Legal Update Week 17 – 18

Legal Update Week 17 – 18 (23 April – 6 May 2019)

 

Thailand legal news

 

  • 26 April 2019:
    • The Office of the U.S. Trade Representative (USTR) released annual Special 301 report on the adequacy and effectiveness of trading partners’ protection of intellectual property rights. Thailand remains on the Watch List (WL), since it has been moved up from Priority Watch List (PWL) in 2017.

*Lately, Thailand implemented defensive and supportive measures for intellectual property (“IP”) in various aspects e.g. increasing efficiency for IP registration, providing the international trademark registration system under Madrid Protocol, amending patent laws, taking serious action to reduce infringement in both marketplace and internet.

 

  • The poll regarding the status of Thai labour revealed that 95% of low income labours (less than THB 15,000) is in debt (approx. THB 158,855 per household) and 86.2% of them has no saving. Money (debt) is spent mostly on daily expenses and accommodation.

 

  • 29 April 2019:
    • The Office of Trade Competition Commission has launched the legal guideline to consider unfair behaviors of wholesale and retail businesses. This guideline will be opened for public hearing during 29 April – 28 May 2019, then will be concluded and enforced.

 

  • 1 May 2019:
    • The Minister of Transport (“MOT”) prepared 5 options to compensate Hopewell (Thailand) Co., Ltd. (“HW”) for termination of contract after the Supreme Administrative Court ordered State Railway of Thailand (“SRT”) and MOT to pay THB 11.8 billion, plus 7.5% per annum interest. For more details regarding this case, please see the timeline below.

 

 

*These massive losses derive from many loopholes in the concession contract e.g. SRT has no right to terminate the contract when HW is unable to fulfill the terms and conditions.

 

New Cabinet resolutions

24 April 2019:

  • Approved Draft: Draft Reg. (No. ..) B.E. …. issued under the Revenue Code re: tax exemption (tax measure to promote and support electronic tax system).

 

30 April 2019:

  • Approved Draft: Draft Min. Reg. indicated the restricted areas for construction and modification for specific types of buildings in Phayathai and Ratchathewi, Thonburi, Khlong San district, Bangkok.

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