Category Archives: News & Articles

Patents are a fundamental component of Intellectual Property (IP) law, providing inventors with exclusive rights to their innovations. However, the criteria for what constitutes a patentable invention vary across jurisdictions, as they are influenced by diverse legal traditions, economic priorities, and policy objectives. The legal framework that governs patents in Thailand is the Patent Act B.E. 2522, amended by the Patent Act (No.2) B.E 2535 and the Patent Act (No.3) B.E. 2542. The Act has been subject to numerous revisions over the years to ensure that it is consistent with international standards, including those established by the World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

Article 9 is a critical provision of the Act and is instrumental in establishing the scope and constraints of what is considered a patentable invention in Thailand. Computer-based and biological inventions have been the two most contentious domains. This article explores the concept of patentable inventions in Thailand under Article 9 and compares these criteria with patent regulations in other major jurisdictions, including the United States, the European Union, and Japan. The focus will be on computer-based and biological inventions.

Understanding Article 9 of the Thai Patent Act B.E. 2522

The patent eligibility boundaries are outlined in Article 9 of the Patent Act B.E. 2522, which specifies what is not deemed an invention under the act. The Article sets out the patenting of specific subject matters, thereby guaranteeing that only genuine innovations that satisfy specific criteria may be granted patent protection.

Key Exclusions under Article 9

Several categories of subject matter that are not considered patentable inventions are identified in Article 9. These consist of:

1. Naturally occurring microorganisms and their components, animals, plants or extracts from animals or plants: This implies that the components of organisms that commonly occur in nature are not patentable. Nevertheless, this Article does not encompass the use of genetically modified microorganisms (GMM) in the production of desired products, such as the use of genetically modified pichia pastoris to enhance the production of ester (DIP application no. 1703001861). It is also excluding the use of extracts from animals or plants, such as the use of Kaffir lime, mint, and wild spikenard leaves to prevent rice weevil (DIP application no. 1101000398).
2. Scientific or mathematical rules or theories: The Act explicitly prohibits the patenting of scientific hypotheses or discoveries that are merely preliminary. For instance, Thai patent law does not recognize the discovery of a new mathematical formula or a natural law as an invention.
3. Computer programs: Article 9 explicitly prohibits the patenting of computer programs per se, although this exemption is subject to interpretation and may differ depending on whether the software has a technical effect or is a component of a larger patentable system or process.
4. Methods of diagnosis, treatment or cure of human and animal diseases: Medical methods are generally not patentable under Thai law. This exclusion is intended to guarantee that medical professionals can employ the most effective techniques for patient treatment without being subjected to patent-related limitations.
5. Inventions contrary to public order, morality, health, or welfare: Patents are not granted for inventions that encourage unlawful activities, unethical practices, or that might harm societal values. This may encompass methods or devices that are deemed socially unacceptable or unethical in Thai society, promote violence, or facilitate crime.

Comparative Analysis with Global Patent Regulations

The exclusions listed in Article 9 of Thailand’s Patent Act have parallels in other jurisdictions, though the specific criteria for patentability can differ significantly.

Scope of Patentable Subject Matter:

United States (Article 101 of Title 35 of the United States Code)

The United States has a more expansive definition of what constitutes a patentable invention. Under Article 101, virtually any new and useful process, machine, manufacture, or composition of matter can be patented, provided it meets the novelty, utility, and non-obviousness criteria. There are fewer categorical exclusions, with courts typically handling the nuances of what is or is not patentable.

European Union (Article 52-53 of the European Patent Convention)

The European Patent Convention (EPC) has a similar approach, excluding certain categories like scientific theories, mathematical methods, aesthetic creations, and business methods as stipulated in article 52(2) EPC. Nevertheless, the EPC offers some flexibility in terms of exclusions, particularly regarding computer programs and biotechnological inventions, if they exhibit a technical effect or contribute to a technical field.

Japan (Article 29 and 32 of the Japanese Patent Act)

Japan’s Patent Act also excludes certain categories, like scientific discoveries and aesthetic creations. However, Japan’s legal system is more accommodating in its approach to biotechnological inventions and computer programs, allowing patents to be granted if they address a technical issue or make a technical contribution.

Computer Programs:

United States

Software is not categorically excluded from patentability in the United States. The United States permits software patents if the software is associated with a specific machine or apparatus, or if it transforms an article into a different state or thing, thereby contributing to a “technical effect,” even though abstract ideas, such as certain types of software, are not patentable.

European Union

Although computer programs per se are not patentable “as such” under Article 52(2), they may be patentable if they generate a technical effect that surpasses the typical physical interactions between the program and the computer. This enables the patenting of specific software-related inventions under the EPC.

Japan

Japan allows patents for inventions involving computer programs if the invention has a technical effect or solves a technical problem. This makes Japan more permissive in this area compared to Thailand.

Biotechnological Inventions:

United States

The United States allows for the patenting of biotechnological inventions, including genetically modified organisms, engineered biological materials, and biotechnological processes. Naturally occurring organisms cannot be patented unless they have been modified or otherwise manipulated in a way that creates something new.

European Union

As stipulated in Article 53, the EPC is more permissive, allowing patents on microbiological processes and the products thereof, but excludes plant and animal varieties and essentially biological processes for their production.

Japan

Japan allows the patenting of biotechnological inventions, including genetically modified organisms and related biotechnological processes, provided they meet the criteria of novelty, inventive step, and industrial applicability.

Medical Methods:

United States

The United States permits the patenting of medical methods, such as diagnostic and treatment methods, with certain exceptions, particularly for medical personnel who employ patented methods in their practice under “safe harbor” provision. The United States system is more lenient in permitting patents for these innovations.

European Union

Similar to Thailand, methods of treatment by surgery or therapy, as well as diagnostic methods performed on the human or animal body, are excluded by the EPC. Nevertheless, pharmaceuticals or medical devices that are employed in these procedures may be eligible for patent protection.

Japan

Methods for surgery, therapy, or diagnosis are also not patentable in Japan. Still, Japan permits patents for pharmaceutical products or medical devices that are employed in these procedures, similar to the EPC.

Article 9 of Thailand’s Patent Act B.E. 2522 is essential in establishing the limits of patentable subject matter in the nation. The Act guarantees that patents are issued exclusively for innovations that provide practical advantages and advance technology by prohibiting specific categories. Thailand’s patentability criteria are generally consistent with those in other main jurisdictions when compared to global standards, although there are some differences in the treatment of software and medical methods.

It is imperative for businesses and inventors that operate in multiple jurisdictions to comprehend these distinctions. It is crucial to customize patent strategies to the legal frameworks of each target market, as the fundamental principles of patent law are broadly similar worldwide. However, specific exclusions and requirements may differ. As ILCT is a leading law firm with a highly recognized and rewarded Intellectual Property Department, we recommend that any questions or concerns you have regarding this matter be sent to us at ipgroup@ilct.co.th.

Patentable Inventions in Thailand Under Article 9 of the Thai Patent Act B.E. 2522: A Comparative Analysis with Global Patent Regulations  [please download]

On September 24, 2024, the highly anticipated Marriage Equality Act was published in the Royal Gazette, marking an important milestone for Thailand’s LGBTQ+ community. The act will come into force 120 days after its publication.

This article aims to summarize the key changes introduced by the Marriage Equality Act. It is intended for both Thai citizens and foreign nationals, particularly same-sex couples looking to marry under Thai law.

The act amends several provisions of the Civil and Commercial Code, specifically those related to marriage and family, effectively legalizing same-sex marriage.

One of the most significant changes in the Marriage Equality Act is the replacement of references to “man” and “woman” with gender-neutral terms such as “persons” and “parties.” Additionally, references to “husband” and “wife” have been changed to “spouses.” The legal age for marriage and engagement has also been raised to 18 years, up from 17.

While the act updates terminology, the substantive elements of the original provisions remain unchanged. This means that same-sex couples will finally enjoy all the legal rights previously available only to heterosexual marriages. They will also share the same obligations as heterosexual couples, such as property sharing and mutual support.

Apart from the raised age requirement for both spouses, same-sex couples can marry by meeting the same conditions as heterosexual couples, including mutual consent to marriage, the prohibition of marrying if either party is already married, and the registration requirement. Additionally, for an engagement to be valid, one spouse must transfer property to the other, like the requirements for heterosexual couples.

In conclusion, the Marriage Equality Act represents a significant advancement in LGBTQ rights in Thailand, granting same-sex couples the legal right to engage and marry, along with the associated legal benefits and protections. As the act does not alter the substantive elements of the amended provisions, navigating the requirements for engagement and marriage can be complex. We strongly recommend seeking professional legal assistance. Feel free to contact us at law@ilct.co.th for further guidance.

Marriage Equality Act Published in the Royal Gazette [please download]

This article aims to provide an overview of the recent National Cyber Security Committee (NCSC) announcements published in the Royal Gazette, covering cybersecurity training and cloud security.

Entities covered by the Cybersecurity Act B.E. 2562 (2019)

Before diving into the announcements, it is important that we outline which entities are covered by the Cybersecurity Act.

Under the act, the following entities are covered:

• Governmental agencies
• Organization of critical information infrastructure
  • Section 3 defines this as a governmental agency or a private organization that has a mission of or provides critical information infrastructure service.
• Supervising or regulating organization
  • Section 3 defines this as a governmental agency or private organization, or a person appointed by law to have regulatory powers over governmental agencies or organization of critical infrastructure.

The first announcement by the NCSC provides guidelines for training personnel of governmental agencies and organizations with critical information infrastructure covered under the Cybersecurity Act. This announcement is due to come into force one year after the date of publication in the Royal Gazette.

Section 8 of the announcement requires entities covered by the Cybersecurity Act to implement training programs to improve cybersecurity skills of their personnel. These training programs can be centralized or decentralized.

Section 9 of the announcement sets out the minimum frequency of training program evaluation of one year, in response to the evolving threat landscape. The evaluation needs to cover training materials such as instructional documents, and the delivery of training.

In addition, the annex to the announcement lays out more detail on training programs with some key components briefly outlined below:

The training covers two broad areas:

1. Personnel skillsets: aims to develop the necessary skills for personnel to effectively carry out the duty of maintaining cybersecurity within their organizations.
2. Work ecosystem: aims to promote a work environment that is conducive to continuous learning and skill development by personnel responsible for maintaining cybersecurity.

There are three primary areas covered in the announcements:

1. Awareness
2. Training
3. Education

In the annex, the following organizational roles are identified for training:

1. Agency Head
2. Chief Information Officer (CIO)
3. Cybersecurity Program Manager
4. Manager
5. Users

This announcement from the NCSC, mainly aimed at cloud service providers, aims to set standards to enhance cybersecurity of cloud-based systems. This announcement is due to come into force two years after the date of publication in the Royal Gazette.

In the annex to the announcement, the standards cover governmental agencies, organizations with critical information infrastructure, and providers of cloud services to such organizations under the Cybersecurity Act.

In the annex, the NCSC divided cloud security standards into two broad categories:

• Cloud Security Governance: Includes standards relating to information security policies, compliance, and organizational security.
• Cloud Infrastructure Security and Operation: Includes standards relating to matters such as physical and environmental security, technical safeguards, human resource management and cryptography.

The frequency of assessment depends on whether the entity is a user of a cloud service, or is a provider of cloud services, and the level of impact.

• For low-impact cloud users, the minimum frequency of assessment is self-assessment at least once per year.
• For medium and high-impact cloud users, and cloud providers of all impact levels, assessment must be carried out by external bodies in a three-year cycle consisting of:
  • Certification in year one, and
  • Survey in years two and three.
• In addition, for providers of cloud services of all impact levels, at least an ISO/IEC 27001 Certification and CSA STAR Level 1/CCM Lite are required.

Under Section 6, entities covered by the Cybersecurity Act must report to the NCSC within 30 days once implementation of the required standards has been completed.

Both NCSC’s announcements do not appear to contain any penalties in an event that an entity covered by the Cybersecurity Act fails to follow the prescribed guidelines, however:

• Section 53 Paragraph 2 gives the Cybersecurity Regulating Committee (CRC) the power to compel organization of critical information infrastructure and governmental agencies to comply with applicable standards.
  • Failure to comply could amount to disobeying official order, the punishment for which is provided in the Penal Code.
• Section 73 penalizes the failure of the organization of critical information infrastructure to report a cyber threat incident without reasonable justification under Section 57.
  • Punishment is a fine of not exceeding 200,000 baht.
• In case of a juristic person, Section 77 places criminal liability with the director, manager or any person responsible for the operation of the juristic person.

This article briefly lays out the requirements for cloud security and cybersecurity training that entities covered by the Cybersecurity Act are expected to follow. Since both NCSC announcements contain lots of details in their annexes, complying with the cybersecurity training and cloud security requirements can be a complex issue. As always, we strongly recommend seeking professional legal assistance. Feel free to contact us at law@ilct.co.th for further guidance.

New Regulations Aim to Improve Cybersecurity Training and Set Minimum Standards for Cloud Security [please download]

Technology devices and social media have become integral parts of daily life. Despite their many benefits, they also bring challenges such as fake news and cybercrimes. Traditional forms of protection are becoming less effective as the dynamics of regulation and consumer protection evolve rapidly. Recent legislative changes aim to prevent and combat these technological crimes.

In Thailand, common cybercrimes include online transaction scams, phishing, romance scams, and crypto investment scams. Between March 2022 and July 2024, the total damages amounted to 69.1 billion baht, or approximately 78 million baht per day.

In response, the Thai government issued a new law to combat these cybercrimes. The Emergency Cybercrime Decree, which took effect on March 17, 2023, includes measures that restrict certain rights and liberties to protect victims who have been damaged through phone calls or electronic means. The decree addresses practical challenges faced by victims of online and phone scams, such as the inability to freeze transactions instantly because banks require proof of a police report. Additionally, a new digital forensics center will be equipped with modern technology to handle individuals spreading fake news or falsified information on social media platforms. The center will also tackle organized crime networks that use technology for fraud or illegal activities.

Furthermore, on August 9, 2024, Thailand adopted the draft United Nations Convention Against Cybercrime. This draft convention will be the first legally binding United Nations instrument aimed at combating cybercrime. Thailand has consistently prioritized tackling cybercrime and has participated in negotiations under the United Nations Ad Hoc Committee (AHC) framework since its establishment.

These changes are crucial for maintaining national and public safety as well as economic security. The high value of damages from online scams affects the country’s economic system. Additionally, the draft convention will support the international community in its fight against cybercrime, facilitating cooperation between Thailand and other countries to address transnational crimes such as online scams, human trafficking, and drug trafficking, which are priorities for the Thai government. As with any legal matter, it is advisable to seek professional advice before taking any action. For further information or assistance, please contact us at law@ilct.co.th.

New Thai Legislation Bolsters the Battle Against Cybercrime [please download]

This legal summary provides an overview of new regulations outlined in SEC notifications effective from June 1st, 2024, concerning the issuance of sustainability-themed digital tokens. The summary is intended for all token issuers in Thailand looking to offer investors opportunities to invest in digital assets linked to sustainability projects.

The amended regulations aim to support Thailand’s Environmental Social and Governance fund or ESG fund in investing in sustainability-related products and contributing to the national sustainability strategy, while also fostering the growth of the country’s digital economy. There are four notifications amending regulations on sustainability-themed tokens, detailed as follows:

Notification of the Securities and Exchange Commission No. Kor Jor. 9/2567 Re: Initial Public Offering of Digital Tokens (No. 11):

• Adds a requirement for an independent external reviewer to:
• • Provide opinions or certify that the framework for public offerings of digital tokens meets standards equivalent to issuing debt instruments.
  • Provide opinions or certify impact reports of projects associated with the digital token.
• The independent external reviewer must possess experience, expertise, or mechanisms for evaluating or certifying related to environment, society, sustainability, or the success of sustainability indicators and goals. This includes experience with sustainability-themed debt instruments or sustainability-related digital tokens.

To sell sustainability-themed digital tokens, prospective issuers must first obtain SEC approval. Once approved, issuers must disclose information as required by SEC regulations.

In addition, during public offerings of sustainability-themed digital tokens, prospective issuers must disclose additional information outlined in the annex of this notification, in addition to the information listed within.

Before the token sale: The issuer must disclose specific sustainability-related information, such as the management and use of sale proceeds, progress reports on sustainability-related projects, investor risks, and project evaluation processes.

After the token sale: The issuer must also disclose sustainability-related information post-sale, such as progress on sustainability-related projects, opinions or certifications by an independent external reviewer, any material changes in circumstances, and the appointment of a new external reviewer.

Notification of the Securities and Exchange Commission No. Kor Jor. 10/2567:

• Exempts application and filing fees for the following digital tokens:
  • Green tokens
  • Social tokens
  • Sustainability tokens
  • Sustainability-linked tokens
• This fee exemption is effective until May 31st, 2025.

Notification of the Securities and Exchange Commission No. Kor Jor. 11/2567 Re: Offering of Digital Tokens in a Private Placement (No. 3):

• The requirements in this notification are identical to those under Notification of the Securities and Exchange Commission No. Kor Jor. 9/2567, with the main distinction being that Notification of the Securities and Exchange Commission No. Kor Jor. 11/2567 pertains to token issuers intending to offer digital tokens through initial coin offering (ICO) portals.

Notification of the Securities and Exchange Commission No. Kor Jor. 12/2567 Re: Rules, Conditions, and Procedures for Granting Approval of Initial Coin Offering Portals (No. 11):

• Sets out requirements for ICO portals, specifically:
  • Requiring token issuers to disclose sustainability-related information as specified by the SEC.
  • Facilitating token issuers in these disclosures.
• ICO portals are responsible for ensuring that token issuers comply with their disclosure obligations.
• ICO portals that commenced operations before this notification came into effect have a grace period to comply.

This summary provides a brief overview of the new requirements for selling sustainability-themed digital tokens that took effect last month. Compliance with these varied requirements can be complex, and we strongly recommend seeking professional legal assistance. Feel free to contact us at law@ilct.co.th for further guidance.

Sustainability-themed ICOs: Regulations Amended by the SEC [please download]

Issued by the Department of Consular Affairs, Thailand

Date: 15 July 2024

In accordance with the regulations of the Kingdom of Thailand, nationals of 93 specific countries and territories are eligible for visa exemption under certain conditions. This exemption applies for purposes such as tourism, business engagements, urgent work, or ad-hoc work, allowing a stay of up to 60 days. An extension of stay for an additional period not exceeding 30 days may be granted at the discretion of the immigration officer. It is important to note that any extension beyond the initial 60 days up to a total of 90 days requires the applicant to apply for an appropriate visa in Thailand.

Eligibility and Application Process

Nationals eligible for visa exemption include citizens from:

Albania, Andorra, Australia, Austria, Bahrain, Belgium, Bhutan, Brazil, Brunei, Bulgaria, Cambodia, Canada, China, Colombia, Croatia, Cuba, Cyprus, Czechia, Denmark, Dominica, Dominican Republic, Ecuador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea (ROK), Kosovo, Kuwait, Laos, Latvia, Liechtenstein, Lithuania, Luxembourg, Macao, Malaysia, Maldives, Malta, Mauritius, Mexico, Monaco, Mongolia, Morocco, Netherlands, New Zealand, Norway, Oman, Panama, Papua New Guinea, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russia, San Marino, Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Taiwan, Tonga, Trinidad and Tobago, Turkey, Ukraine, UAE, UK, USA, Uruguay, Uzbekistan, and Vietnam.

The following countries have bilateral agreements for visa exemptions with Thailand: Argentina, Chile, and Myanmar (International Passports Only)

For individuals requiring necessary or urgent work or ad-hoc work in Thailand, a notification must be submitted in person at any international airport or labor office within the country. This process, which takes one working day, can only commence after the foreign national has entered Thailand. The work activity must be completed within 15 days.

Types of Work Permitted

The types of necessary or urgent work permitted include:

• Organizing conferences, trainings, seminars, exhibitions, or trade fairs
• Conducting special academic lectures
• Aviation superintendent
• Occasional internet audits
• Technical issue resolution
• Quality control or inspection of products/goods
• Inspection or improvement of production processes
• Machinery and equipment system inspection or maintenance
• Machinery installation and maintenance
• Electric train technician
• Aircraft or aircraft equipment system technician
• Consulting work on machinery maintenance or control systems
• Machinery demonstration and testing
• Movie filming and slide photographing
• Recruitment for overseas job placement
• Technical skill testing for overseas job placement

Destination Thailand Visa (DTV)

Destination Thailand visas can also be applied for through the Thai e-visa website. This type of visa costs 10,000 THB and is valid for 5 years (multiple entries), with a 180-day stay per entry. It is available for foreigners who are digital nomads, remote workers, and freelancers, as well as those participating in activities such as:

• Muay Thai courses
• Thai cooking classes
• Sports training
• Medical treatment
• Seminars
• Musical festivals

Spouses and dependent children of DTV holders are also eligible.

Visa on Arrival (VOA)

Nationals from the following 31 countries and territories are eligible to apply for a visa on arrival at immigration checkpoints for tourism purposes. This visa costs 2,000 THB and allows for a stay of up to 15 days for a single entry. The list of eligible countries and territories is as follows:

Armenia, Belarus, Bhutan, Bolivia, Bulgaria, China, Costa Rica, Cyprus, El Salvador, Ethiopia, Fiji, Georgia, India, Kazakhstan, Kyrgyzstan, Malta, Mexico, Namibia, Nauru, Papua New Guinea, Paraguay, Romania, Russia, Saudi Arabia, Serbia, Seychelles, Taiwan, Tunisia, Uzbekistan, Vanuatu, and Venezuela.

Non-ED Plus Visa

Non-ED Plus Visas is designed to support international students studying at universities in Thailand at the bachelor’s degree level or higher. The benefits of this visa include:

• Exemption from Re-Entry Permit: Students can leave and re-enter Thailand during their studies without needing a re-entry permit.
• Extensions of Stay: Universities or institutions will handle visa extension applications on behalf of the students.
• Extended Stay for Graduates: After graduation, students can extend their stay in Thailand for up to 1 year to seek employment, travel, or engage in other activities. They are also eligible to apply for a new type of visa in Thailand if they secure employment.

For more detailed information regarding visa exemptions, extensions, and application procedures, interested parties are advised to contact the Thai Immigration Bureau or the Department of Employment. Additionally, updates and specific requirements can be accessed through the Thai e-Visa portal (www.thaievisa.go.th).

The visa exemption scheme facilitates ease of travel and temporary stays for nationals of eligible countries and territories visiting Thailand for tourism, business, or short-term work engagements. It is imperative for travelers to familiarize themselves with the specific conditions and requirements to ensure compliance with Thai immigration regulations. Please reach out to us at law@ilct.co.th for any specific legal advice regarding this matter.

Visa Exemption for Nationals of 93 Countries and Territories in Thailand [please download]

Building upon the earlier overview of the law (https://www.ilct.co.th/marriage-equality/), this article delves deeper into the implications of the Marriage Equality Act on real estate rights for LGBTQ+ couples in Thailand. It focuses on two key aspects: condominium acquisition and land ownership. The Act facilitates joint management of marital property for married couples, irrespective of gender, allowing for equal rights in property transactions and inheritance. However, it clarifies that foreign ownership of land remains restricted to specific conditions, emphasizing the ongoing legal complexities faced by LGBTQ+ couples with foreign partners.

A. Condominium Acquisition

The Marriage Equality Act has significant implications for LGBTQ+ couples regarding condominium ownership. When a married couple jointly acquires a condominium unit, it becomes marital property under Section 1476 of the CCC, regardless of the partners’ genders. This shift from traditional “husband and wife” terminology allows LGBTQ+ couples to manage their property jointly during marriage, adhering to principles of joint ownership. Any major transactions like sales or encumbrances (e.g., mortgages, leases over 3 years) require mutual consent from both spouses.

An important benefit of the Act is inheritance rights for LGBTQ+ couples. Previously, without legal recognition, surviving partners faced challenges inheriting property if their spouse passed away intestate. Section 1629 of the CCC stipulates that without a will, ownership defaults to statutory heirs, potentially complicating inheritance. With the Act, LGBTQ+ married couples now have statutory inheritance rights (Section 1635 of CCC). If no statutory heirs remain, the surviving spouse inherits the entire estate. If heirs exist, inheritance is proportionate based on their class.

B. Land Acquisition

Land ownership in Thailand by foreigners is strictly regulated under specific conditions: inheritance as a statutory heir (Section 93 of the Land Code), investment approvals (Section 96), or for commercial/industrial use with Board of Investment (BOI) or Industrial Estate Authority of Thailand (IEAT) permissions. Marriage to a Thai national, whether same-sex or different-sex, does not exempt a foreign spouse from these regulations.

Previously, LGBTQ+ couples unable to legally marry under Thai law navigated land acquisition through Thai partners, often without legal standing. To secure rights, options like long-term leases or usufructs were utilized, offering control but not full ownership.

Even with the Marriage Equality Act, land ownership by LGBTQ+ couples with foreign partners remains restricted. Only Thai nationals can be sole landowners. During registration, the Thai spouse must affirm that funds used are personal, designating the property as personal rather than marital.

For personalized legal advice on these matters, please contact us at law@ilct.co.th

Real Estate Rights Under the Marriage Equality Act [please download]

Thailand has witnessed significant social progress in recent years, with growing societal interest in enhancing the rights and well-being of LGBTQ+ individuals. In response to this momentum, there has been a social movement to legalize same-sex marriage and elevate family and civil rights for LGBTQ+ individuals through amendments to the Thai Civil and Commercial Code (“CCC”), known as the “Marriage Equality Act” (the “Act”).

This development led to the submission of three proposed draft amendments to the CCC for consideration by parliament. One proposal came from the current government, another from the opposition party, and the third from over 10,000 eligible Thai voters, in accordance with the legislative procedure stipulated by the Thai Constitution B.E. 2560 (2017). The House of Representatives demonstrated its commitment to this cause by passing a resolution to accept the principles outlined in all three versions of the draft legislation during the 26th Session of the House of Representatives, 1st Year, 4th Meeting held on December 21, 2023.

The core objective of all three proposed draft legislations is to broaden the rights of LGBTQ+ individuals, enabling them to legally form families, exercise various family rights and responsibilities, and attain family status to each other. This encompasses key aspects such as engagement, marriage, spousal rights, parental rights, and inheritance rights, all of which would be equally recognized under the law for LGBTQ+ couples as they are for heterosexual couples in the context of family formation.

Following the evaluation of all three versions of the legislation, the House of Representatives consolidated them into a single draft, which underwent review by the Extraordinary Committee in early 2024. As a result, the Marriage Equality Act received overwhelming approval during the 31st Session of the House of Representatives, 2nd Year, 2nd Meeting held on March 27, 2024. After this stage, as outlined by the Thai Constitution, the Marriage Equality Act will then require approval from the Senate and securing endorsement from the King before the Act can become reality in Thailand. This legislative procedure is expected to conclude within Q3 of 2024.

The Marriage Equality Act represents a fundamental change in the definition of marriage, transitioning from “a man and a woman” to “two individuals”, replacing the traditional legal status of “husband and wife” with the gender-neutral term “married couple”, and reforming the family status from “father and mother” to “primary parent”. The Act’s primary ambition is to ensure that LGBTQ+ couples are afforded the same fundamental rights as heterosexual couples currently enjoy under the CCC. These rights include the ability to adopt children, jointly manage marital properties, and, most importantly, inherit their spouse’s inheritance.

In light of these developments, attention now turns to the nearly finalized Act and its implications in the realm of real estate acquisition, especially for LGBTQ+ couples where one partner is a non-Thai national. Upon the Act’s endorsement and subsequent 120-day period after publication in the Royal Gazette, LGBTQ+ couples will become eligible to legally marry and obtain marriage certificates from any Thai district office, enjoying rights like those granted to heterosexual couples under the CCC. However, it is important to note that significant complications may arise or remain when a married couple, regardless of sexual orientation, seeks to acquire real property in Thailand.

Recently, the Senate officially approved and passed a law legalizing same-sex marriage. Essentially, this new law grants any two individuals above 18 years old the right to register their marriage and enjoy the same benefits and rights as heterosexual couples. Currently, the bill is awaiting formal endorsement from King Maha Vajiralongkorn and its publication in the Government Gazette, after which a date will be set for the law to take effect within 120 days.

Stay tuned for our next article, which will cover the rights specific to ownership of land and property. For any specific legal advice, please reach out to us at law@ilct.co.th

Advancements in Thailand’s Marriage Equality Legislation of 2024 [please download]

On June 21, 2024, the Cabinet Secretary’s office introduced urgent economic measures aimed at revitalizing Thailand’s economy through the real estate sector. Central to these measures is a proposal to relax regulations governing foreign ownership of properties. This initiative comes in response to a letter from the Cabinet Secretary dated April 9, 2024, emphasizing the government’s commitment to stimulating economic growth via real estate development and positioning Thailand as a global industrial hub.

The Cabinet convened on June 18, 2024, where Deputy Prime Minister Phumtham Wechayachai proposed the implementation of resolutions outlined in the April 9 directive. The resolution calls upon relevant government agencies to explore measures conducive to macroeconomic stimulation and the attraction of substantial foreign investments. Deputy Prime Minister Phumtham emphasized the preliminary nature of the proposal, noting it was undergoing thorough governmental review and had not yet received final approval.

The Ministry of the Interior has been tasked with assessing the feasibility of two key measures:

1. Extension of Property Rights: Reviewing provisions under the Property Rights Act of 2019 to potentially extend property leaseholds up to 99 years.

2. Enhanced Foreign Ownership in Condominiums: Revising existing laws governing foreign ownership of condominiums to increase the permissible foreign ownership threshold from 49% to 75%. This adjustment may include conditions regulating the management and voting rights of foreign entities that exceed the current ownership cap.

Should these measures necessitate legislative amendments, the Ministry of the Interior is instructed to expedite the legal processes in strict accordance with existing laws, regulations, and governmental directives.

Following Cabinet review and approval of Deputy Prime Minister Phumtham’s proposal, the Ministry of the Interior is now mandated to initiate implementation of the approved measures. This signifies a pivotal step towards potentially liberalizing foreign investment in Thailand’s real estate sector, reflecting the government’s proactive stance in fostering economic growth through regulatory reform.

This legal update underscores the evolving landscape of real estate regulations in Thailand, highlighting significant implications for foreign investors and local stakeholders alike. However, the issue remains under ongoing discussion and has not yet been finalized. We encourage you to reach out to us at law@ilct.co.th for any technical questions concerning this.

Legal Developments in Thai Real Estate: Facilitating Foreign Ownership [please download]

In a significant move towards enhancing the domestic tourism sector, the Cabinet has endorsed a series of tax measures tailored to ignite domestic tourism on June 4, 2024. These measures, meticulously crafted, are purposed to not only facilitate the sustained recovery of the Thai tourism industry but also to stimulate domestic tourism and fortify the domestic economy. The multifaceted approach of these measures encompasses two distinct components as follows.

Corporate Income Tax for Domestic Seminar and Training Events:

Under this tax measure, companies or juristic entities can subtract various costs for seminar rooms, lodging, transportation, and other expenses linked to seminars held within Thailand for their employees, or fees paid to tourism business operators. These eligible expenses, which deduct as taxable expense for corporate income tax, occur between May 1, 2024, and November 30, 2024. Following this measure requires providing electronic full-form tax invoices (e-Tax Invoice).

It is noteworthy that transportation fee disbursed to non-VAT registrants require electronic receipts (e-Receipt).

Tax benefits:

Expenses can be deducted up to twice the actual expenses incurred for seminars held in secondary tourist provinces or other tourist areas as prescribed by the Director-General of the Revenue Department. Alternatively, expenses can be deducted up to 1.5 times the actual expenses for seminars held in other provinces.

Personal Income Tax for Domestic Tourism Expenses:

Individual taxpayers can deduct service fees paid to tourism business operators or service fees for staying in hotels, homestays, or non-hotel accommodation during domestic travel in secondary tourist provinces. These expenses count as an allowance for personal income tax equal to an actual amount but not exceeding 15,000 Baht and apply during the Low Season, from May 1, 2024, to November 30, 2024. To get these deductions, they must provide electronic full-form tax invoices (e-Tax Invoice).

These meticulously crafted tax measures represent a concerted effort by the Thai government to resuscitate the ailing tourism sector, which has borne the brunt of the COVID-19 pandemic. By fostering domestic tourism during the Low Season, these measures not only aim to rejuvenate the tourism industry but also to bolster the domestic economy. As with any legal matter, it is advisable to seek professional advice before taking any actions. For further information or assistance, please feel free to contact us at law@ilct.co.th.

Thai Cabinet Approves Comprehensive Tax Measures to Revitalize Domestic Tourism [please download]