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Retail Business Law Approved by Cabinet

The cabinet approved a draft retail business law on 8 may 2007 which according to media sources was introduced to by the Ministry of Commerce to stop the expansion of mega-retailers.  The draft would reportedly give the Ministry of Interior the power to control the construction of new retail stores through zoning regulations specifying the size of retail buildings and their location.

New Measures Proposed For Elite Card

Tourism and Sports Minister Suvit Yodmani reportedly proposed new regulations to keep the Thailand Privilege Card (TPC) competitive in early june 2007.  The program was created by former prime minister Thaksin Shinawatra to increase tourism revenue.  Cardholders receive perks including preferential visas, fast-track immigration clearance and discounts and selected venues.  Although the program aimed to attract one million cardholders by 2008, only 2,130 persons have become members.  Dr. Suvit has proposed to invite the private sector to control 70-75% of the company or overhaul the management of the Thailand Privilege Card.

NLA to Consider Public Broadcasting Organization

According to media reports on 7 June 2007, the NLA will soon consider a public broadcasting bill passed by the cabinet in May.  The bill would authorize the state broadcasting organization to turn Thailand Independent Television (TITV) into a public broadcaster.  The public broadcasting organization would run shows with an educational benefit including news and documentaries.  The broadcaster would receive 1.5% of operating funds from tax revenues on alcohol and tobacco.

New Draft Privatization Law to Be Consider by NLA

The National Legislative Assembly is to consider a new draft privatization law within 60 days according to media reports on 6 June 2007,.  The act will prohibit any single foreign investor from holding more than 5 percent in a state enterprise after its privatization.  It will also specify the terms and conditions for privatization.  Legal experts believe the bill needs revision citing that it does not require private regulators and does not list state industries which may be subject to privatization.  Critics also believe the draft law should include requirements for fair share prices to ensure everyone has access to shares.

Academics Urge Public to Reject Draft Constitution

Academics from across the country have joined together in a campaign to encourage the public to reject the Draft Constitution.  Wearing green, the color of the campaign to promote the 1997 constitution, they ask the public to call for the return of the 1997 charter which should later be amended.  Academics have stated that the new draft redistributes power from the people to technocrats.

Compulsory License for Efavirenz May Be Revoked

According to media sources Public Health Minister Mongkol na Songkhla announced at the end of may 2007 that compulsory licensing for Efavirenz may be revoked after preliminary talks with patent holder Merck & Co.  Although Dr Mongkol did not disclose the details of Merck & Co. offers he reportedly asked the Thai media in a teleconference from the U.S., “Who wants to buy generic drugs for treating patients if the original drug is more affordable?”

Minister to Resign if Community Bill Dropped

Social Development and Human Security Minister Poldej Pinprateep reportedly announced that the would resign from the Cabinet if a community bill did not become law in early June 2007.  The bill was initiated by community networks throughout the country and would allow local communities to have a voice in any projects that would affect their livelihood.  The power that the bill would give local communities has apparently been considerably lessened after a Senate member made adjustments to the bill before submitting it to the Cabinet.  Clauses that gave communities the power to suspend any inappropriate judgments have reportedly been cut lessening community leaders roles to that of consultants.  Critics of the bill state that it will confuse local level administration.

Annual Alien Labor Registration to End

The Ministry of Labor announced on 24 April 2007 that they will be doing away with the annual registration system which undocumented workers from Cambodia, Laos, and Burma to legalize their status.  Undocumented workers, whose nationalities are verified by officials from their countries, will be allowed to continue to work in Thailand.  Verifications centers have been established in Khon Kaen, Chonburi, Chiang Rai, Songkhla, Surat Thani and Bangkok and verified workers will receive a certificate of identity.  The Ministry of Labor plans to begin the repatriation of undocumented workers next year.  If a draft amendment is passed, labor placement agencies will be authorized to import legal alien workers.

Ministry of Culture Proposes New Film Bill

The Ministry of Culture will submit a new film bill to the National Legislative Assembly for review according to media reports on 22 April 2007.  If the bill passes it will replace the Thai Film Act which is over 70 years old.  Ministry sources say the greatest change that the new bill will introduce is a film-rating system.  Film critics worry that the system could stifle artistic freedom.  Film-makers, film-lovers and film critics have been campaigning for a new film act with heightened intensity since "Saeng Sattawat" was censored by the Thai Board of Censors.  Activists would like to see a new bill without a Board of Censors, however, some worry that the Ministry of Culture bill may not include the wished for reforms.

Vehicle Regulations to be Strengthened in Response to Recent Crash

According to media sources the director of the Department of Land Transport, Engineering and Safety Office is planning to tighten restrictions of public buses after a 20 March 2007 highway accident in which 29 bus passengers were killed in Saraburi Province.  New regulations would require public buses to undergo inspections twice a year as opposed to the current requirement of one time a year.  The Department is also considering limiting the number of years for which public buses are served.  Another program the Department is contemplating is establishing a professional training center for public bus drivers.

Cabinet Approves Local Administration Act Amendment

The cabinet voted on 15 May 2007 on an amendment to the Local Administration Act that would allow government officials to select candidates permitted to run for the village headmen and kamnan positions.  The current act does not allow government officials to shortlist candidates and allows elected kamnan and headmen to hold their position for 5 years.  The amendments would allow village headmen and kamnan to remain in office until age 60 with their performance assessed by government officials every five years.  The amendments also reportedly allow the electorate in their jurisdiction to impeach the kamnan and headmen in certain circumstances.

Government Drops Draft Publishing Bill

According to media reports on 16 May 2007, a government spokesperson has announced they are dropping their own draft publishing bill.  The draft bill was reportedly modeled on the 1941 Printing Act which allows the government to control print media, prohibit distribution of print media and confiscate publications of questionable morality.  Media activists support the government's decision and members of the media sitting on the National Legislative Assembly will ask the Assembly to consider their own bill.

Supreme Court Opinion 115 (No. 6580) 2548
T.C. Pharmaceutical Industrial vs. Vinai Kongkiatepaiboon

Re: Trademark

The word “sponsor” means support in the English language, therefore it is a natural word and not a word that was created. As for the word “sponsor” in the Thai, it was spelled in the Thai alphabet according to the pronunciation of the English word “sponsor”. The plaintiff registered a trade-mark under the words "sponsor" and “sponsor” (in Thai) in 1983. Products and commercials have been made under this trademark, but they were not successful. The plaintiff registered the trade-mark to produce mineral and other types of drinks, which are products under Category 42. The defendant, however, requested to register a trademark for flip flops under Category 25. Although the defendant and the plaintiff use the same trademark, they are creating different products; therefore the plaintiff can not sue the defendant.

Supreme Court Opinion 32 (No. 4464)/2548
Managing Capital Sukhumvit Company vs. United Grand Company

Re: Loan Contract

In a previous court case, the defendant was charged with breaching a loan contract with the plaintiff and was forced to mortgage. The defendant counterclaimed that a bank had breached their contract with the defendant therefore causing the company Kor to be unable to manufacture products and pay of their debt. The counterclaim of the defendant, however, was not related to the claim and therefore could not be considered in court.

Re: Loan Contract

OR took out a loan from the Bor Agriculture Cooperation in the amount of 500,000 baht on behalf of the plaintiff and used the land of the plaintiff as collateral. OR borrowed money on behalf of the plaintiff because the plaintiff was not a member of the Agriculture Cooperation and could not borrow the money himself. OR received money in the amount of 431,928 baht after deducting debt and share. The plaintiff alleges that OR gave money to the defendant for the plaintiff, but that the plaintiff never received the money. However as OR was the principle debtor who signed the loan agreement and the loan was not taken out in the name of the plaintiff and the plaintiff did not formerly engage the defendant as an agent to receive money on his behalf, the plaintiff has no claim against the defendant. If OR wished to give money to the defendant for giving to the plaintiff, then this is an issue between the defendant an OR. The plaintiff can not sue the defendant in this case.

SGA Bulletin
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