|
6. Family
Q:
What is the minimum age to get married in Thailand?
A: 17 years
of age (with parents' consent) or 20 years.
Q:
Where to register the marriage?
A: The
marriage should be registered at any District Office in
Thailand or any Thai Embassy abroad.
Q:
Can foreigners get married in Thailand?
A: Yes.
Q:
Is a marriage under foreign law recognized under Thai
Law?
A: Yes.
Q:
Can adopters marry adopted persons?
A: No.
Q:
How to manage the properties of husband and wife?
A: There
are several types of properties:
-
Separate
property - each spouse manages his/her own
property.
-
Community
property - husband or wife share property, except
eight activities listed under Section 1476 of the
Civil and Commercial Code. Husband and wife can
either be joint managers of the Community
Property or one spouse can manage the Community
Property with the consent of the other.
Q: If one spouse is Thai, can the
child/children have Thai nationality?
A: Yes.
Q:
If both parents are foreigners but the child is born in
Thailand, can the child/children have Thai nationality?
A: Yes, but
the child/children will not have Thai nationality in the
following cases:
-
Father
or mother is/are illegally staying in Thailand or
only temporarily or specifically allowed to stay
in Thailand.
-
Father
or mother is a diplomat or consular official or
an employee or expert of an international
organization, or a family member or servant of
the said persons.
Q: Does Thailand have divorce by mutual
consent?
A: Yes.
Q:
Does Thailand have divorce by court judgment? If any , on
what grounds?
A: Yes.
There are 12 reasons for divorce as listed under Section
1516 of the Civil and Commercial Code.
Q:
How to manage the properties and debts of both spouses in
case of a divorce?
A: Community property - equally divided; common debts -
equal responsibility.
Q:
After divorce, who will have the rights to the children?
A: Both
spouses may mutually agree. If they cannot agree, the
court will grant custody to one of the spouses.
Q:
What is the minimum age to make a will under Thai law?
A: 15 years
of age.
Q:
Does a will have to be made in any particular form?
A: The will
must be in the form prescribed by law.
Q:
Can a person disinherit any/all heirs in a will?
A: Yes.
Q:
Is it necessary to go through probation?
A: No.
Probation is not required by law.
Q:
What is the Inheritance Tax under Thai Law?
A: At
present, there is no Inheritance Tax.
7. Labour.
Q.
Are any there labour laws a new company in Thailand
should be aware of?
A. The Labour
Protection Act specifies requirements on wages, working
hours, holidays, sick pay and procedures for termination
and other aspects of working conditions. There are also
laws governing labour relations (unions), social
security, workers compensation and provident funds.
Q:
Are there labour laws regarding employer and employee
relations?
A: The Labour
Relations Act, the Labour Protection Act, the regulations
and notifications adopted under the said Acts, andu to a
limited extentu the Civil and Commercial Code of
Thailand, regulate employer and employee relations.
Q:
What is the maximum daily and weekly working hours?
A: With some
exceptions, the normal working hours shall not exceed 8
hours per day and 48 hours per week for any type of work.
In certain industries, where the work is considered
detrimental to the health and body of the employees, the
normal working hours shall not exceed 7 hours per day and
42 hours per week.
Q:
What is the minimum age for employment?
A: 15 years of
age. Furthermore, no child under the age of 18 can be
engaged without informing the Labour Inspector.
Q:
What is the maximum age for employment?
A: There is no
statutory retirement age under Thai Law. The retirement
age depends on each employer's policy.
Q:
Is there a minimum number of weekly holidays?
A: The employer
must arrange a weekly holiday of at least 1 day per week
for all employees. Weekly holidays must have intervals of
not more than 6 days.
Q:
Is there a minimum number of traditional holidays?
A: A
minimum of 13 days per year must be set aside as
traditional holidays (including National Labour Day).
Q:
Is there a minimum wage?
A: Yes.
However, the minimum wage varies among the different
regions of the country and is adjusted periodically to
accommodate inflation and cost of living increases.
Q:
What is the statutory notice period required in
terminating an employment agreement?
A: The notice
period for termination of employment is at least one pay
period, unless a longer period was agreed upon.
Q:
What is the statutory compensation required in
terminating the employment of an employee?
A: An
employment can be terminated without cause with payment
of severance pay, unused annual leaves and any other
payments due under the employment agreement and the
employer's work rules and regulations. The severance
payment varies according to the length of service of the
employee.
Q:
Are unions recognized?
A: Unions are
recognized, and there are many labour unions established
in Thailand.
Q:
Who can form a union?
A: Employees
working for the same employer or engaged in the same type
of work may form a union.
8. E-Commerce
Q. Are there any laws relating to
e-commerce in Thailand?
A. There
are presently no laws in Thailand that address
transactions taking place via the Internet, with the
exception of specific regulations/guidelines such as the
Regulation of the Stock Exchange of Thailand Regarding
Trading of Securities Through the Internet System, 2000.
The government is in the process of drafting several
pieces of legislation that will attempt to redress the
lack of specific legislation. Until the proposed laws are
adopted, all Internet transactions, over which Thai
courts have jurisdiction, will be governed by reference
to existing laws.
Q. What will be the scope of the proposed e-commerce
laws?
A. A brief
description of each proposed IT law follows. The first
two bills have been approved in principle by the Cabinet,
while the other draft laws have not yet been submitted to
the Cabinet.
-
Electronic
Transaction Law:
The Electronic Transaction Bill was approved in
principle by the Cabinet on March 14, 2000 and
sent to the Office of the Council of State for
revisions. The bill was drafted with the aim of
ensuring an effective legal framework to
successfully enforce electronic contracts by
clarifying time and place of contract formation
and allowing the courts to accept evidence in the
form of electronic documents under certain
conditions.
-
Electronic
Signature Law:
The Electronic Signature Bill was also approved
in principle by the Cabinet on March 14, 2000 and
sent to the Office of the Council of State for
revisions. The Bill will offer security in
electronic commerce transactions through the
mandated use of asymmetric-key cryptography which
can assure that a digital signature is a valid
indication of the authenticity of a source of
information. Such technology is intended to
provide for certainty of binding contracts, when
acceptance is given only by electronic methods
without a "written" signature. The bill
as presently drafted calls for certification
authorities ("CA") to be licensed and
entrusted with the task of certifying the
identity of vendors and purchasers who conduct
business over the Internet. Until a national CA
Committee composed of 15 members is established
to oversee the award of CA licenses, NECTEC may
act as the CA regulator.
-
Electronic
Fund Transfer ("EFT") Law:
The EFT Law will provide consumer
protection and establish security procedures in
electronic fund transfers.
-
Data
Protection Law:
The Data Protection Law will be similar
to those of European countries, which
specifically protect the right of privacy
relating to personal data. The owner of the data
will be protected from unauthorized use of
his/her personal data through the electronic
processing of data. The law will also balance
privacy rights with the freedom to exploit
information technology. In other words, the law
will provide protection from unfair interference
with privacy rights, but will not block the
development of information technology.
-
Computer
Crime/Computer-Related Crime Law:
The Computer Crime Law will clarify new
types of criminal offenses that may occur in the
virtual realm of the Internet.
-
Universal
Access Law:
The Universal Access Law becomes necessary as,
under the Thai Constitution, there is a
requirement to create an equitable society by the
promotion of universal access to the Internet via
the National Information Infrastructure (NII; not
yet created).
Q. Are digital signatures
recognized as valid and binding signatures?
A. No. Until
the Electronic Signature Law is adopted, Thai courts will
not recognize digital signatures as valid signatures.
9. Intellectual
Property
Q. Are copyrights protected in Thailand?
A. Yes.
Q.
Is it necessary to register copyrights in Thailand?
A. No, but a
recordation of copyrighted work and information can be
filed with the Department of Intellectual Property of
Thailand (DIP).
Q.
Is Thailand a member of any international convention or
agreement for the protection of copyrights?
A. Yes.
Berne Convention and TRIPs.
Q. Is it required to display a copyright notice on any
copyrighted work?
A. No, but it
is recommended.
Q. What kind of work is eligible for copyright
protection?
A. Literary
(including computer programs), dramatic, artistic,
musical, audio-visual and cinematographic works and sound
recordings.
Q.
Can a performer's rights be protected in Thailand?
A. Yes.
Performers, who perform in Thailand or in a member
country of TRIPs, are entitled to claim ownership of
his/her rights as a performer.
Q. What are the administrative agencies/organizations in
Thailand collecting royalties for copyright owners?
A. At present
there are two agencies/organizations, i.e. The Music
Copyright (Thailand) Ltd. and The Phonorights (Thailand)
Ltd. The DIP is now in the process of drafting a new law
concerning this matter.
Q.
Does Thailand have "absolute novelty"
requirement?
A. Yes.
Q.
How long does it take to file a patent application in
another country claiming priority after its corresponding
application filed in another country?
A. 12 months
from the first filing date.
Q.
Is it necessary to submit a Thai translation of the
priority document to the Thai Patent Office?
A. No.
Q.
Is if possible to file the specification to the Thai
Patent Office in the original language first in order to
obtain an early filing date?
A. Yes.
Q.
Must the Power of Attorney and Deed of Assignment be
legalized?
A. No. However,
the Power of Attorney needs to be notarized.
Q. What is the deadline for submission of
the notarized Power of Attorney and Deed of Assignment?
Can this term be extended?
A. 90 days from
filing date. Yes, it can be extended for another 30 days.
Q. In case the applicant and inventor is
the same individual, what is the document required instead
of the Deed of Assignment?
A. An executed
Statement of Applicant's Right. It does not need to be
notarized.
Q. Must the substantive examination of a
Thai patent application for invention be filed by the
applicant after publication?
A. Yes.
Q. What is the deadline for filing a request for
substantive examination?
A. The
examination must be filed within 5 years from the date of
publication of the application in the Patent Journal.
Q.
Is it necessary to file a request for the examination of
design patent applications?
A. No, the
examination will be automatically carried out after the
publication period lapses.
Q.
Is it possible to extend the time for paying the
publication fee and the registration fee?
A. No.
Q.
Is it possible to amend an application after the
registration fee has been paid?
A. No.
Q.
How long are the terms of protection for design patents,
invention patents and petty patents?
A. 10 years for
design patents, 20 years for invention patents and 6
years for petty patents.
Q.
Is it possible to extend the terms of protection of
design patents, invention patents and petty patents?
A. The term of
protection of design patents and invention patents cannot
be extended. For petty patents, it can be extended twice
for a period of 2 years each.
Q.
Can trademarks be registered in Thailand?
A. Yes, as well
as service marks, collective marks and certification
marks.
Q.
Can three-dimensional mark be registered?
A. Yes.
Q.
Can an individual person register a trademark in
Thailand?
A. Yes.
Q.
How long are trademarks protected after the filing date?
A. 10 years
from the filing date.
Q.
Is it necessary to file a Power of Attorney when filing a
trademark application?
A. Yes.
Q.
Is notarization and/or legalization in the Power of
Attorney required?
A. A Power of
Attorney needs only notarization. Legalization is not
required.
Q.
Must a residing certificate be filed when filing a
trademark application?
A. No.
Q.
Can a registered trademark be renewed?
A. Yes, the
trademark can be extended every 10 years.
Q.
Is it necessary to file a Declaration of Use?
A. No.
Q.
Is a colour be registered as a mark?
A. Yes, but it
must be distinctive. The law requires that it be
presented in a stylized form.
Q.
Is it possible to file an assignment for a pending
application?
A. Yes.
Q.
Can a trademark search be conducted in Thai language?
A. Yes.
Q.
Does Thailand adopt the International Classification of
Goods/Services?
A. Yes.
Q.
Will publication of a trademark take place before or
after registration?
A. Yes.
Q.
How long does it take for a trademark published on the
Trademark Gazette for opposition
purposes?
A. 90 days.
Q.
Is it required to register a license agreement for a
trademark/service mark in Thailand?
A. Yes.
However, before registering such a license agreement, the
licensed trademark/service mark must be registered with
the Thai Trademark Office.
Q.
If a license agreement is not registered, what are the
possible effects?
A. Such license
agreement will not be recognized under the Thai Trademark
Act of 1991 and may be considered invalid and
unenforceable among the contracting parties. If a
trademark/service mark, which is registered in Thailand,
is not used in Thailand by the owner of the mark but is
used by the licensee, the registered license agreement
between the owner of the mark and the licensee can be
used as a defense against a cancellation action based on
non-use.
Q.
Which terms and conditions are required in the
registration of a license agreement?
A. A license
agreement entered into by a licensor and licensee must
include sufficient quality control provisions, the
licensed trademark/service mark and the details of the
registration thereof, and an indication of whether the
license is exclusive or non-exclusive.
Q.
Is it necessary to register a sub-license agreement?
A. Yes. Certain
clauses concerning the right to sub-license must be
included in the license agreement as well.
Q.
If a license agreement is not renewed at the time of
expiration, is it necessary to take any action regarding
the registration of the license?
A. Yes. When
the license agreement expires, an application for
withdrawal or cancellation of the license agreement
registration must be filed with the registrar.
For additional information on the above-mentioned topics,
please contact us at tel. no.(+66-2) 653-0815 (10 lines)
or by e-mail to contact@thailandlaw.com.
| Disclaimer: The information and opinions expressed on this
web site are not intended to be a comprehensive
study, nor to provide legal advice, and should
not be treated as a substitute for specific
advice concerning individual situations. SCM is
not responsible for the content of external internet sites which link to this site or which
are linked to from it. |
© 2001-2007 SCM International Law Office Ltd. |
