Monthly Archives:' July 2014

Thailand Customs Department Imposed Stricter Rules

Stricter Customs Rules by the Thailand Customs Department

In an effort to discourage smuggling of pre-ordered goods into the country, the Customs Department of Thailand has become stricter. Last July 1, the Customs office at Suvarnabhumi Airport had posted a sign instructing arriving passengers and crew members that each person can bring no more than 10,000 Baht worth of personal effects per entry into the country.  Such effects must not be for commercial purposes.  Provisions, food, dietary supplements, and cosmetics are no exemptions from import duty.   As set by the law, they only allow bringing in limited quantities of cigarettes, tobacco, spirits, and wine.  They do not consider souvenirs, items for charity, collectibles, and second-hand items as personal effects. There is a need to declare and pay appropriate duty for any brand-name items costing 10,000 Baht per piece.

Violators are liable to imprisonment of up to 10 years, a fine 4 times the value of their goods, and confiscation of the goods.

 

Information for Tourists

The representative from the related institutions together with more than 100 proprietors in Pattaya have joined the project to promote legal knowledge and the resolution of disputes in tourism cases held by Pattaya Provincial Court. They aim to improve the tourism cases in preparation for the AEC (Asean Economic Community).

The court recognizes the importance of protecting the rights of tourists when there is an involvement in a case, so that they receive the same fair treatment under the legal system as Thai citizens. This was the reason for the establishment of the Tourist Case Section (Civil and Criminal Case Units) on September 5th of last year following the joint decision of the Minister of Tourism and the Court of Justice reached after their meeting to push for the setting up of the tourism case section in the court.  The important mission of the section is to serve tourists who suffer damages or various incidents.  

The Pattaya Chief Justice said that, as at present the number of in-bound tourists is increasing yearly and as Thailand is soon joining the Asean economic community  causing a great influx of labour, capital, real estate, and industries, there are certain to be consequent  disputes especially, the dispute of tourists. We therefore need to improve and promote tourist case for peace and progress of the community.  Quite a few tourists fall victims. Some people are taking advantage of tourists when buying goods or services. Some become the excused of criminal elements in the criminal case. In order to boost their confidence about the safety, the private sector should understand the legal system and the procedure for protecting their rights.

 

Registration of Alien Workers

Following the political unrest situation in Thailand which caused division among the people, the National Peace and Order Maintaining Council has announced the policy to resolve issues and to return happiness to the people.

Mr.Komsan Ekachai, the Governor of Chonburi, said that Chonburi has been experiencing economic growth in such fields as agriculture, industry and  tourism, which have drawn a large number of both Thais and alien workers into the province’s workforce.

The Ministry of Labour and The Royal Thai Police have created an alien-workers supplying company, by asking the Ministry of Labour for registration of the company in order to clearly designate the channels through which alien workers are allowed to enter Thailand and prevent their illegal entry. In addition, a one-stop service system enables alien workers to register at each province’s employer offices. The system provides one-stop services for temporary stay in the Kingdom of Thailand to any qualified alien according to the Regulations of the Office of the Prime Minister Concerning the Establishment of the Visa and Work Permit Center B.E. 2540, as amended. There can be an extension of registration period upon request. After  the completion of the process, an alien worker will have ID evidence which can be in the form of an ID card that can be used when reporting to the registrar every 3 or 6 months so that their movement can be monitored.

Employers or proprietors with Myanmar, Lao and or Cambodian alien workers, both legal and illegal, must prepare a list of their alien workers for registration. An ordinary person has to bring a photocopy of their citizen ID card attached to the original. A juristic person has to bring a photocopy of their certificate of juristic person registration together with a copy of citizen ID card of their authorized signatory attached to the original. The documentation is to be submitted to the alien-workers supplying company in Chonburi, Pattaya, a municipal office, or a Tum Bon administration organization by 15th July 2014 at no expense.

For further information, please contact the Chonburi’s labour supplying office or call (038)398057 and (086)3398620 during normal working hours.

Trademark Registration in Thailand

What is a Trademark?

A Trademark is a recognizable sign, design or expression which distinguishes products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. This entitles the owner to protection of his trademark for a period of ten (10) years from the application-filing date. However, this is renewable within 90 days before the expiration of each 10-year term. When an application for renewal is filed within the prescribed period, it shall be deemed registered until the Registrar orders otherwise. The renewal shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations. The entire process takes approximately one year from the date of filing.  However, trademark protection begins on the day of the submission of the application.

Trademarks, collective marks, certification marks, and service marks may be registered in Thailand.

Service Mark

This is a special type of trademark that is used in connection with services instead of product. Businesses use service marks to identify their services and distinguish them from others’ services.

Certification Mark

It is a mark used by the owner in connection with goods or services of another person to certify the origin, composition, method of production, quality or other characteristics of such goods or to certify as to the nature, quality, type or other characteristics of such services.

Collective Mark

It means a trademark or service mark used by companies or enterprises of the same group or by members of an association, cooperative, union, confederation, group of persons or any other state or private organization

Thailand does not officially require registration of trademarks. However, you may consider its numerous benefits.

  1. Registering a trademark provides greater legal protection against counterfeiting and infringement. It protects a company’s name or logo and grants the trademark owner exclusive nationwide ownership of the mark.
  2. It deters others from using your trademark because it will appear in trademark search reports ordered by others. As a result, this will likely discourage others from proceeding with the registration of a similar mark; and
  3. It provides the trademark owner with greater remedies. It increases the likelihood of the successful filing of a dispute resolution policy from an infringer.

Most importantly, for a trademark to be eligible for registration, It must be distinct and it should not be similar or confusingly similar to a trademark registered by another person. It must not consist of any characteristics mentioned in Section 8 of the Thailand Trademark Act B.E. 2534 (with B.E. 2543 amendment). Lastly, it is necessary that the applicant or his agent have an office or address for communication by the Registrar in Thailand.