Case involves around rock band that want to trademark its name

West face of the United States Supreme Court building in Washington, D.C.

The U.S Supreme Court on Thursday decided to review the federal law that bars registration of disparaging trademarks reports the Washington Post.

The justices announced that they will consider whether part of the 1946 Lanham Trademark Act violates the First Amendment in the case of a “Chinatown dance rock” band called The Slants whose registration to trademark their name was turned down by the U.S. Office of Patent and Trademark Office in 2011.

Siam Trademark Associates in Thailand specialize in registration and protection of copyright and trademarks in Thailand

According to Washington Post, “The patent office said the name was likely to disparage a significant number of Asian Americans.” However, the lead singer of the band, who had filed the registration, said that the point of the band’s name was the exact opposite: to reclaim a slur and use it “as a badge of pride.”

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Image :  West face of the United States Supreme Court building in Washington, D.C. by UpstateNYer

Hong Kong’s has introduced new Companies Ordinance which have been welcomed according to the South China Morning Post.

The new ordinance is intended to make it even easier for small companies to conduct business in Hong Kong.

 Chaninat & Leeds offers expert advice in Thailand company registration and company law 

Most importantly, the requirement of a nominal value of shares has been removed. The memorandum of association has been abolished and merged into the articles of association.

The new law also allows companies to dispense with annual general meetings by unanimous shareholder consent and also facilities virtual meetings using conferencing technology.

Read the full report here

NGOs (Non-Government Organizations)  operate in Thailand in a variety of areas. Many NGOs operate in the border areas or impoverished areas of Thailand, providing educational, medical, charitable and other services. This video by Ana of Chaninat & Leeds law firm talks about  NGO formation  in Thailand and details how they can operate here on a practical basis.

Attorneys at Chaninat & Leeds specialize in Foreign NGO Formation in Thailand

 

Thailand law does not use the term NGO. Normally foreign organizations register as a foreign private organization or as a locally registered Foundation.

Watch the video here:

If you are considering the prospect of establishing a Thailand branch of an existing company or starting a new business in Thailand, there are numerous factors to consider and decisions to make, particularly if you wish to proceed in accordance with Thai company law. There are numerous laws that will affect you and your company in Thailand (and abroad). Merely filling out forms without the knowledge of the application of the law can lead to serious complications and other problems.

It helps to become familiar the Foreign Business Act 1999. This sets out the rights of foreign companies in Thailand, as well as what is not permitted.

Most, although not all, foreign businesses looking to set up in Thailand require a Thai majority shareholding. Many foreigners prefer to form a Thai majority company, to allow the company to operate a business in a category that is otherwise restricted to foreigners. The registration of a Thai majority company generally requires less registered capital and less paperwork than the registration of a foreign company. A Thai majority company can also buy land.

Others however prefer the simpler but highly illegal practice of nominee shareholders. A nominee shareholder is a shareholder in name only; in reality nominee shareholders lacks any real financial stake or interest in the company.  There are companies in Thailand who will offer to supply Thai nominee shareholders. This is extremely high risk as not only will you have no knowledge of who the shareholder of your company is now will they owe you any loyalty, they are likely to be professional shareholders who will probably be listed as shareholders in multiple companies which will soon wave a red flag to the authorities.

Rather than break the law,  it is prudent to take qualified legal advice from an experienced Thailand lawyer. There are ways to deal with these situations but careful consideration needs to be taken of an individuals needs and resources.

Relevant Video:

Relevant Article:

56 Phuket Firms Believed To Be In Breach Of The FBA

Thailand FDA applications are on the rise, largely due to the booming medical tourism trade. An increasing amount of tourists and expats are coming to Thailand for medical treatment and services so demand is giving rise to supply and therefore more medical service providers are entering into the Thai market.

However importing pharmaceuticals, or other medical, narcotic and toxic substances into Thailand requires registration with the FDA. 

The application process must be strictly adhered too. There may be seperate requirements depending on the product that is being imported.  Importers will need to provide details about the company that will import the product, plans and photos of the production facility and evidence to show that Thai law requirements have been complied with in respect of manufacturing  including correct lighting and ventilation, proper areas for preparation, the type of equipment that will be used.

Fees will vary depending on the item being registered as will the time between filing the product registration application form and receiving a registration certificate.

The Thai FDA also has authority to control product advertising, ensuring that the claims made by producers are backed by proper evidence and studies.

FAD applications can be complicated and timely and are a hugely administrative process, conducted solely in Thai. Consulting a law firm that is familiar with the Thai FDA registration and its processes can help to make sure that applications are expedited and dealt with as smoothly as possible.

Watch the video here:

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The Work of the Thailand Food and Drug Administration