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Seminars Events &Conferences
Negotiating & Managing Construction Contracts 2-3 April 2008, Shangri-La Hotel, Bkk. Organized by the Asia Business Forum.
5th Annual Asia Pacific Trusts & Offshore 16-17 April 2008, Shangri-La hotel Kuala Lumpur, Malaysia. Organized by the EG Communications.
Practical ASEAN Tax Strategies 19 April 2008, Navote Siam Square Hotel, Bangkok. Organized by the Unique Seminar.
Housing the Poor by Market Approaches 21-23 April 2008, at The Novotel Bangkok Hotel, Siam Square, Bkk. Organized by the Thai Appraisal Foundation
Company&Securities Law 2008 23-24 April 2008, at Royal Orchid Sheraton Hotel, Bkk. Organized by the Asia Business Forum
One-Day Lecture on REITs 25 Aprial 2008, at Queen Sirikit National Convention Centre, Bkk. Organized by the Thai Appraisal Foundation
Tax Planning with Double Taxation Agreement’s in Practice 8 May 2008, Pan Pacific Hotel, Bkk. Organized by the irving Siminar
Mergers & Acquisitions 5-6 June 2008, at Royal Orchid Sheraton Hotel, Bkk. Organized by the Asia Business Forum
Compulsory Licensing of Life-Saving Cancer Medication

In the face of opponents from the Pharmaceutical Association of America and pharmaceutical companies, the Thai government continues to abide by its compulsory licensing of essential, life-saving cancer medications to enable poor patients to access quality generic versions of patented medication.

Compulsory licensing is expected to save lives while at the same cost multinational pharmaceutical companies great financial loss.

In a letter dated 30 Jan 2008 by the Pharmaceutical Association to the United States Trade Representative (USTP), the association urged the USTP to downgrade Thailand to Priority Foreign Country instead of the country's current status on the Priority Watch List, based on claims that Thailand had not informed the patent holders prior to the announcement of compulsory licensing. Countries are ranked and placed in one of three categories: 1) Priority Foreign Country, 2) Priority Watch List, or 3) Watch List. The worst of these is Priority Foreign Country, subject to sanctions by the US. According to commentary by the Intellectual Property Alliance, Thailand will likely remain on the Priority Watch List. more

Escrow Business Law : New escrow business the law is intended to protect buyers and sellers of real estate from possible fraud and deceit through the services of a neutral third party who holds funds, property, or legal documents for disbursement once certain conditions are met as instructed by the buyer and seller. more


2008 Top Thailand Legal and Business Stories

 

TLF NEWS 24 Mar 08 New Rules on Company Registration
TLF NEWS 2 Mar 08Capital Controls Lifted

TLF NEWS 22 Feb 08 Law Students Seek Compensation for Invalid Degrees
TLF NEWS
21 Feb 08 Penalty for Offering Caffeinated Drinks
TLF NEWS
19 Feb 08 Alcohol Laws
TLF NEWS
14 Feb 08 Panels to Review Constitution
TLF NEWS
12 Feb 08 Ban on Smoking
TLF NEWS
12 Feb 08
Tax Breaks for Parents of Disabled Children
TLF NEWS 12 Feb 08 Import Rules
TLF NEWS 6 Feb 08 PPT Granted Extension
TLF NEWS 6 Feb 08
Autonomy Granted Prestigious University

  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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