Thailand Legal and Business News: July 2010

Supreme Court Opinions

GROUNDS FOR DIVORCE
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi

The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.

SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse

The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.

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Final Draft for 3G License Auction Approved

6 July 2010

The National Telecommunications Commission (NTC) of Thailand has approved the final draft of rules regulating the auction of third-generation (3G), 2.1-gigahertz licensing.

In this latest draft, the reserve price for the 3G license is Bt 12.8 billion, an increase from the previous draft’s Bt10 billion. The NTC intends to auction three such licenses, which include 15 megahertz of bandwidth and a term of 15 years.

All three licenses will be auctioned if there are at least four qualified bidders; two licenses if three bidders, one license if two bidders and no auction if only one bidder. This method is intended to prevent market dominance and collusion among bidders.

Further, the draft makes efforts to prevent dominance of foreign firms and to safe guard against the use of Thai nominees. True is the only significant telecom operator without a foreign strategic partner.

Once the draft has been published in the Royal Gazette, there will be a 30 day period for companies to submit applications to participate in the auction.

FDA Pulls 155 Websites

6 July 2010

The Thailand Food and Drug Administration has ordered the closure of 155 websites for allegedly containing information regarding drugs and diet supplements that is either untrue or exaggerated.

While representatives of the FDA acknowledge that it is a very difficult task to identify all cases of misinformation regarding drugs and diet supplements, this recent effort is an attempt to stop the spread of potentially dangerous claims.

Apichart Hoonchamlong, a pharmacist with the FDA, commented that tackling false claims in the drug industry requires more effective laws: “The law is outdated. There is no reliable source on which people can depend. The public sector is not allowed to get involved in any monitoring process”.

Critics suggest that the Thailand FDA registration process needs to be more thorough in approving food and drug products in the country.

Related Articles:

The work of the Thai FDA

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