Due Diligence When Buying a Business Phuket

Due Diligence When Buying A Company

For a purchase of any kind, say, buying something online, one tends to do thorough research on the product. This entails checking for anything about the product that would make one not buy it at all. This in itself is basic form of due diligence performed before the purchase of that particular item.

By definition, due diligence is the set process of making evaluations on a business or company from set aspects or perspectives before making the decision to buy. In other words, it is a very in-depth analysis of any liabilities a company has, its obligations to whichever parties, its organizational and business structure, the financials, and the legal situation that a company is in.

Due diligence is seen as one of the most important steps and processes in the purchase of a company, and as such, requires to be planned for, and completed way before the purchase of the company moves into more advanced stages. As a buyer, it is completely one’s responsibility to perform due diligence.

As is with any important business dealing, the importance of having a good lawyer in Phuket or a good Phuket law firm cannot be overstated. Once the letter of intent to purchase is signed by both parties, it is then that the seller provides all the company’s data and information not limited to client information, staff files and records, and financial and sales numbers.

Why Due Diligence?

While generally an investigation to the position of a company, due diligence differs from one company purchase to the next. Factors like industry or nature of the business affect the parameters than the investigation will seek. Due diligence aims at ensuring that the buyer of the company is protected and that nothing is hidden at the beginning, only to be uncovered when the deal is done, and the purchase is complete. Liability will have already shifted from seller to buyer.

For this and other reasons, a Phuket lawyer dealing with business or company law, specifically in the area covered by the company being bought, would be an invaluable asset, as would a tax attorney to ensure that no liabilities are on that front as well. Any findings put the buyer in a stronger position to do any re-negotiation of the initial terms if necessary, say, payable considerations to be made and have a Phuket lawyer add relevant warranties and indemnities in the purchase agreement.

What’s Involved in the Due Diligence Process?

Involvement in due diligence encompasses the buyer, a financial expert, and a lawyer or trusted Phuket law firm. Of course, intent of purchase agreements must already be presented and signed. Company records and documents that may shed light on any liability are of the highest interest. These may include agreements for sales and purchase. Any previous, ongoing or potential lawsuit-related documents are also key. This, of course, will be done by a lawyer. Company strategies, plans for future growth and expansion of operations are also important as are interviews with the company’s executive and subordinate staff to really get a good picture of the running of the company, as well as the vision. Verification of the provided inventory listing is also important and it goes towards the valuation of the company.

Steps in the Due Diligence Process

  1. Hiring the Right Personnel

If not already available, hiring the right people to perform the due diligence is key. The two most important people are:

An accountant who can perform audits and financial investigations to go through all financial records and uncover any potential irregularities;

A lawyer who has a wealth of knowledge in company mergers and acquisitions.

  1. Getting all the Right Documents

Due diligence is heavily dependent on the documents requested for or those provided. The company’s documents should include minutes at every management level, list of counties or regions that the company conducts business in articles of incorporation for the company and so on. There should also be licenses, permits, consent letters, mortgages, deeds and leases, all to be seen by appropriate Phuket lawyers.

The accountant should receive all financial documents like annual reports, tax filings, balance sheets, assets and liabilities and general ledgers for thorough investigations.

  1. Taking Stock: Inventory

Physical assets of any kind belonging to the company should be taken into account and independently verified. This includes office equipment, manufacturing equipment if any, supplies and raw materials and even real estate and other properties. A company’s assets determine its valuation and inform the buyer of what kind of offer to make to the seller.

  1. Review Of Contracts

As mentioned earlier, buying a company shifts all contractual liability from the seller to the buyer. The lawyer should, therefore, go over all agreements and contracts. The seller should provide, all contracts and agreement, the lawyers and other professionals who worked with the company in recent times.

  1. Review of Employee Records

A company’s employee handbook should also be reviewed. Resumes for the top-level management staff should be provided, as should those of the members of the board. Any issues such as employee complaints or terminations and any related or potential suits should be highlighted. Any non-disclosure and confidentiality agreements should also be looked at by the lawyer. The accountant should be provided with the list of salaries and other benefits enjoyed by the staff over a specific period.

  1. Review of Policy Documents, Legal Documents

The company’s policies should be reviewed and completely understood before purchasing a company. There should also be an assessment of any potential litigation towards the company, and if any, perform an assessment of the potential risk in terms of damages, whether financial or reputational which then the buyer will use to re-assess interest in acquiring the company.

  1. Product and Customer Data

Finally, an assessment should be carried out on everything that is consumer-facing from market perception to product performance. Any products under development should also be assessed. A review of regulatory compliance should be done, any complaints or feedback on surveys done. A lawyer proficient in copyright and intellectual property should perform checks as to whether the company’s products are registered and protected.

Final Remarks

Due diligence is vital for any company acquisition. It is a necessary process with many factors to be reviewed and consider. In some cases, one lawyer may not be enough, depending on the size of the company in question. Having an excellent team of lawyers from an established Phuket law firm will go a long way in ensuring that the process carries on diligently and that once the purchase is done, there will be no surprises.

Intellectual Property Law Phuket

Guide to Intellectual Property [IP]

Depending on the market or industry sector that you are operating in, Intellectual Property can actually be the most important and most valuable thing that the firm, or an individual owns. Now more than ever, IP ranks above physical assets. It comprises anything ranging from patents to just insider employee information. Think of it as company secrets like a secret recipe or ingredient, a formula or plans for a product yet to be launched to market. It is information which, in most cases, is intangible but proprietary. IP is a creation of the mind.

With the increased value placed on IP comes the increased risk of losing such important information. Cases of hacking, corporate espionage, and robbery are on the rise, with companies losing millions in terms of potential revenue. A good Phuket law firm will, therefore, always advice clients to take certain measures to protect any Intellectual Property in their possession. The best way to protect IP would, of course, to understand it first and have lawyers that do as well. It generally has four categories.

Trade Secrets

This can be anything that gives a business or company a competitive advantage over other players in the market. It can be a secret ingredient, a chemical formula or a device used for a particular process. The lawyer comes in when protecting trade secrets by drafting measures to keep the secret safe, like making all privy to the information sign an air-tight Non-Disclosure Agreement such that the personnel are required by law to keep the secret a secret, even if they were to leave the organization.


Copyright normally applies to creative material, in written form or as a form of art. This applies to music, videos, movies, and even publications and novels. If you’re the author of a book, a copyright ensures that no one can reproduce the contents of your novel in whichever means without your express permission and in doing so, open themselves up to legal action. Particulars may differ from one place to the next, but a good Phuket lawyer will always advice when getting the copyright and how to go about granting other parties a creative license to use your work.


This applies to manufactured and therefore tangible goods. It bars other parties from reproducing unique items that you have manufactured. A Phuket law firm with experience in international law is a huge advantage because patents can be filed internationally. This then means that to use your invention, other parties have to acquire licensing from you, which of course a lawyer will help facilitate.


Trademarks apply to branding, where symbols, sounds, names, and certain phrases associated with a platform or service or company belong to that company for a period of time, which can then be renewed. Trademarks are important as they influence brand perception and company reputation. Legal action can be taken on parties that infringe on a company’s brand or use trademarked names or symbols to tarnish a company’s reputation.

With IP comes the need for well-versed Phuket law firm that has lawyers to assist in every process geared towards protecting Intellectual Property. Talk to us today!

Due Diligence Phuket Lawyer

What is Legal Due Diligence – And why is it Necessary?

Buying a business is quite risky, especially if you don’t take precautionary measures. Why so? Let’s put this into perspective; when you buy a tangible asset such as a car or one of the beautiful pieces of real estate in Phuket, you can easily inspect the property (or hire a professional) to determine the value of what you’re buying. But when it comes to purchasing a business or similar complex asset, it’s exact value is not obvious. In business, there are many intangible items and possible hidden traps – what you see is not always what it seems.

This is where due diligence by a credible Phuket law firm comes into play. This informative article aims to guide buyers involved in business acquisitions or mergers on the importance of due diligence and how they stand to benefit from the legal process.

Legal Due Diligence Defined

Generally, due diligence refers to the activity, prudence, or level of judgment that a reasonable party is expected to perform under certain circumstances. But from the lens of corporate law, due diligence is the legal investigation carried on by a third party (such as a Phuket lawyer) on behalf of a client or a party intending to complete a business transaction such as a corporate merger or acquisition, and company obligations (potential lawsuits, contracts, warranties, debts, lease agreements etc.)

What is the Purpose of Due Diligence?

In a nutshell, the process of legal due diligence has three purposes that protect the buyer from potential legal risks as highlighted below:

  • To uncover material information that the seller may not have disclosed intentionally or unintentionally. This requires a qualified Phuket law firm that can perform a thorough scrutiny of a business activity/transaction, and provide extensive insight into all applicable legal matters.
  • To verify the legal accuracy and viability of the information provided. This allows the buyer to determine the actual status of the business and the consequences of an agreement.

What does the Buyer Stand to Gain?

By obtaining the services of a lawyer in Phuket, buyers stand to gain a lot from the business transaction (merger or acquisition). So, what’s in it for you as the client? Due diligence allows the buyer to obtain valuable information that may make or break the negotiations. Data on the target’s legal position helps you make informed decisions that guide your steps. What are the legal risks? Is the transaction a cost-effective transaction? These are all questions that are answered by the legal results from your Phuket law firm.


Due diligence is a critical and necessary step in business transactions. Your Phuket lawyer can help you verify the information provided by the seller and even uncover hidden information that is crucial to the deal. Are you planning on completing a business agreement in Phuket? Look for a lawyer with all the necessary tools and know-how of the documents needed and best practices.

Work force Phuket

Discrimination in the Workplace

As an employer in Phuket, cases of potential discrimination in your firm or company are always something to pre-consider and ensure that you have the proper measures in place to tackle such. Without proper management, such an unfortunate event may severely damage the reputation of a well-established company. As long as one has employees, it is important for you to communicate about discrimination and make the stand of your organisation known to the employees beforehand. The issue is a sensitive one which requires proper handling, such as consulting a Phuket lawyer, especially in the absence of a dedicated human resource department.

What is Discrimination?

By definition, discrimination refers to the unfair treatment because of who the individual is or on the basis of certain characteristics they possess. These characteristics include gender, age, religion, disability and race. Discrimination is unlawful, and if you have been discriminated against, please seek guidance from established Phuket lawyers and Phuket law firms well equipped to properly handle the situation and get justice for you.

In the Workplace

In the workplace, discrimination may be perpetrated in the form of reasons for hiring and lay-offs, awarding and denying promotions, job delegations, training and awarding of certain perks and benefits all based on a particular bias. For example, a man may be paid significantly more than a woman in a similar or higher position based solely on gender and not professional qualification.

Laws against discrimination do not just cover current employees, but also include those looking to join an organisation. As a business owner, it is next to impossible to completely prevent any case of discrimination from occurring. This is because while you may not be a discriminating individual, the same may not be the same for your colleagues or employees. To prevent this, there are certain steps an organisation may take to minimize the risk.

  1. Employee Sensitization and Training

The human resource personnel or department could organize training driving towards anti-discrimination. The training should cover a number of key points, including the various types of discrimination and the laws against them. This may be under the consultancy of a Phuket law firm. It should also include steps on how to handle discrimination in the unfortunate chance that it happens.

  1. Drafting Employee Handbook and HR Policy

As an employer, it is paramount to have both an employee handbook and a HR department policy in place. The employee handbook provides guidelines on employee behavior while at work while the HR policy provides an overview of how to handle situations involving employees. With these documents, you can lay out a clearly defined reporting system, disciplinary measures and any other steps to be taken. This could also be accompanied by complaint forms and the promise of anonymity for any cases reported. It is also important to work with good Phuket lawyers to draft proper policies with no loopholes that could have legal ramifications.

  1. Have a Good Phuket Lawyer or Law Firm working with You

Discrimination cases can prove complex and are potentially damaging. Having a proper Phuket law firm to advise on and handle discrimination disputes would be a good step to take. This would ensure that issues do not escalate and damage any individual or the company. Being prepared is always better than being caught off guard.

Do not allow yourself or your organisation to be caught out. With a good Phuket law firm in your corner, both you and your employees will have professional assistance when it comes to reporting and settling of work discrimination matters.

Expert Business Lawyer Phuket

Why you should have an expert business lawyer

Most individuals have the misconception that they can save a lot of money by not hiring a business lawyer. Individuals think that they are aware of all the legal rules and regulation due to which they will not have to deal with any issues. Some people think that they will hire a lawyer when they will need one, so there is no need to have a permanent lawyer working for them.

Whether you have a small business or a huge enterprise, our Phuket lawyer is the most important part of your team. If you will not have a lawyer by your side chances are you will have to deal with serious issues. Make sure that you hire a business lawyer as soon as possible because they can provide the following benefits.

Interest management

As a business owner, you know that you will have to deal with the interest rate of many things. Even the small business owners have to apply for loans, so they can get money for the production of new products. You will have to pay the interest on the loan that you will get. There are some lenders who will charge you more interest than the market rate. You will not have to deal with such scams when you have a lawyer by your side. The experts will assure that you will only have to pay the legalized interested rate.

Deal with all legal issues

When you are doing a business, there are several legal issues that you will have to deal with. Working with our Phuket law firm will give you the peace of mind that experts will take care of all the business-related issues.

  1. The expert will assure that the application for the new products will get the approval in limited time
  2. They will take care of all the legal requirements of the company and will make your that you will not break any law.
  3. Phuket lawyers will represent your company with such perfection in the court that everyone will believe you are the best
  4. In case the payment of the loan has been delayed, experts will deal with the lenders to assure you can get some extra time.

Management of tax matters

Tax is one of the most important issues that business owners have to deal with. From the tax of the building to machines and products, they have to manage everything. However, there is some business owners who are unaware of the rules and regulations associated with the tax. That is why they do not know the amount of tax they will have to pay. In this situation working with a Phuket law firm is the best solution. Experts will calculate the amount of tax that you will have to pay to assure that you will not delay any payments.

Protect the copyrights of your business

There are many business organizations that have been dealing with the copyright issues. They have not properly privatized their business, this is the reason other organizations are stealing their name, logo and product ideas. Do not worry because our Phuket lawyers can help you in this situation. They will assure that your company has proper copyright for everything associated with the business. As well as they will file a lawsuit against all the companies that is stealing the ideas.

Legal advice on business related issues

There are several business-related issues in which you need the advice from the lawyer. The reason is that you have to assure that the new products and services you are planning to introduce will not cause any kind of legal issues. As well as you will need the help of the lawyer to get the approval and copyright for the new product that you are planning to introduce. A reliable lawyer will always give you the best advice and will assure that you will not have to deal with any issues.

Protection against litigation

The most common issue many business owners have to deal with is the lawsuit. It affects the productivity of the business because most of the time is wasted in clearing the name of the business. After that, it often becomes hard for the business owners to maintain a positive ranking. However, with the help of a lawyer, you will not have to deal with such issues. They will professionally manage the case and will assure that no one will know about the lawsuit. They will quickly clear the name of your business to assure that you can proceed with the production of products and selling process.

Helps with online business

The trend of maintaining an online business is rapidly increasing. Most individuals think that online business does not require a lawyer. You should know that the issues with online business are more as compared to the local business. It is better that you hire a Phuket lawyer because he/she know how to assure that your business is protected against all legal issues. It is very easy to steal the business logo, name or ideas online. Only with the help of a reliable lawyer, you can avoid such issues.

Bottom line

There are many law firms working in the industry that selection of the best one often gets tough. There is no need to go elsewhere when you have HWAL law firm by your side. We have the biggest and most talented team of Phuket lawyers who have been working in the industry for many years. At HWAL law firm, we provide the entire services at the most affordable rate. You can contact our experts for free consultation.

Company registration

What To Do if Someone Offers you a Business in Phuket

Foreigners are truly welcome in Thailand. There are laws which might be designed to make the country pleasant to foreigners, especially the ones looking to make investments within the economy. There’s the condominium Act that permits overseas nationals to buy condo properties. There also are free exchange agreements that provide nationals of positive countries perks while doing business in Thailand.

If you’re the type who has buddies who loves to do business, then possibilities are one of those contacts has had ideas of making an investment in Thailand. That’s an excellent concept, but bear in thoughts that the legal landscape there may be unique from what you’ve been used to in your private home country. You need to find out what steps you need to take in case you are to invest in a business in Thailand.

Find out What the law Says

There are legal advices online, however we’ll get to that during a moment. At this factor, you have to first do research on what Thai law in preferred says about overseas investment. This is not supposed to discourage you, but we’d need to remind you that lack of knowledge of the law isn’t always an excuse. The specifics are a work for the professionals, however at least you need to have a popular idea of the guidelines inside the country concerning overseas funding. at least, on the onset, you can inform that what is being proposed to you is illegal so you can say, “No” or recommend a few adjustments.

Discover What the marketplace Is

This stage is known as a feasibility study. starting a business good, but you have to discover if there’s a marketplace for what you and your buddies are making plans on selling. You’d want quite a few information right here to justify your decision, so that you have to spend a large amount of time on this step. Take notice that you could discover some information that would suggest that your planned business isn’t always feasible. Don’t be discouraged – you’ll simply should back up and think of another concept that’s greater feasible in Thailand.

Discover a legal advisor

When you locate that the planned business is possible after getting to know the market in Thailand, it’s time to take the most important step. locate your self a legal advisor. The legal advisor will be capable of provide you with sound recommendation on what to do and let you out in steps like registration and incorporation of the enterprise in Thailand.

When you’re going over your choices for a legal advisor, ensure to have a look at the credentials of that lawyer. make sure he or she has adequate knowledge, and plenty of information inside the issue matter. most significantly, however, the legal advisor have to be fluent in both English and Thai. this is to prevent misunderstandings of the regulation which can, regrettably, have severe prison repercussions.

Having a commercial enterprise in Thailand is a superb concept, but most effective in case you do sufficient research and feature a person at your side that allow you to out with your concerns. that’s what a criminal marketing consultant can do for you. if you want any assist or when you have inquiries, don’t hesitate to contact us!

Intellectual property

Intellectual Property Coverage in Thailand

It’s critical to recognise what the coverage of intellectual property is for you’ll know which security you’ll need to join when you’re doing business in Thailand. Now, there are 3 sorts of intellectual properties that you may sign up in Thailand, and these are: marks, patents and copyrights.


First thing is the mark. Now, the mark is something which you use to differentiate your brand or products from the competitors. for example, attaching a signature to a file means attaching your own unique mark into the file. Now, while you deal with goods or real items, you put your corporation’s mark to it if you want to distinguish it from the opposition’s produce. accordingly, Nike has the swish brand, Pepsi has its crimson and blue circle, so on and so forth.

The Thai Trademark Act, which was handed in 2000, set the following pointers for outlining logos:
it may be a sound, a group of letters or colors, a word, a statement, a letter from the alphabet, a image, a drawing, a graphic design, a name, or shapes which you use to perceive together with your logo.

It should be visible with your brand’s products or services.
It ought to be unique and without problems set apart from other trademarks, and ought to be unique as well.


Patents cover the technological element of intellectual property. It mainly covers innovations with the aid of a creator and, through availing of protection from the intellectual property law, the inventor offers himself the exclusive right to utilize his creations for some right that it became invented for. If everyone wants to hire the invention, he or she will need to pay to benefit the license to apply such innovations. Having a patent granted can also deliver extra value to a business’ services and products, allowing the corporation or the inventor to construct an great reputation.

Patents can cover the creation of equipment, device, instruments, methods, structures, organizations techniques, chemicals, and formulations which may be utilized in carrying out the patent owner’s trade or company.


Copyrights offer safety to artists, particularly musicians, e-book authors, photo artists and plenty of various folks that engaged in innovative endeavors. similar to patents, having copyrights covered by means of Thai regulation enables the copyright owner to bar or allow using their works with the useful resource of third parties. frequently , the ones activities will need to pay a hard and rapid royalty rate for each use of the copyright specifically even as they may be the use of it to earn money for themselves.

The purpose of copyrights, in a nutshell, is to save you someone from taking unfair benefit of a piece that the writer has expended a whole lot of time and effort to.

If you need a Phuket Lawyer for setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!

Investing Thailand

Why Investing in Thailand is a Good Risk.

Overseas investors placed their money to work foreign places for numerous motives. Diversification, in the end, is the mark of a successful investor. however, one pressing problem is safety for the investor. Is Thailand really a safe and solid country for businessmen to invest in? the answer is: yes, without a doubt!

Ongoing Infrastructure rapid improvement

Thailand’s economic system is one of the most stable within the Asia-Pacific area. it is swiftly growing. In reality, the current government has already started out a prime infrastructure upgrade particularly in the road and rail networks that the country makes use of as a main shape of inter-city transportation. in the next ten years, Thailand will step up its function as the best ASEAN hub with international railways connecting the country to China, Myanmar and Singapore.

This means that investment in Thailand is going to flow in. With an global railway machine in place, this may also open up numerous new opportunities for businessmen who are already running a project in the country as demand will growth for services and products in the hospitality and tourism sectors of the nation.

Treaty Agreements with multiple nations

As we’ve got mentioned in our last article, Thailand has financial agreements with america, Japan and Australia, among others. Nationals of these countries who determine to make investments within the Thai economy get to experience benefits that businessmen from different non-treaty nations don’t have.

For example, American, japanese and Australian enterprises entities are dealt with as Thai nationals as a ways because the law for agencies are involved. They enjoy majority possession in their own organizations, whose board contributors can include of a lesser quantity of Thai nationals than in companies whose countries don’t have financial agreements with Thailand.

Another advantage added about by these agreements is the reduction of tariffs and import duties on specific imports between Thailand and those three international locations. through the end of these agreements, imports between Thailand, and the three signatory nations may be reduced to a bare minimal or can even grow to be duty free.

Government assist for overseas investment

The Thai authorities itself lends its support to overseas investors. In fact, groups whose majority stockholders are foreigners can get incentives like tax breaks and import obligation exemptions from the Board of investment. one of the sectors that offer incentives to overseas businesses is the manufacturing sector, however the variety of sectors wherein foreign buyers can spend money on and experience incentives is a lot. it’d be an awesome idea to test with the Board of investment at the list of particular organizations in which foreigners can enjoy tax incentives and exemptions.

Competitive labor

The great and the cost of workers in Thailand is highly competitive specifically inside the manufacturing sector, which has end up the primary contributor to the local economy. In different words, it’s far less luxurious for foreigners to invest in and maintain a business in Thailand as early as now.

Thailand is swiftly growing, and its economy turning into extra solid every year. mixed with ongoing infrastructure traits and competitive labor, Thailand is one of the first-class locations for foreigners to make an investment in.

If you need a Phuket Lawyer for cases like this or setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!

Starting business

Starting a Business in Thailand? Here’s what the Law Say

Thailand is one of the top locations in Asia to set up a business. it is one of the founding members of the association of South East Asian nations, and is placed strategically within the continent. you may recall it as the gateway to the rest of Asia, from which your business may want to extend to the other countries within asia. similarly, Thailand’s infrastructure is remarkable. It has 7 international airports, fast internet connection, professional educated manpower access, high-tech metropolitan transportation and it is well centrally located with other asean regions .

Thailand is a foreigner-friendly country. Its tourism is most busiest in Asia. however, when it comes to business and investment, the country is quite strict on how foreigners can make or begin a business in its jurisdiction. however, there are incentives to investing in the kingdom as the Board of investment offers exemptions, and even tax breaks for international organizations.

The foreign business Act of 1999

B.E. 2542, or often called the foreign business Act of 1999, is the regulation that governs overseas investment and businesses in Thailand. For purposes of discussion, the term “foreigner”, in the context of the law, refers not only to real persons who do not keep Thai citizenship however also entities that are majority-owned via foreigners in addition to agencies which have been registered out of the country.

The three business Annexes under BE 2542

The foreign enterprise Act divides business niches into three annexes – Annex 1, Annex 2 and Annex 3.

Annex 1 includes niches wherein foreign corporations can’t start a business in. these are niches that deal with local tradition and require an understanding of Thai way of life. The niches consist of herbal medication manufacture, rice farming, real estate development, shery, livestock and the trade of antiques which are sourced in Thailand, amongst others. but, agencies registered in countries that have treaties with Thailand can be exempt from this limitation.

Annex 2 include agencies that issue countrywide protection and security, as well as trade which have cultural and artistic effect to Thailand, and those that may have an effect on the local environment and Thailand’s natural or ecological resources. Any foreign company that needs to interact in alternate in any of these niches might need to secure a allow from the Minister of commerce. In incorporating the entity, 40% of the business’ shareholders should be Thai locals. The Minister of commerce can reduce this to 25% if the company makes an application.

Annex 3 incorporates companies that the Thai government thinks will actually lose to foreign competition. these organizations consist of legal, accounting, architectural and engineering services, in addition to hospitality services, advertising and marketing, farming, and food and drinks. it might take a license from the Director general of the Ministry of commerce to permit a foreign entity to perform in these groups.

With BE 2452, it is clearly easy now for foreigners to begin their own business in Thailand. The law lays out the standards and necessities very clearly for these businessmen. This is yet another purpose why Thailand is one of the best countries in Asia for foreigners to invest in.

If you need a Phuket Lawyer for cases like this or setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!

Intellectual property

Thailand IP Law Facts

Intellectual property laws are very crucial for businessmen. if you are looking to create an organization within the kingdom of Thailand, then it pays to read about Thailand’s intellectual property laws and guidelines. It’s a very complicated topic, however, and may span several articles. For starters, however, allow us to provide some brief and fundamental facts about Thailand’s IP laws.

File for Protection as early as possible

this is true for trademarks. Thailand’s system gives extra importance to early submission of trademarks. this is to help avoid hijacking of marks particularly if you’ve already created that mark in your home country and is simply seeking to move to Thailand. before you even infuse capital into a local Thai unit of your company, make sure to have the following trademarks registered first so that you can benefit protection of the law.

IP protection is valid for a long time

Trademark protection in Thailand expires most effective after 10 years, which is a very long time indeed. You get to move approximately your company without having to fear about your trademark’s safety. when the protection does expire, you may renew it again for every other 10 years, so on and so forth. but, in order for the protection to stay legitimate, your company should actively use it to your merchandise or branding activities due to the fact a dormancy of a minimum of three consecutive years will result to untimely expiration.

There are Three classified Patents

There may be the usual patent that gives 20 years of protection to a totally innovative invention. second, Thai law additionally offers protection to designs with patents which can be valid for 10 years. ultimately, there’s the “petty patent” for minor innovations, and it offers 6 years of protection to the invention.

Thailand’s IP laws offer Exemptions for certain Patent matter

There are innovations and breakthroughs that cannot be patented in Thailand. these subject matters include animal and plant extracts, computer applications, and processes used in medication and commercial enterprise. those are intended to be shared freely to the general public because of the nature of their use.

Copyright protection is for a lifetime in Thailand

Much like the rest of the world, copyright protection is in place so long as the author of the work remains alive. within the occasion that the creator passes away, his or her property can still claim copyright protection over the copyrighted work for fifty extra years.

Thailand calls for Patent application for Holders of international Patents

Keeping an international patent does no longer automatically entail patent protection under Thai laws. One has to rather apply for individual patents in Thailand so that you can guard the subject matter covered by using the international patents. Holders can, but, avail of priority applications to expedite the procedure in the country.
this is for now. these are five brief information about how intellectual property laws and policies work in Thailand. hopefully, those 5 brief information have given you a basic idea of the way Thailand views intellectual belongings and what rights you may have as a author, inventor or designer.

If you need a Phuket Lawyer for cases like this or setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!