Use on Musical Works, Rights of Public Performance, and Collecting Society
Systems. By the
Honorable Judge Visit Sripibool of the Thailand Court of Intellectual
Property and International Trade. This comprehensive article discusses
the potential conflict of interest problems created by the use of copyrighted
works in restaurants, shops and karaoke establishments in Thailand.
ASEAN
Bilateral Investment Agreements Dr. Lawan Thanadsillapakul provides
an analysis of ASEAN bilateral investment agreements by examining the
differences between various ASEAN bilateral investment agreements including
how they compare and contrast with those of nations. She discusses the
situations which have given rise to the bilateral investment agreement
process and provides explanations for the similarities and differences
between bilateral agreements within and outside of the ASEAN structure.
Regulatory
Reform and Competitiveness in Thailand
by Sukda Thanitcul. This article examines current regulatory reform
, privatization and deregulation in Thailand in light of political and
economic developments and the long-term structural effects of such policies.
