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Announcement:
LL.D. Dr. of Laws International (English Language) Program is now being offered at Ramkhamehang University in Bangkok, Thailand. The program is conducted by university professors from the U.S., Canada and Europe. Contact Dr. Ulrich for more information or check out the program website.

Seminars Events &Conferences
Resolving Excise Tax Disputes with the Excise Department: Taxpayers (Thai Language) . 15 Dec 2007, Novotel Siam Square Hotel BKK. Organized by Unique Seminars.
Negotiating, Drafting & Managing Commercial Contracts 17-18 December 2007, Centara Grand At Centralworld BKK. Organized by the Asia Business Forum
The Practice of Thailand's Double Tax Treaties 2008 19 Jan 2008, Novotel Siam Square Hotel BKK. Organized by the info@uniqueseminar.com
Regulatory Updates & Efficient Tax Planning 2008 14-15 Feb 2008, Royal Orchid Sheraton BKK. Organized by the Asia Business Forum
 

NLA Votes For Internal Security Act

The National Legislative Assembly voted in favor of the Internal Security Act in a 10 November meeting according to media sources.  Although the act has been a source of controversy since it was proposed in the middle of the year, it received 101 supporting votes and only 20 opposing votes from NLA members.If passed the bill will give the Internal Security Operation Command (ISOC),
which is reportedly modeled on the American Department of Homeland Security, the authority to arrest and detain persons suspected of committing certain crimes without obtaining a court warrant.  The Act has been justified as a need to counter national security threatsincluding
If passed the Internal Security Act will give the Internal Security Operation Command (ISOC) the authority to arrest and detain suspects without a warrant
narcotics, terrorist attacks, trouble in the Deep South and illegal immigrants.  Academics have spoken out against the Act calling it a violation of human rights.  The bill is currently being considered by the Council of State.
ELECTION UPDATE : Three bills on the Election Commission (EC), political parties and the installation of the House and Senate passed the National Legislative Assembly yesterday on the second and third readings with minor modifications.   The general election must now take place within 90 days of the passage of the laws and the Senate must be installed within 150 days.

2007 Top Thailand Legal and Business Stories
  TLF NEWS 20 Aug 07 Draft Charter Approved
TLF NEWS 8 Aug 07 Computer Crime Act Goes Into Effect
TLF NEWS 25 July 07 Cabinet Approves Measures to Relieve Pressure on Baht
TLF NEWS 20 June 07 Security Bill Approved
TLF NEWS 6 June 07 Thailand to Sign FTA with India
BLOG 5 July 2007 Is the Foreign Business Act Suffocating in the Basement?
TLF NEWS 9 Jan Amendments to Foreign Business Act Passed by Cabinet
TLF NEWS 20 Dec 06 BOT Relaxes Reserve Requirement
TLF NEWS 18 Dec 06 BOT Issues Reserve Requirement
  

  Thailand Law Forum: Feature Article  
 

Thailand -Australia Free Trade Agreement (TAFTA)- Regulations and Procedures

 
 
Roberto Bergami considers the implications of the 2005 Thailand-Australia Free Trade Agreement on bilateral trade.
  
  Thailand Law Forum: Feature Article  
 

Burmese Workers in a State of Forced Labor Within and Without Burma

  
  Jason Douglas Hoge analyzes the deprivation of Burmese workers rights to freedom of assembly and collective bargaining under Burmese and Thai Law.  
  Thailand Law Forum: Feature Article  
  Globalization and the Decline of Legal Consciousness: Torts, Ghosts, and Karma in Thailand  
  David M. Engel examines the transformation of legal consciousness associated with globalization through the injury narratives of ordinary Thai people. He finds that injury victims are more likely to conceptualize their grievances in terms of religiosity than rights.  


SUPREME COURT OPINIONS
SEVERANCE PAY
Lamduan Keawthai vs. M.C.S. Steel Co. Ltd.

The plaintiff was employed by the defendant and loaned money informally within the defendant's company in violation of the defendant's orders.  The defendant may cease to employ the plaintiff and does not have to pay severance pay or give advance notice.
COPYRIGHT
Rolex A.S. Company v. Nuntana Pitsaithakorn

Although the defendant wishes to produce and sell a watch under the name “Solex”, there is no evidence that customers will confuse this brand with “Rolex” as they know that “Solex” is a trade-mark of a key company. Therefore the defendant can register a trademark under the name Solex ”without being in violation of any laws.

INTELLECTUAL PROPERTY

Castle Ridge v. Department of Intellectual Property

"Choanpoy" and "Peepe" are the names of Chinese herbs which can be used to remedy coughs and abate phlegm. These two words were combined with the word, "Kor" which means cough for the name of the trademark, Choanpoypeepekor. Because the name of this trademark is only the name of the herbs and the word cough with no modification, it is illegal. Therefore the trademark registration is revoked.

UNAUTHORIZED SALE OF LAND

Sangvol et al. vs. Darawong et al.

The first defendant was authorized to withdraw a mortgage on a piece of land, however, she also registered the land in her name even though she was not authorized.  The first defendant sold the land to the second defendant and the second defendant mortgaged the land to the third defendant.  The plaintiff has the right to bring legal proceedings against the second and third defendant but not the first defendant because the first defendant is her mother.  
 

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