Legal Update Week 45 – 46
Legal Update Week 45 – 46
(November 2021, reading time approx.: 4 minutes)
Thailand Legal News
The One Insurance’s business license has been revoked
- Since 13 December 2021, the Ministry of Finance suspended the operating license of One Insurance, due to its lack of financial liquidity in the face of massive claims from COVID-19 insurance customers (totalling more than THB 2 Billion).
PWO officers involved in THB 1 Bil. Medical Gloves deal Fraud
- Three senior officials (Pol. Col. Roongroj, Kiatkachorn, and Muratatorn) from the Public Warehouse Organisation (PWO) entered into a fraudulent deal with a manufacturer, Guardian Gloves, and placed a deposit of THB 1 Billion. without approval from the PWO’s board of directors. Consequently, the PWO officials have been dismissed and will be sued in civil court for serious disciplinary violations.
Cancellation of Test & Go following the confirmation of 205 Omicron cases
Test & Go was a programme that allowed 63 international countries to enter Thailand without quarantine. However, as Omicron cases were doubled and mostly found in the international arrivals (since the program was launched in November), the government decided to suspend the Test & Go scheme until 4 January 2021, with the alternatives of entering Thailand through the scheme of Phuket sandbox or the state quarantine.
The IPIT Court ruled in favour of Fire Tiger
The famous bubble tea store, Fire Tiger (plaintiff), sued Fire Bear (defendant) for trademark infringement. Th Court decided that the store’s name, products, services, and the technique used to serve the drinks through the animal head (the Court introduced the concept of “trade dress” in this case), is a passing off that misrepresents and causes the customers to believe that the defendant’s products or services belong to or associated with the plaintiff’s brand. Thus, the Court then ruled in favour of the plaintiff, whereby requiring the defendant to pay THB 10 mil. in compensation and THB 100,000 per month until the defendant ceases to violate the plaintiff’s right.
16 November 2021
Permission for certain groups of aliens to remain in the Kingdom until 31 December 2021:
- The Cabinet has granted an extension period for specific categories of aliens to stay in Thailand due to the COVID-19 pandemic. The permitted groups are as follows: (1) hold a non-immigrant visa (including, a visa on arrival), (2) permitted to stay in the Kingdom temporarily due to visa exemption privileges, (3) permitted to stay in the Kingdom temporarily under the Investment Promotion Act (BOI), etc., (4) allowed to stay in the Kingdom for more than 90 days, and such 90-day reporting obligation is reached on the date this draft Notification becomes enforceable.
Thailand’s GDP shrank by 0.3% in the third quarter:
The Office of the National Economic and Social Development Council (NESDC) reported that private investments were decelerated, particularly in the machine tool and construction sectors. Nonetheless, the NESDC anticipates that Thailand’s economy will gradually improve in the fourth quarter, with 1.2% inflation and a current account deficit of 2.5% of GDP. The government’s measures to encourage foreign investors to stay and invest in Thailand are expected to boost the economy by at least 3.5% in 2022. There will also be a promotion of private investment by expediting entrepreneurs who have been approved and obtained a BOI promotion certificate to immediately start making a real investment in Thailand after such certificate’s adoption.
The Narcotics Code B.E. 2564
- All previous narcotic legislations have been repealed as a result of the implementation of this Code. The fundamental principles are that the wrongdoer will be adequately punished proportionate to the seriousness of his action. Additionally, more practical anti-drug networks measures, such as valued-based confiscation, will be employed. Furthermore, drug users or possessors will be able to choose therapy over being prosecuted in court by using the rehabilitation system. Moreover, the law stipulates that anyone who allows others to use his name for the registration of a financial transaction or to use a bank account by knowing or should have known that it would be beneficial to commit a serious narcotic offense, will face a penalty of 3 years imprisonment and/or a fine of THB 60,000.
Act on Procedure of Narcotic Case (No.2) B.E. 2564
- Some provisions under this Act have been revised to align with the recently enacted Narcotics Code B.E. 2564. For example, the term “narcotics” is being re-defined. When there is any suspicion of narcotics, the Office of the Narcotics Control Board will have the responsibility and authority to search, seize, confiscate, arrest, investigate, examine, and etc. Besides, the defendant’s presence in front of a court official during the filing of an appeal or petition must be in connection with the Criminal Procedure Code.
Lorenz & Partners
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Thung Maha Mek, Sathon, Bangkok 10120
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