Loose Lips Sink Ships: Protecting Trade Secrets
LOOSE LIPS SINK SHIPS: PROTECTING TRADE SECRETS Most new businesses spring from a good idea; a “Eureka!” moment about how to do something that nobody’s ever done before, or maybe how to do it better than anyone else ever has. Perhaps it’s a new product or a service that will capture peoples’ imagination and attention […]
Kicking And Screaming In The Land Of Smiles
So you’ve made your way into Thailand, legally, and you figure you’re all squared away with the immigration authorities. Well, maybe not. While the vast majority of short-term visitors enter and leave the kingdom without incident or concern, its ironically the case that foreigners who have taken the time and effort to obtain more complicated […]
Perception And Reality: Global Awareness And Respect For Intellectual Property Rights
The World Intellectual Property Office just released the results of their first-ever global survey of more than 25,000 respondents in 50 countries around the world regarding consumer perceptions and awareness of intellectual property rights. Five categories of intellectual property rights were selected for the survey: copyrights; designs; geographical indications; patents; and trademarks. Although well worth […]
Market Forces Or Regulation: Social And Economic Choices For Cannabis Reform In Thailand
The cannabis industry in Thailand has maintained momentum following the previous administration’s decision to remove the plant from the country’s narcotic list in June, 2022. But that isn’t to say that everyone is happy about it. Political posturing leading up to and following the installation of the new government in August suggests that policy changes […]
Words That Hurt
You might have been told when you were growing up that “sticks and stones can break my bones, but words can never hurt me.” Some of you went on to learn the hard way, though, that the wrong words at the wrong time or place could earn you a slap across your cheek, or a […]
Retirement Visas For Foreigners In Thailand
Foreigners and overseas investors contemplating doing business in Thailand must contend not only with the machinations for the legal structuring and formation of their business, but also with the requirements and formalities concerning their personal, physical presence in Thailand as well. Whereas the former issues are overseen by the Ministry of Commerce, the latter fall within the purview of the Department of Immigration. Although in most instances foreign investors running a business in the kingdom will invariably need both a non-immigrant visa as well as a work permit, certain others may benefit from a so-called “retirement” visa discussed below.
IPR Enforcement In Thailand’s CIPITC
Many intellectual property rights holders and practitioners outside of (or even inside of) Thailand with whom I speak are surprised to learn there’s a specialized court system here that focuses specifically on IPR enforcement by adjudicating disputes, including infringement and invalidity issues. Launched in 1997 in an effort to attract foreign trade and investment by ensuring “convenience, expediency and fairness of proceedings”, the Central Intellectual Property and International Trade Court (CIPITC) presently has national jurisdiction over civil and criminal cases involving patent, trademark, or copyright offenses and infringements.
Thai Corporate Structures For Overseas Investors
Thailand’s decision to de-criminalize cannabis in June 2022 prompted a new wave of foreign investment into the kingdom, as entrepreneurs from around the world sought to get in on the action while the getting was good. The past year or so has seen a free-for-all of market activity, resulting in thousands of new business formations for cannabis dispensaries alone. Though heavily politicized heavily during the recent national elections, doors into the market remain open (at least for the time being) for speculators interested in growing, processing, or distributing cannabis on a commercial basis in Thailand. Various types of business structures are available to foreign investors for such purposes.
The value of an MOU
Business negotiations in Asia, particularly those involving parties of different nationalities, usually involves several meetings over an extended period of months, as well as an ongoing exchange of communications in between. The process will usually take longer and may seem more drawn out than would be the case if, for example, both parties spoke the same native language and lived in the same city. The more people that are involved in such negotiations, the greater the likelihood of some misunderstanding by someone about what has been discussed or agreed. A helpful tool to ensure that discussions stay focused and moving forward is the Memorandum of Understanding (MOU).
U.S. Visa Requirements For Foreign Music Artists
Recently, a band I know from of in Taiwan was excited to receive an invitation from an event organizer to join the line-up of a big 3-day music festival in the United States. Like many Asian musicians, these guys are keen to tap into the U.S. market and they hoped they could also build in some other gigs before and after the festival in order to maximize their exposure on the ground there. Unfortunately, a misunderstanding between the parties concerning U.S. immigration requirements and procedures caused the band’s management to decline the invitation.