Supreme Court Opinions |
THE GROUND FOR DIVORCETS
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi
The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.
SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse
The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.
The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired. |
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Thailand
Legal News Updates:
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NEWS : |
Agreement to Promote Access to Drugs
12 March 2009
An agreement has been reached following a meeting in Washington between the Thailand Commerce Ministry, the Pharmaceutical Research (PhRMA) and Manufacturers of America, and the Biotechnology Industry Organisation (BIO) to promote research and development as a means of accessing cheaper drugs by Thais, instead of imposing compulsory licensing. This meeting follows the PhRMA’s recommendations to downgrade Thailand’s trade status.
According to a minister of the Commerce Ministry, the PhRMA and the BIO have acknowledged the Thai government’s attempts at protecting intellectual property in Thailand as well as providing care for Thai citizens, and have expressed their desire to assist Thailand in research and development of quality and affordable medicines. In furtherance of this, the BOI has invited Thai researchers and scientists to attend its biotechnology seminar from 18-21 May in Atlanta, Georgia so that Thailand will have the knowledge necessary to improve its drug making capabilities.
The Thai Commerce Ministry has explained to the PhRMA that compulsory licensing would be used as a last resort if drug companies would help Thai people access cheaper drugs. |
Prime Minister Explains Thailand’s Stance on Licensing
5 March 2009
Thai Prime Minister Abhisit Vejjajiva yesterday explained Thailand’s stance on compulsory licensing to US Ambassador Eric John and senior staff of the US Asean Business Council. He stated that Thailand’s enforcement of CL was in line with the World Trade Organization’s agreement. He explained that the government was concerned with intellectual property protection, and had consulted the private sector when considering possible enforcement. The government had reviewed other options which would provide access to cheaper drugs, including price negotiations with drug companies.
The Prime Minister said that if the United States Trade Representative downgrades Thailand on its watch list on intellectual property rights, this would have negative impacts on compulsory licensing concerning patents in Thailand. He stated, however, that Thailand had tried to appease the US and that progress had been made, although he mentioned that the Thai government would not trade lives for an upgrade on the USTR’s watch list.
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Bill to Protect Suspects in Custody
5 March 2009
The Justice Ministry has proposed a bill requiring joint investigation between public prosecutors and police concerning deaths of suspects during custody or extrajudicial killings. The bill is intended to enhance the protection of human rights.
The bill requires public prosecutors to have a part in the issuing of warrants of search or arrest, and other police acts. Under the bill, public prosecutors have the power to order police to investigate obscure issues in the killings or collect more evidence as they deem appropriate. Witnesses may be summoned by prosecutors in any process of the case. Furthermore, police are authorized to scrutinize deaths, without outside help, in which there is a hurry to close the case. |
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