Kingdom of Thailand or in the past, so called Siam had a largely uncodified constitution until 1932. King of Siam once said: In the ancient times the monarchs of the Siamese nation governed their people with laws which were originally derived from the Dhamasustra of Manu, which was then the prevailing law among the inhabitants of India and the neighboring countries.
Criminal offences (that can lead to arrest and imprisonment) are enumerated in the Thai Penal Code (or Criminal Code) as well as numerous other statutes. Criminal procedures are outlined in the Criminal Procedure Code.
Drug offences are dealt with by several statutes. The Narcotics Act BE 2522 (1979) defines narcotics, classifies them into categories, details offences and outlines punishments. Penalties for producing, importing or exporting narcotics are outlined in sections 65–102 (Chapter 12) and include fines, life imprisonment or death. [10][11] Other narcotics laws include the Psychotropic Substances Act BE 2518 (1975) and the Narcotics Control Act BE 2519 (1976). [11]
-The offence of Lèse Majesté is found in the Criminal Code Article 112 and states that whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years.
Administrative law matters such as judicial review are handled by the Administrative Court, which was established under The Act on Establishment of Administrative Courts and Administrative Court Procedure BE 2542 (1999). The jurisdiction of the court includes unlawful act by an administrative agency or State official (e.g., ultra vires, inconsistent with law, bad faith etc.), neglecting or unreasonable delay in official duties, wrongful act or other liability of an administrative agency, administrative contracts, mandating a person to do something or an injunction.
Visa and immigration law is outlined in the Immigration Act BE 2522 (1979) and its amendments. The Immigration Bureau of the Royal Thai Police administers the law, while the Immigration Commission shall have power and duty to make decision such as giving or revoking permission to stay.
The most important reference of private law (or civil law) is the Civil and Commercial Code of Thailand (see also other civil codes). It is composed of several books. Books I and II were first promulgated on 11 November 1925 (BE 2466). The Civil code is updated as required by amendment acts (for example Act Amending Civil and Commercial Code (No 14) BE 2548 (2005)).
The Law of Obligations in general is found in Civil and Commercial Code sections 194 to 353 (Book II, Title I).
Quasi-contracts include undue enrichment, sections 406 to 419 (Book II, Title IV), and management of affairs without mandate, sections 395 to 405 (Book II, Title III).
The main source of contract law is the Civil and Commercial Code sections 354 to 394 (Book II, Title II). Specific contracts (Sale, Hire, Mortgage, Insurance, Bills etc.) are found in the Civil and Commercial Code sections 453 to 1011 (Book III, Titles I to XXI).
Basic corporate law is found in the Civil and Commercial Code sections 1012 to 1273 (Book II, Title XXII). Foreign ownership of certain Thai industries and foreign companies in general are regulated by the Foreign Business Act BE 2542 (1999).
The main source of property law is the Civil and Commercial Code sections 1298 to 1434 (Book IV).
Land law is dealt with by the Land Code. This was established by Act Promulgating the Land Code, B.E. 2497 (1954).
Land in Thailand is covered by a system consisting of several title deeds offering different rights of use, possession, ownership or alienation. Most titles are issued by the Land Department and fall within seven main categories. Another five categories are issued by other government departments for specific purposes.
The Chanote (or Nor Sor 4 Jor) category, found in more developed parts of Thailand, offers private ownership (similar to freehold land). Other land is considered to belong to the government or the King of Thailand.
Intellectual property law, that is patents, trademarks and copyrights are protected by the Patent Act BE 2522 (1979), Trademark Act BE 2534 (1991) and the Copyright Act BE 2537 (1994) and their amendments respectively. Trade secrets are protected by the Trade Secrets Act BE 2545 (2002). The Department of Intellectual Property (DIP) manages intellectual property matters such as registration and enforcement. A registration system exists for trademarks and patents. Copyright is automatically protected for 50 years and does not need registration. However it can be filed with the DIP. Disputes are first heard in the Intellectual Property and International Trade Court.
Intellectual property law, that is patents, trademarks and copyrights are protected by the Patent Act BE 2522 (1979), Trademark Act BE 2534 (1991)Patent protection in Thailand aims to support innovators who introduce new proprietary technologies. A firm reaps several benefits from registering a patent. First, the patentee gets exclusive rights to shield himself from others making, using, selling, or distributing the invention or design without permission. Second, a granted patent increases business value. Third, a granted patent is enforceable. Patent protection helps a business gain a competitive advantage and helps it obtain a return on investment (ROI) to defray research and development costs. Thailand uses an "absolute novelty" and "first to file" patent system, making confidentiality a must until a patent application date is registered.and the Copyright Act BE 2537 (1994) and their amendments respectively. Trade secrets are protected by the Trade Secrets Act BE 2545 (2002). The Department of Intellectual Property (DIP) manages intellectual property matters such as registration and enforcement. A registration system exists for trademarks and patents. Copyright is automatically protected for 50 years and does not need registration. However it can be filed with the DIP. Disputes are first heard in the Intellectual Property and International Trade Court.
Three types of patents can be granted:
Software patents in Thailand have sparked software patent debates among economists and developers as there are two significant developments in international patent law:
(1) The European Union's attempt to harmonize national patent laws by the Proposal for a Directive of the European Parliament and Council on the patentability of computer-implemented inventions.
(2) The US court decision to expand patent protection to business methods. Opinions are divided as Thailand is not ready for software patents as there were several flaws in patent rights. For example, the business method prevention has high tendency to hinder the growth in innovations especially for infant software companies. Moreover, the software patent may cause monopoly and innovation problems.
A petty patent is suitable for a new invention which would qualify for an invention patent except that it has no strong, technical innovative step. To be more specific, petty patents have been widely used among Thai companies, especially for manufacturing companies and inventors of less complicated inventions. This is because the petty patent has relatively simple criteria.
In Thailand, design patents are popular in design-heavy industries such as car manufacturers, beverage companies, and furniture designers.
The main source of family law is the Civil and Commercial Code sections 1435 to 1598 (Book V).
The main source of succession law is the Civil and Commercial Code sections 1599 to 1755 (Book VI).
The Foreign Business Act of 1999 regulates foreign ownership of certain Thai industries and foreign companies. The Alien Business Law (N.E.C. Announcement 281) prohibits foreigners from holding certain professions which are reserved for Thai nationals.
Establishing a branch office in Thailand can be more complex, costly, and timely when compared to incorporating a private limited company. However, the advantage of a branch office is that it can be 100 percent foreign-owned.
Generally, a foreign citizen who wishes to enter the Kingdom of Thailand is required to obtain a visa from a Royal Thai Embassy or a Royal Thai Consulate- General
Thailand’s first-ever law on personal data protection came into force on June 1, 2022. The law outlines the obligations for businesses regarding the collection and processing of personal information. The government is expected to provide a grace period for SMEs to comply with the new law.
A representative office is the ideal business entity for foreign investors who are exploring the Thai market. The RO can be 100 percent foreign-owned and can provide up to two work permits for foreign employees.
