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Thailand Legal News Updates:
FTA:
Patent Clause Inclusion may threaten 30-baht Healthcare Scheme
9 November 2004 |
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According
to some critics, the government's 30-baht healthcare
scheme could come under attack from the free-trade agreement
between Thailand and the United States. There are concerns
whether the agreement could affect the universal healthcare
coverage when it comes into effect, as the US is pushing
for the inclusion of intellectual property rights in
the agreement. That could possibly restrict Thailand's
application of compulsory licensing, which permits the
production of cheap medicine by developing countries
for poor people to gain access to essential drugs. |
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Visa
Law Change Urged to Facilitate Extended Stays by Seafarers Docked
in Thailand
29 October 2004 |
A
request to amend the immigration laws has been made
by the Marine Alliance of Thailand (MAT) to facilitate
long stays by private yacht owners. Currently, boaters
who want to spend time in Phuket are not able to get
back to their yacht when their visa expires. They would
have to fly back to their countries to get a new visa
and fly back to Thailand. As the government is actively
promoting Phuket as a luxury tourist destination, revising
the visa regulations would aid the cause. However, the
process may require some time as many agencies such
as the immigration, customs and the port authorities
are involved. |
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Fiscal
Measures Spell Savings for Taxpayers
7 October 2004 |
The
cabinet has approved raising the personal income tax
exemption by 25 per cent for the first 100,000 baht
of taxable income. This measure will save every taxpayer
up to 1,000 baht in annual taxes. Small businesses also
benefited from the lower tax rate on the first million
baht in net profits. More than 24,000 small companies
with sales under 1.8 million baht per year will be waived
from entry into the value-added tax system. The measure
also saw deductions for taxpayers caring for elderly
parents doubled to 30,000 baht per parent per year.
The small business tax change, retroactive to Jan 1,
is applicable to 220,000 companies, each with under
five million baht of paid-up capital. The first one
million baht in net profit will be taxed at 15 per cent,
with profits of one to three million taxed at 25 per
cent and profits over three million at the standard
rate of 30 per cent. The Revenue Department had disclosed
that these measures would result in 8.2 billion baht
of state revenue loss for fiscal 2005. This is almost
equivalent to one per cent of projected personal, corporate
and value-added tax collections for the year. Authorities,
however, expect the measures to eventually give rise
to other gains when more companies enter the tax system. |
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External
Auditors - Services to Banks May be Scaled Down
7 October 2004 |
The
government has announced that tax cuts on personal income
and small businesses are in the pipeline, some of which
may be implemented ahead of the general election due
in February 2005. Sources from the Revenue Department
has disclosed that the first Bt100,000 of net income
will not be taxable, thus exempting all six million
taxpayers from the five per cent tax. Currently, net
annual income up to Bt80,000 is exempted from tax, income
between Bt80,001 and Bt100,000 is taxed at five per
cent, between Bt100,001 and Bt500,000 at 10 per cent,
between Bt500,001 and Bt1,000,000 at 20 per cent, between
Bt1,000,001 and Bt4,000,000 at 30 per cent, and amount
exceeding Bt4,000,000 at 37 per cent. There are also
plans to grant tax reduction on profits for businesses
with registered capital of below Bt5 million. The measure
will levy a 10-per-cent tax on profits less than Bt1
million, down from 20 per cent based on the current
law. Profits above Bt1 million and not exceeding Bt3
million will stay at the 25-per-cent tax rate, and the
tax on profits more than Bt3 million will also remain.
Sources from the Finance Department said that there
are proposals to exclude small shops and other small
businesses with an annual turnover of less than Bt1.8
million from the value-added tax system. |
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Elderly Couple Compensated
By Police for Bungled Drug Raid
15 September 2004 |
An
elderly couple from the Ayutthaya province was compensated
with Bt2.5 million for damages and loss of belongings
sustained during a botched drug raid by the police.
The police had been misinformed that the house was a
hideout for methamphetamine-pill producers and fired
bullets into the house, injuring the husband. The wife
had threatened to sue the police for defamation. |
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Indian
Private Sector Warms Up to Prospective FTA with Thailand
15 September 2004 |
Indian
companies are setting up their manufacturing bases in
Thailand even before the Thai-Indian free-trade agreement
(FTA) has been signed. A spokesperson from the World
Trade Organization division of the Federation of Indian
Chamber of Commerce and Industry had pointed out that
many Indian firms are eager to invest in Thailand. The
signing of the FTA would provide better market access,
an influx of foreign direct-investment as well as cost
reductions resulting from lower-priced raw materials
acquired from Thailand. Under the Early Harvest Scheme
(EHS), tariff reductions on 82 items have been agreed
upon between Thailand and India. These include canned
seafood, jewellery, plastics, air-conditioners and parts,
electronics, cars and automotive parts. |
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Patent
Law Amendment Sought for Better Access to Anti-Retroviral Treatments
13 September 2004 |
The
Thai government has been urged by the National Human
Rights Commission and Aids advocacy groups to hasten
the patent law amendment, in order for people living
with the Aids/HIV virus to gain better access to anti-retroviral
treatments. The groups had mentioned that the government
should amend the law so that it is compliant with the
Aug 30, 2003 Doha Declaration on Trips (Trade Related
Aspects of Intellectual Property Rights) and Public
Health. An amendment to article 51 of the Patent Act
has been proposed by the same groups prior to the current
call. If they succeed, importing generic drugs to help
treatment of Aids, cancer and other maladies would be
possible; the same would also apply to the exporting
of locally-produced drugs to neighboring countries.
It is reported that approximately one million Thais
are HIV/Aids carriers and out of those classified as
patients, only five per cent receive anti-retroviral
drugs. |
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Thailand
- India Free Trade Agreement Increases Investment Opportunities
9 September 2004 |
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The
Board of Investment (BoI) and the Confederation of Indian
Industry agreed upon a plan to facilitate business opportunities
in each other's countries through the new free trade
area (FTA) agreement that was signed last year. The
memorandum of understanding (MoU) is designed to provide
trade and investment information to potential investors
in both countries. BoI representatives suggest that
Thai investors could capitalize on India's cheap labor,
particularly involving automotive components, information
technology, software, and food processing. Indian investors
look to invest in chemicals, plastics, paper, and garment
services. The BoI suggested that IT is a promising area
of investment for both sides as each have different
strengths in the sector. Currently investment between
the two countries is relatively low, amounting to less
than 1 billion US dollars in either direction. However,
the FTA, which went into effect September 1, 2004 for
certain products, is expected to increase investment
between the two nations. The agreement will cut import
duties from each country 50% in the first year, another
25% the following year, and eliminate them altogether
by 2006. |
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Thailand
and Australia prepare for Free Trade Agreement to Commence
5 September 2004 |
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In October 2003 Australia
and Thailand reached an agreement on the Thailand-Australia
Free Trade Agreement (TAFTA). In April 2004 trade representatives
of the two countries signed the agreement. Starting
1, 2005 the agreement will go into effect, eliminating
83.2% of Australian tariffs on Thai imports and 52.6%
of Thai tariffs on Australian goods. Restrictions on
the remaining goods will be phased in with deadlines
set for January 1, 2010 and then through the years 2015-2020.
The agreement is comprehensive in that it covers trade
in goods and services, as well as investment. Trade
between the countries is quite large, accounting for
two-way trade of nearly 6 billion Australian dollars
in 2003. In addition to schedules for elimination of
trade barriers, the agreement also allows for safeguard
mechanisms that can be applied in the event of an import
surge that threatens either of the two nation's domestic
industries. Thailand is Australia's 12th-largest export
market, taking vehicles, aluminum, cotton, copper, wool,
and dairy goods, and the 13th-largest source of imports,
importing seafood, heating and cooling equipment, computers,
and crude oil, among other products. Australia has free
trade agreements with New Zealand, Singapore, and the
United States. The agreement is the first between Thailand
and a developed nation. Negotiations between Thailand
and the United States for a similar FTA are currently
underway. |
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Thai
Herb Patent by Japanese Firms Could Impede Local Research
13 November 2004 |
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Thai bio-diversity
advocates are calling the cosmetic applications patent
of the indigenous Thai herb, kwao kreu, by two Japanese
companies an act of "biopiracy". They are
claiming that the Japanese companies have violated the
UN Convention on Bio-diversity and two Thai laws on
bio-diversity protection and traditional medicine. The
patent, registered in the US in 2002, encompasses about
20 procedures for kwao kreu extraction and production.
The advocates are saying that the patent could seriously
hinder local research on the herb found in the North
of the country. At present, patents for kwao kreu products
have been issued in the US, Japan and South Korea. Thai
advocates are aware that some patents could have originated
from Thai research but were registered by foreign companies. |
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Measures
to Prevent Fraud and Malpractice
12 November 2004 |
Instructions have been
issued by the Bank of Thailand, asking financial institutions
to clarify their procedures for loan write-offs to avert
potential fraud and malpractice. In a notification dated
in November, the central bank has asked financial institutions
to allow bank examiners to have access to the criteria
set for loan write-offs. The write-offs would also have
to be approved by bank directors, senior executives,
shareholders and related parties. Financial institutions
would be required to write off the entire amount of
the outstanding loans. In cases where the borrowers
are unable to service the debt following the judicial
process and no personal guarantee or collateral was
pledged against the debt, the central bank would allow
a partial write-off. |
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Legal News Updates: |
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