Robert Krupica's unique Legal Juris Doctorate, U.S and Asia legal practice, combined with his Bioscience academics will allow a tailored and aligned service to flow from Hughes Krupica to market participants involved in Biotech Ventures.
Based on feedback we have received, internationally-minded clients are increasingly considering relocating or expanding their tech businesses to additional geographic locations around the globe. Many are even considering starting new tech ventures in completely new locations, seeking new opportunism for growth and opportunity.
Services for High-Tech and Biotech Businesses
STEM Industry Initiative
Thailand has emerged as a potential candidate location for consideration by STEM industries in recent years with initiatives put in place by the government to increase investment attractiveness to international investors, businesses and entrepreneurs. For example, Thailand’s Board of Investment introduced the “Thailand Plus” Programme in January 2019 with the exclusive purpose of attracting substantial foreign and domestic investment in high-tech industries and promoting development of skilled human resources. Incentives include discounts on income taxes of up to 50% for period of 5 years from commencement for large project businesses that seek approval by the end of 2020. It is expected that further Board of Investment driven promotions for STEM industries will be introduced in coming years following the Board of Investment’s mandate to further the goal of increased competitiveness and development of the country.
Interested businesses and investors will require balanced guidance in respect of navigating the special requirements of local regulatory agencies like the Board of Investment, whilst at the same time maintaining experienced local counsel in relation to general legal matters, including setting up a new entities and structuring ventures; contract drafting under local law; and advising in relation to liabilities and other legal considerations.
STEM Law Expertise
Hughes Krupica has experience in a range of STEM industry legal requirements including:
- Intellectual Property Law
- Corporate Law and Joint-Venture Structuring
- Contract Law
We also assist client with a range of dispute resolution issues affecting Biotech and High-Tech businesses, including rights enforcement and prosecution, employing experts in international arbitration and local-based court litigation.
Intellectual Property Law
International IP Protection
In 2017, Thailand formally acceded to the Madrid Protocol, thereby expanding intellectual property protection in Thailand for marks and simultaneously signaling to the international community a commitment to increased protection for Intellectual property Rights, notwithstanding that marks were previously protected under various Thai laws. Additionally, there are existing laws protecting copyright and patents for businesses and investors. The Department of Intellectual Property is responsible for reviewing submissions for protection under these laws. The basic intellectual property regulatory framework is therefore in place to protect new businesses which are considering introducing new technologies to the market or that are looking to expand their existing operations.
That being said, new tech businesses will inevitably need local advising in relation to property and licensing rights under Thai law in relation to their inventions and processes. Questions such as “Does Thai law protect my foreign registered patent or do I need to register in Thailand as well?” need to be assessed at the outset and require cooperation between the investor entrepreneur and local legal counsel.
Corporate and Joint-Venture Structuring
Any foreign client or business considering Thailand as a jurisdiction for launching or expanding their Biotech or High-Tech business should closely consider the corporate law and foreign shareholding limitations under the Foreign Business Act of Thailand for such businesses, which may be adjusted depending on whether such business can seek licensing or approvals through Thailand’s Board of Investment as an exemption to restrictions under the Foreign Business Act of Thailand. We assist client in ascertaining whether their Biotech or High-Tech businesses fall within any Board of Investment promotion as an exception to the Foreign Business Act of Thailand, and advise in respect of structuring where the normal 51-49 foreign-domestic quota requirements under the Foreign Business Act are necessary.
Biotech Contract Law
Any joint-venture in any industry including Biotech and High-Tech must inevitably receive requisite local contract advising. Partnership, licensing, confidentiality, exclusivity and material transfer agreements in Thailand are as necessary, and can be as enforceable, as they are in any other jurisdictions. We work closely with our tech clients to understand the key issues within their businesses prior to drafting up the necessary agreements, and then adapt international standards to local Thai law based contracts.
Recently, we have advised local branches of payment processing tech companies, which have exploded in growth in SE Asia in recent years, in respect of their licensing and commercial arrangements with customers and third party service providers.
As Thailand makes a continued effort in modernizing its regulatory structures and systems, Biotech and High-Tech businesses, investors and entrepreneurs are well-advised to keep abreast with local changes and updates. Accordingly, we can assist clients with understanding the extent and role of licensing requirements in Thailand, preparing them to operate legally under an evolving legal system dedicated to modernizing its regulation to attract investors and businesses in Biotech and High-Tech industries.
Close Relationship of Trust
We often hear from our clients that practically, regulation and licensing in Thailand feels very different from other jurisdictions. Therefore, it is key for us as legal advisors to develop a close relationship of trust with our clients so that clients, who are often unfamiliar with Thai licensing procedures, become better accustomed and understanding of local regulatory issues and hurdles under our guidance.
Biotech Ventures Resources
Why Hughes Krupica?
The team at Hughes Krupica is well-versed with the particular set of requirements of businesses, investors and entrepreneurs in the Biotech, High-Tech and other science and technology innovative industries. It is no secret that the industry requires competent legal advisors in the locations they seek to operate as the ultimate commercial successes of Biotech and other technology and innovation-driven businesses critically depend on rights being safeguarded by the jurisdiction’s laws and regulatory systems. In today’s increasing technology globalized and interdependent world, advisors with a robust set of skills are necessary to understand the unique requirements of modern clients.
Partner, Robert Krupica, heads up the team with respect to advising entrepreneurs, inventors, start-ups, local partners and other industry actors in respect of their legal requirements in Thailand, bringing a hands-on multi-jurisdictional approach to advising client. Robert obtained a bachelor’s degree from the University of California, Irvine in International Studies; a juris doctorate in law degree at Santa Clara University in Silicon Valley San Jose, California; and is currently working towards a second baccalaureate in Biochemistry from Arizona State University, which is expected to be completed by mid-2021.
Biotech Ventures Specialists
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