July 22nd, 2009 at 06:42pm
Under trademark law
Thailand has a great number of law firms, each of them offering a host of services in almost all areas such as legal, tax, real estate, corporate, and back office works. However, it is important that clients must know the different types that practice in Thailand, and which one is most suitable to accomplish their goals or to minimize prospective risks from trailing a Thai legal action. Discussed further in this article are some of the different categories, as well as how to select the most appropriate one according to your needs.
Perhaps most prominent are local Thai firms, since they are adept in handling litigation cases as well as other cases occurring within the judicial system of Thailand. In contrast to international concerns, these deal with cases pertaining to small and medium Thai business units. Although they are proficient in Thai laws and regulations, they mostly do not handle cases related to foreigners working or living in Thailand. In addition, local Thai firms’staff usually consists of only Thai speaking personnel, and hence people fluent in English cannot be found here. But, some local firms offer the service of trial lawyers in order to help foreigners with their legal matters. Usually, local firms charge fees according to the nature of services, which mostly range between 120 to 300 US dollars / hour.
Among the services offered by Thai firms are transactions with regard to commercial and real estate companies, patents and trademark registration, trademark renewal, procedures regarding license agreements, and enforcement of intellectual property.
Alternatively known as foreign law advisors, international law firms are one of the most important categories, and they mostly work in association with large overseas international law concerns. In other words, they are usually a branch of an overseas parent law concern. These firms primarily engage in providing advice to their clients on such matters as foreign laws and regulations and transactional procedures. Further, they usually cater to the needs of giant private and corporate international clients rather than small or medium businesses. Their rates are exceptionally high when compared to other categories.
Thai international law firms render legal services in such arenas as property investment, contract law and corporate law, real estate, customs and immigrations, will and estate, and trust and property management.
Other types include those whose staff consists of either foreign managers or partners, who in turn act as an intermediary between foreign clients and local Thai attorneys. In some instance, these firms may be solely managed by the foreigner with local Thai attorneys. Some may possess a law degree from their countries and others may not have a degree and they only serve as a link between clients and attorneys. Further, they mostly have sound knowledge on western law as well as the laws pertaining to their home countries, apart from being fluent in Thai language.
This category of law firms provide services in almost every field like banking sectors, taxation, negotiation of contracts, hotel industries, and information technology and insurance sectors.
Another popular category is law providers, including pseudo law firms. They are mostly managed and operated by non lawyers, who may be local Thais or foreigners. In addition, their business may or may not have licensed attorneys. However, although the staff may contain authorized attorneys, these firms are typically managed and owned by non lawyers. Sometimes, customers willingly approach these kinds of firms, since they are ready to undertake any kind of risks that are not taken by other firms.
Whether it be any type of Thai law firm, it usually renders services with regard to national contract law, setting up of companies, shareholder agreement, tax advice and tax optimization, accounting as well as tax computation, preparation of balance sheets, and project management.
With umpteen to choose from, you can easily find a law firm in Thailand. But, before approaching one, it is important to make a thorough investigation regarding its professionalism and services rendered.
July 10th, 2009 at 06:42pm
Under intellectual property
Intellectual property is one of the major types of capital assets. It is usually the result of a human brain’s intellect. It can be either tangible or intangible. Idea, process, and theory are some of the most popular forms of intangible category. Included in the tangible type is product, invention, or any such kind of tangible medium such as discovery, creation, or a specific knowledge.
Based on several factors such as background, intellectual output, dynamic technology, and economic and social interests, intellectual property in Thailand is classified into two sections: Industrial Property and Copyright. Industrial property is again categorized into patent for invention and utility model and design, trade mark, integrated circuit, trade secret, trade name, and appellations of origin.
A member of the World Trade Organization (WTO), Thailand’s each intellectual property is unique and has different requirements. Hence, they possess different legal treatments. All of the laws pertaining to the development, promotion, and protection of them are managed by the Department of Intellectual Property (DIP), which in turn is under the control of the Ministry of Commerce of the Kingdom of Thailand.
Among the responsibilities of the DIP are: protection of intellectual property rights under the Patent laws, the trade marks laws, the law of copyrights, and the trade secrets law; formulating rights for the purpose of the promotion of the creation of new intellectual property works; developing information technology systems; and restructuring and modernizing laws in order to ensure maximum efficiency and protection.
Further, a special court operates here for the protection of intellectual property laws in the Kingdom of Thailand, namely, the IP & IT (Intellectual Property and International Trade) court system. Some of the prominent features of this court system are exclusive jurisdiction on the enforcement of both civil and criminal matters of intellectual property and exclusive jurisdiction on the enforcement of arbitral awards in intellectual property and international trade matters.
Now we will discuss laws related to some of the major types of intellectual property, such as, patent laws, trade marks laws, and copyright laws.
Patent Law
- A patent is usually provided for an invention that is new as well as innovative. In some instances, petty patents are granted for the purpose of the protection of designs
- Al though, Thailand not a member of the Patent Cooperation Treaty (PCT), residents, nationals, and those with ongoing business existence in the country with a membership from the Paris Convention or the World Trade Organization can file for a patent in Thailand. However, the application for patent could be filed only in the country where the product it has been originally invented.
- Among the documents mandatory for filing of patent application are deed of assignment, power of attorney (if required), statement showing applicant’s rights, and applicant’s information
- Procedures included in a standard patent filing include steps like filing of application for patent, publication, request for examination, and the registration of the patent. All of the patent-related documents are translated to the Thai language
- It takes a period ranging 2-5 years from the date of filing for the acquisition of patent. But, the duration of patent registration varies according to the nature of patent, such as, invention, design, and petty
Trademarks
- Collection marks, service marks, and certification marks are some of trademarks that can be registered in Thailand
- Trademarks applications are usually handled by the Trademark Division of the Department of the of Intellectual Property
- For applying for trademark, the applicant must have a permanent business location in the country. A non resident can apply only through a Thai resident by granting him the power of attorney
Copyright Laws
- Copyright is usually for the protection of original works of authors engaged in various art fields, such as, literature, music, and architecture. Apart from these, it also covers works related to other fields such as computer software
A large number of law firms operate in Thailand to provide world-class services for Thai intellectual property related works. Usually, the services in connection with them are offered by local Thai law firms.
Most significant among the services offered by majority of these law firms are protection regarding patents, domain names, trade mark, and copyright registration; intellectual property management covering several aspects like drafting, negotiation, and business support; and investigation regarding patents and copyright. Also, covered in the services are trademark registrations, infringement challenges, compliance and protection of trade secrets, licensing, and providing confidentiality with regard to agreements.
However, before approaching a law firm in Thailand for acquiring intellectual property law services, a thorough investigation must be conducted with regard to its professionalism, reputation, and the way it renders the services. The internet also serves as a great way to hunt for the most suitable Thai law firm, since many of the service providers have their sites on the web with such details as services they render and their fee.