A lawsuit or (less commonly) “suit in law” is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant’s actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff’s complaint. If the plaintiff is successful, judgment will be given in the plaintiff’s favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. Although not as common, lawsuit may also refer to a criminal action, criminal proceeding, or criminal claim.
Litigation includes, Criminal Defense, Child Adoption in Thailand, Intellectual property Anti money laundering laws, and Personal Injury Claims Employment Disputes and Trade Disputes etc.
When charged with crime we see that your human rights are protected and you are fairly judged on the basis of the laws and regulations. You can be charged with a crime if involved or concerned in any of the following:
Using drugs, selling it or manufacturing it all are very serious crime. But there are different punishments for different types of crime committed. It ranges from 1- 99 years of jail. The fine also differ according to the quantity and the. We see into the matter and help you secure your legal rights if violated.
Rape/ sexual abuse/child abuse
Rape or sexual abuse is a very serious crime in Thailand. We try our best so that you can get your rights according to the law. We make sure that your rights are not mistreated.
Murder is a very serious crime in which case a person charged with murder can face life sentence or even death penalty. We help you to obtain your legal rights if violated.
The procedure for adoption
The only organization responsible for taking care of child adoption in Thailand is the child Adoption center of the department of public welfare DPW. It is a government organization responsible for child adoption in Thailand. But there are also another 4 NGO’s that are given the license to deal with child adoption in cases where a child is to be adopted and sent abroad.
Eligibility for child adoption
The couple adopting the child must be married
Both the partners must be at least 25 years of age
Both the spouse must be at least 15 years older than the child being adopted
The couple must be legally qualified to adopt a child in their respective country.
- Copy of passport or identity card.
- Copy of document certifying marriage or divorce
- Medical certificate verifying good physical health and mental stability indication and the applicants’ infertility
- Document showing income and profession
- Document certifying asset.
- Four photographs of the applicant and spouse with children and home area if any.
- Letter of consent for adoption from applicant’s spouse or an approval order of the court in lieu of the spouse’s consent (if any).
- Copy of work permit/s of the foreign couple
- References certifying the suitability of the applicants for adoption from at least two persons.
- Police report
All the documents must be attested by the Royal Embassy and the documents must be translated into Thai. After all the documents are submitted they will be sent to the Child Adoption board and the parents will be informed whether they can or cannot adopt the child.
Employment disputes between employees and employers keep arising in everyday life. The disputes can be of a contractual or agreement nature. We have the past experience of dealing with such disputes. So if you have any dispute over a contract, agreement or other type of dispute related to a non contract/agreement nature, then we can be of help to you. We have a team of well qualified and experienced lawyers that give their best to solve the case in hand.
Personal Injury Claims
Personal injury claims can result due to a doctor’s negligence, e.g. dental accidents, road traffic accidents, accidents at the workplace, etc. If the negligence of another party can be proved, then the effected party may be given compensation. In such a case the services of a lawyer should be acquired especially in complex cases like medical malfunction. We have professional lawyers with experience in personal injury claims.
Trade Disputes can arise due to contract disagreements or any other reason. We have a professional team of lawyers that have experience in trade disputes.
Anti Money Laundering Law
We provide you with legal service in which money laundering is included.
What does the law say.
Money laundering has been a problem for Thailand. Money earned from drug trafficking, prostitution and corruption is illegal. SO in order to counter these problems Thailand has passed a law Act of 1999 called the anti money laundering law.
Anti money laundering law
The anti money laundering law was passed to tackle drugs trade, corruption and prostitution.
The primary Targeted Crimes?
1) Narcotics trafficking;
2) Prostitution and other sexual offenses;
3) Fraud against the public;
4) Fraud involving financial institutions;
5) Abuse of position by a government official;
7) Trade in contraband.
The law prohibits and states that it is a crime to transfer, convert or receive the transfer money or property coming from the above mentioned sources. In order to stop this, bank accounts are monitored, in which banks and financial institutions have to report all cash transactions over two million baht. and property transaction cash more than 5 million baht .
Intellectual Property (IP)
Like any other country Thailand has also formulated a law for protection of intellectual properties. Like, copy rights, patents and trademarks.
At first the law was passed in November 1994.
The patent act of 1979 with provisions made in 1992 that protects pharmaceutical and agricultural machinery and a patent protection for the period of 20 years.
For an invention to be patentable, it must:
Involve an inventive step
Be capable of being made or used for some kind of production activity.
Therefore, the following would not qualify for patents:
Exceptions for patents
An invention widely known or used by others in Thailand before the filing of the patent application
An invention, the subject matter of which was described in a document or printed publication, displayed or otherwise disclosed to the public, in any manner, whether inside or outside Thailand, and whenever the disclosure is by document, printed matter, exhibition or public disclosure by any means whatsoever
An invention that has been granted a patent inside or outside Thailand prior to the date of the patent application
An invention that is the subject of an abandoned application in Thailand. This provision does not affect the rights of co-inventors and others who did not apply for such patent shall not be affected
An invention for which an application for a patent was filed in a foreign country more than 12 months prior to the date of the patent application, the foreign patent not having been issued.
The Copyright protects works falling in the categories of literary work, including computer programs; dramatic, artistic and musical work; audio-visual material, cinematic film, recorded material; disseminated pictures or disseminated sound; or any other works in the fields of literature, science or fine arts.
A copyright belongs to the creator of a work, subject to the following conditions:
In the case of unpublished work, the creator must be of Thai nationality, reside in Thailand, be a national of or reside in a country which is a member of the Convention on the Protection of Copyright, of which Thailand is a member, provided that the residence at all times or most of the time is spent on the creation of the work.
In case of published work, the first publication must be made in Thailand or in a country, which is a member of the Convention on the Protection of Copyright. In the case where the first publication was made outside Thailand or in a country which is not a member of the Convention, of the public of the sound work is subsequently made in Thailand or in a country which is a member of the Convention within 30 days from the first publication or the creator has the qualification as prescribed above at the time of the first publication.
In cases where the creator is required to be a person of Thai nationality, and the creator is a juristic person, such juristic person must be established under the Civil and Commercial Code of Thailand.
Copyright protection period
A copyright in literature, drama, artistry or music is valid throughout the lifetime of the creator, and for an additional 50 years thereafter. If the creator is a juristic person, then the copyright will be valid for a period of 50 years after the creation of the work. The copyright for applied artistic work remains for a period of 25 years after the creation of the work.
. Thailand has improved its copyright system according to the international standards. But is has to do a lot in order to further improve its intellectual property. Thailand can accomplish this by merely taking a strong action to improve intellectual property.