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Supreme Court Opinions

Mrs.Thidatip Srirun vs. Mr. Lerts Srirun

The plaintiff registered her marriage with the first defendant, who thereafter registered a subsequent marriage with the second defendant and lived with the second defendant as husband and wife although the first defendant and the plaintiff had not yet divorced. The plaintiff filed a divorce in Thailand and claims for right to child support payment from the first defendant. The Supreme Court overturned the ruling of the Appellate Court on child support payment issues in this case.

Miss Napit Injan vs. Sabkeaw Co., Ltd

The plaintiff (buyer) did not make the transfer of condominium ownership within the specified time as stated in the letter the defendant (seller) claimed was sent to the plaintiff, yet the defendant made another appointment to transfer ownership of the condominium unit at a later date, and permitted the plaintiff to inspect the cracks in the wall of the disputed unit. The court finds that, although the defendant's letter stated that the agreement would be terminated if the transfer of ownership was not made in the specified period, the agreement was not invalidated in this instance as the defendant's actions were indicative of the defendant's intentions to sell the condominium unit.


Mrs. Payoun Keawketthong et al. vs. Mr. Kamol Tanangsanakul by acting representatives Mr. Koukert Tanangsanakul et al.

Adverse possession of the land of another person, permitted according to section 1382 of the Civil and Commercial Code, is subject to possession of land with a title deed only and based on the condition that the trespasser must have resided on the land for a continuous period of 10 years or more. Based on this condition, the defendants were deemed not entitled to ownership of the disputed land.

Thailand Legal News Updates:


Thailand to Adopt the Madrid Protocol for Trademark Protection

9 June 2008

To facilitate greater protection for trademarks, the Thailand Intellectual Property Department aims to embrace the Madrid Protocol, which will allow an applicant's trademark to be protected in all countries endorsing the protocol by the applicant filing a single application from a member country. Pajchima Thanasanti, director of the Trademark Office, believes the adoption of the Madrid Protocol will boost the department's revenue by encouraging foreigners to file a trademark application in Thailand. The department received 365 million Baht in revenue last year, with expenses at 189 million Baht.

According to sources, the department's Director General Puangrat Asavapisit believes a change to an independent body would provide more flexibility for the department and the department could handle the change as the department generates enough income. Being an independent body would help senior personnel to manage the workforce. With the 18,000 pending applications filed, it would take an estimated three years to process the applications based on the current structure of the department, but a change to an independent body would shorten the time to a year.

Legal Service Center for Foreign Filmmakers

9 June 2008

The government of Thailand approved legislation to establish a center for helping foreign filmmakers with legal documentation during the filming process in Thailand. This provision would be a way of increasing the revenue for the country according to media sources. The government's revenue increased last year because 92 Indian production companies produced their films in Thailand.

Samak Government's Position on the Foreign Business Act

12 June 2008

In a speech at a luncheon held by the Belgian-Luxembourg/Thailand Chambers of Commerce, deputy prime minister and industry minister Mr. Suwit Khunkitti stated that the Samak government has no intentions of approving the proposed amendments to the Foreign Business Act. Media sources report Mr. Khunkitti as stating: "The Foreign Business Act amendments would create unfavorable investment conditions in Thailand, and it is not possible for the government to touch the act when it wants foreign investors to help GDP growth reach the 6% target."

Amendments to the Act were proposed earlier last year but never enacted into law. Foreign businesses and foreign chambers of commerce expressed disapproval regarding of the amendments.

Mixed Reaction to Radio and Television Broadcasting Bill

18 June 2008

The Radio and Television Broadcasting Bill, approved by Cabinet on 10 June 2008, may become law by the end of this year. The Bill governs the licensing of radio and TV operations, namely frequency band, satellite, or cable operations. Broadcasting frequencies can be classified as a public service, a community service, and a business-oriented operation. Concession terms are 7 years for a radio station and 15 years for a TV station.

Commentators have expressed disapproval for the bill and perceive the bill as a channel for decreasing public participation in the selection of candidates to serve on the National Broadcasting Commission, an agency established to regulate the broadcast industry, by the Bill's authorizing the Cabinet to select the candidates. Critics also express concern of diminishing public rights in that the Bill will no longer permit the public to own the maximum 20 percent of frequencies as previous and the fact that the bill was drafted without public participation. On the other hand, some perceive that the Act will better regulate the broadcasting industry, worth hundreds of billions in Thai baht.

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