Thai law is founded on a civil law system with common law and Buddhist ideas as inspirations. In order to overcome any legal challenges and conflicts, it is crucial for foreigners conducting business in Thailand to have a fundamental awareness of the legal system. This article gives a general introduction of Thai law and discusses important topics including contract law, intellectual property rights, and the judicial system.
The Court System in Thailand
The lower courts, the appellate courts, and the Supreme Court make up Thailand’s three tiers of courts. Cases involving infractions of the law and civil disputes are heard by the lower courts, while appeals from the lower courts are heard by the appellate courts. As the last court of appeal, the Supreme Court analyzes judgments rendered by lower and appellate courts.
Although the bulk of hearings are held in Thai, the Thai judicial system also functions in English. It’s crucial for foreigners to have a translation present during court hearings so they can fully comprehend what is happening and speak with the judge.
Contract Law in Thailand
The Civil and Commercial Code, which is based on the Napoleonic Code, regulates contract law in Thailand. The code outlines the fundamental concepts of contract law, such as the creation, performance, and cancellation of contracts.
The idea of “good faith,” which is a principle requiring parties to a contract to conduct in a fair and honest way, is a significant component of contract law in Thailand. In cases of contract violation, this rule is frequently applied.
The necessity that contracts be in writing is another significant component of Thai contract law. In Thailand, verbal agreements are not legally binding, hence all contracts must be in writing and signed by all parties.
Intellectual Property Rights in Thailand
A variety of laws, including those governing patents, trademarks, and copyrights, have been adopted in Thailand to safeguard intellectual property rights. Enforcing these regulations and defending the rights of intellectual property owners falls within the purview of the Department of Intellectual Property (DIP).
For a period of 20 years, innovative and practical innovations in Thailand are protected by patents. Ten years of trademark protection are given, and it is possible to extend it forever. The duration of copyright protection is the author’s lifetime plus 50 years.
In order to safeguard their rights and avoid infringement, businesses should register their intellectual property in Thailand. Patent, trademark, and copyright registration services are offered by the DIP.
As a result, Thailand’s legal system is built on a civil law system that draws inspiration from both Buddhist precepts and common law. In order to overcome any legal challenges and conflicts, it is crucial for foreigners conducting business in Thailand to have a fundamental awareness of the legal system. The legal system, contract law, and intellectual property rights are important topics to understand. It’s also crucial to understand the meaning of “good faith” under contract law and the necessity of written contracts. Additionally, the DIP is very important in defending and upholding intellectual property rights.