cometadata/datacite-titles-descriptions-related-identifiers huggingface dataset:
DOI: 10.14457/tu.the.2018.763
title: Problems on the prohibition of trademark registrations consisting of foreign country names and/or foreign country abbreviations under Trademark Act B.E. 2534 (1991) amended by Trademark Act (No.2) B.E. 2543 (2000) and Trademark Act (No.3) B.E. 2559 (2016)

description: The name and/or abbreviation of a country has the ability to unify business in a particular country under one banner, allowing trademark owners to benefit from the reputation and heritage of the country. However, under the Trademark Act B.E. 2534 (1991) amended by Trademark Act (No.2) B.E. 2543 (2000) and Trademark Act (No.3) B.E. 2559 (2016), marks consisting of foreign country names and foreign country abbreviations can be either prohibited by law as per Section 8 (6) or can be considered non-distinctive as per Section 7 Paragraph 2 (2), depending on the official’s discretion. Without solid provisions controlling such discretion, officers may select one or both grounds for rejection of an application. This causes inconsistency in registration of marks comprised of foreign country names and/or foreign country abbreviations. In addition, the only route to overcome Section 8 (6) “unless permission is given by the competent officer of the foreign country” is also difficult to comply with in practice as the current law does not define who constitutes a “competent officer of the foreign country”.This Article will aim to find the root of the prohibition grounds for marks consisting of foreign country names and foreign country abbreviations in Thai trademark law and compare Section 8 (6) of Trademark Act B.E. 2534 (1991) amended by Trademark Act (No.2) B.E. 2543 (2000) and Trademark Act (No.3) B.E. 2559 (2016) with Article 6ter of the Paris Convention and the trademark law of other foreign countries such as the United Kingdom, the United States of America and the Republic of Singapore. The study will also include judgments of the Supreme Court, Trademark Board Decisions and Trademark Registrar’s Instructions together with the opinion of an intellectual property lawyer and related authorities to find better alternatives to Section 8 (6).
DOI: 10.14457/tu.the.2018.764
title: Establishment of one-stop service organization for consumer complaint in Thailand

description: The objective of this thesis is to study about problems of the consumer protection processing in Thailand because there are several authorized departments in Thailand that supervised in different area of consumer protection depending on the category of goods and service. In addition, in Thailand, there are no regulations governing the standard of time to processing the remedies. In some case, there is only a minimal damage of loss which the spending of the time shall not be too long as the other case. Another important reason of the weakness concerning enforcement of consumers’ rights is that there is no forum for consumers to voice their concerns, and no one provides consumers with the information and skills necessary to deal with advertising. Many people, particularly rural people, the poor, and the less-educated, the person lacking information and options when choosing products have to rely entirely on advertising. There is a Consumer Protection Board establishing to support consumer whose the right was violated, but the agency has insufficient staff. Therefore, to help reducing that state agency's workload, and to put more effective on consumer remedy process, the author suggest establishing a department which has duties to receive consumer case and send it to the authorized department and also has the duties to follow up the case on behalf of consumer in reasonable time. Moreover, to reduce an amount of the consumer cases which is the petty case, an authority shall institute a new department entitled to settle the consumer case under Office of the Consumer Protection Board. An organization would be the obvious remedy to those limitations.Consequently, if there is a legal action concerning the granting of power to the Consumer Protection Committee to resolve the disputes which is a small claim, the mediation will be performed in the same standard with clear criteria. The organizations will be directly responsible for Consumer Protection in Thailand in the future. Moreover, it is an advantage to both parties which are the consumers and the business operator, because it helps reducing consumers case filing to the court. The consumers will also get the fast and appropriate remedies in line with their own needs.
DOI: 10.14457/tu.the.2018.765
title: Consumer protection for Facebook Live sales

description: E-Commerce, especially online sales are widely popular all around the world until the present. The social network platform has been brought to be a device for sales. As a result, online sales are more widespread in Thailand as nowadays most of Thai people play social network by applications for entertainment. Some of them use their account to sell goods and services for commercial purpose.One of the most favorite social network for Thai people is Facebook. To this, “We are social” the digital agency of the United Kingdom has revealed that Thailand was ranked no.8 in the world of Facebook used in 2018 and Bangkok, the capital of Thailand was ranked no.1 in the world of Facebook used.In 2016, Facebook has launched a live streaming function or called “Facebook Live” this function is very useful when someone wants to share the story, place, emotional, study in the class, etc., in the form of Live show. This function then has been brought to be a channel for sales.In Thailand, Facebook Live sales is so widely used because of this type of sales matched with the lifestyle of Thai people especially the one who lives in the big cities.This makes their lifestyles easier when they go shopping or compete with others who select the same product or etc. The method of selling via Facebook Live is simple. Namely, the seller will turn on the function of live streaming in public which anyone who has Facebook account can join the live show and purchase product during the live sales.The payment is mainly be paid by transferring to the seller via the bank account no. The buyer will transfer to such account. Once the seller received a notice of payment, they will deliver an ordered product the buyer via post or logistics company such as Kerry Express which has received the award of “MARKETEER No.1 Brand Thailand 2018” in the part of delivery/logistic.However, not everyone receiving the goods ordered or the received goods have a defect. Once problems happen, it is very difficult for the buyer to contact a seller for seeking a refund/reimburse as Facebook does not require personal information of the user in the process of registration, House registration No., Identity Card No., etc. Thailand nowadays has a general law aims to protect a consumer namely Consumer Protection Act 2522, Direct Sales and Direct Marketing Act B.E. 2545 (3rd amended, B.E. 2560). The scope of protection is insufficient to protect a consumer from Facebook Live Sales.The author then studies the problems and finds out the method to solve the problems. The results come out that Thai existing consumer law especially Direct Marketing Act B.E. 2545 (3rd amended, B.E. 2560), although it may protect a consumer for online sales some type. However, the scope of protection is not covered to protect a consumer for Facebook Live Sales. Therefore, Direct Marketing Act B.E. 2545 (3rd amended, B.E. 2560) should be amended the soonest as possible.
DOI: 10.14457/tu.the.2018.766
title: The imposition of tax on over-the-top content providers in Thailand

description: Due to the abrupt growth of technology, the digital contents such as sound, image, video and broadcasting are conveyed to the consumer via the internet or other telecommunication networks called the Over-the-Top (OTT) service. Most of OTT service providers are foreign companies which have no taxable presence in Thailand and their incomes are from subscription fees and advertising fees collected from a consumers or advertiser in Thailand. Many foreign OTT service providers have gained a large amount of incomes from Thailand without paying any taxes to Thai tax authorities, since the unacceptable tax planning has been used to erode the taxable presence and shift profits out of Thailand which is a source country. Cross-border tax avoidance and tax evasion on digital services disrupt the public financial systems and world economy. Hence, the Organisation for Economic Co-operation and Development (OECD) has insisted on the Action Plan directing that profit should be taxed in the jurisdiction where the digital services are consumed. Withholding tax, Value Added Tax (VAT) and Diverted Profits Tax (DPT) are the fiscal measures implemented by several countries to cope with such problem. However, under Thai laws, especially the Revenue Code, the current provisions related to income tax and VAT on foreign companies whose services are consumed in Thailand are not efficient and not practicable. This thesis suggests that the relevant provisions on income tax and VAT on foreign entities under the Revenue Code should be amended for enforcing and encouraging large foreign OTT service providers to comply with tax measures in Thailand.
DOI: 10.14457/tu.the.2018.767
title: Toward the walkway and shophouse coexisting solution in design guideline by behavioral analysis of street vendors and pedestrian in Yaowarat District, Bangkok

description: Pedestrian walkway invasion by street vendors is one of the ongoing urban management issues in Bangkok. While often viewed as the enemies of public space, Bangkok's Street vendors are clearly one of the city’s identities and undeniably one of the factors that drive the its economy. In fact, street vendors have been a big major part of Thai economic development since Post-Ayutthaya period (post 1797). It is not until nowadays recently that population people and vehicles in Bangkok forces street vendors and pedestrian to collided, resulting in congestion and unsafe environment. Yet, street vendors still benefit some districts to a certain extent. Yaowarat Road is one, if not the most, well-known commercial district, also known as Chinatown, with street vendors as one of the its critical elements. The unique relationships between shop house frontage, street vendors, street typologies, and pedestrian users of Yaowarat Road had created a unique behavioral dynamic that proves how and why street vendors could be considered one of the urban design tools. Using This thesis article will explore and discuss how informal economic sectors such as street vendors is a needed essential element of the city, like Bangkok as well as how the concept of public and private partnership could be conceptual-sized, analyzed, and act as the catalyst of the city in a way that gives valuable relevant and relevant practical knowledge from an urban design perspective. This work is called for a better understanding of the role of the pedestrian walkway, urban program, building typology about the idea of identity and economical by using the method of behavioral study of both physical and social aspect on the Yaowarat street.The conceptual plan and design guideline for enhancement of the unique element and relationship between Street, Shophouse, Street Vendors and Pedestrian were proposed in relevant to the three prominent elements of Yaowarat. From the analysis of this research, the components of Yaowarat street are fluctuated according to physical, economic and social components distributed in each urban block, contrasting to many believes that it is in a simple linear line of the street form. Therefore, the masterplan of Yaowarat was planned and designed on the authority of specific space and the behavior of user toward each factor in that space rather than comprehensive plan. To control the pedestrian user, the design guideline restrains on spatial system of three elements which are Street, Shophouse, and Street Vendors. It aims to conserve the active activities of the Yaowarat road and also to create better built environment.
DOI: 10.14457/tu.the.2018.768
title: Marketing strategies for the development of elderly living projects in the future: a case study of generation X population

description: Due to the fact that the proportion of the elderly population has considerably increased, the demographic structure of Thailand and many countries thus indicate the society of aging people. In the next decade, people aged 38-53 (born between 1965 - 1980), known as Generation X, will be a dominant group of elderly in Thailand. This research aims to examine the behavioral needs and attitudes of Generation X people toward elderly living projects. A series of 150 questionnaires were distributed to 50 districts in Bangkok. The questionnaires are divided in to 3 parts consisting of personal information, attitudes toward aging society and aging living projects, attitudes toward project development and design. The results from the questionnaires were processed and analyzed through descriptive quantitative statistics. Finally, the findings shows that Generation X people are interested in the elderly living projects in the future and preferred the living projects located in Bangkok suburbs area. A two-bedroom type of high-rise living project, price range at 120,000 per square meter, provided with hospital or wellness services is interesting. Also they want to receive a news from this aging living project from Facebook, television commercial, and newspaper.
DOI: 10.14457/tu.the.2018.770
title: Certain legal aspects of Airbnb in Thailand

description: Airbnb is a concept of sharing economy that developed from the walk-in hotel accommodation to an online platform, where you can book your accommodation anywhere in the world by the link that given and by the people who have a living space for short-term accommodation. In spite of having the advantage upon the business under Airbnb, the hotel act in Thailand cannot be applied to Airbnb accommodations as it is considered as an illegal business. However, in most of the countries, Airbnb is legal and have strict rules for the tourists to rent out someone’s house. Example, the guests or the tourist needs to pay taxes according to the city laws, or they can only rent for 30 days above. These factors have led to a number of increasing incomes for those who have empty living spaces for rent. The matter of facts could be solved by considering to legalize or recognized Airbnb in Thailand by set the simple rules and regulations to protect our citizen and the government. Therefore, this thesis will explore the issues in the followings:1.The study found that Airbnb is illegal in Thailand, which can cost a lot of losing towards the tourism of the country. Because Thailand is one of the tourist destinations. 2.The protection and the guest rights on Airbnb in Thailand are not protected unlike in Japan, the United States of America and the United Kingdom. It is because, in Thailand, we cannot protect the Airbnb owner or the guest under the hotel act or condominium act. 3.There’re no specific laws regarding Airbnb which is not a hotel business but people make income out of that space illegally. However, there’s tax law, immigration act, condominium act, town planning act and Civil Procedure which is under consideration of this thesis as a minor study to show that these laws also need to be amended. As a result, there’s only illegal accommodation under Airbnb and people are not protected in our country. Thailand should take an action by not only promoting the tourism of the country but also providing good accommodation for the guests of our country also by amend these minor laws and concentrate on the country’s economy first.
DOI: 10.5281/zenodo.3516643
title: LIPID17 POPC-POPG 80:20 MD simulation, Na+ counterions, 298K

description: The last 350ns from a 400ns MD simulation trajectory with Amber lipid 17 force field. POPC-POPG 80:20 (350 POPC, 88 POPG) with Na+ counterions. The starting structure and lipid 17 parameters from here: https://zenodo.org/record/2585523#.Xbf0FC17FBx. The starting structure was generated by removing the appropriate number of POPG lipids to get 80:20 ratio. Dihedral types are corrected to type 9 as discussed here: https://github.com/NMRLipids/NMRlipidsIVPEandPG/issues/12
DOI: 10.5281/zenodo.3516644
title: LIPID17 POPC-POPG 80:20 MD simulation, Na+ counterions, 298K

description: The last 150ns from a 200ns MD simulation trajectory with Amber lipid 17 force field. POPC-POPG 80:20 (350 POPC, 88 POPG) with Na+ counterions. The starting structure and lipid 17 parameters from here: https://zenodo.org/record/2585523#.Xbf0FC17FBx The starting structure was generated by removing appropriate number of POPG lipids to get 80:20 ratio. NOTE: This version has incorrect dihedral types 1 as discussed here: https://github.com/NMRLipids/NMRlipidsIVPEandPG/issues/12. DATA WITH CORRECTED DIHEDRALS IS IN VERSION 2: dx.doi.org/10.5281/zenodo.3693681
DOI: 10.5281/zenodo.3516912
title: LIPID17 POPC-POPG 80:20 MD simulation, Na+ counterions and 100mM CaCl2, 298K

description: The last 250ns of a 400ns MD simulation trajectory with Amber lipid 17 force field. POPC-POPG 80:20, (350 POPC, 88 POPG), with Na+ counterions and 100mM CaCl2. The starting structure and lipid 17 parameters from here: https://zenodo.org/record/2585523#.Xbf0FC17FBx The starting structure was generated by removing appropriate number of POPG lipids to get 80:20 ratio. Dihedral types are corrected to type 9 as discussed here: https://github.com/NMRLipids/NMRlipidsIVPEandPG/issues/12.
DOI: 10.5281/zenodo.3516913
title: LIPID17 POPC-POPG 80:20 MD simulation, Na+ counterions and 100mM CaCl2, 298K

description: The last 150ns of a 200ns MD simulation trajectory with Amber lipid 17 force field. POPC-POPG 80:20, (350 POPC, 88 POPG), with Na+ counterions and 100mM CaCl2. The starting structure and lipid 17 parameters from here: https://zenodo.org/record/2585523#.Xbf0FC17FBx The starting structure was generated by removing appropriate number of POPG lipids to get 80:20 ratio.
DOI: 10.14457/tu.the.2018.771
title: The imposition of tax on cryptocurrencies

description: In Thailand, the growth of cryptocurrencies has been increasing annually. Tax is one of the issues which are concerned by government since users always receive some benefit from holding, using and transferring cryptocurrencies.To impose personal income tax on cryptocurrencies, the Emergency Decree amending the Revenue Code (No.19) B.E. 2561 was promulgated. This Decree adds (h) and (i) to Section 40 (4), thus taxpayers who acquire any gains derived from transferring cryptocurrencies shall have tax responsibilities. However, there are still some problems which are obstacle for imposition of income tax on cryptocurrencies. As Section 40 (4) (i) only focus on imposing tax from cryptocurrency transferring as investment, Thai government provides only one result which is not proper to other gains which derived from other objective. Moreover, the substance of this Decree is only briefly described. It lacks necessary information such as how to value cryptocurrencies in Thai baht, how to find basis for calculating gain or loss, mining problem, and which information should be kept. It is difficult for taxpayers to comply with the law without the explanation. Furthermore, the existent of peer-to-peer market which is a major problem for tax authorities to trace and investigate the transactions. Therefore, to collect revenue from cryptocurrency transactions effectively, Section 40 (4) (i) should be amended. It is inappropriate to cover every cryptocurrency transaction because different types of income result in different tax deduction rates which can alter the amount of taxable income. Having suitable measure creates effective tax system; taxpayers do not have prejudice against tax payment. In addition, Thai Revenue Department shall release a tax notice, or guidance to explain the detail of imposing cryptocurrencies such as to address the fair market value in Thai baht to cryptocurrency valuation, to identify which approved reputable cryptocurrency exchanges that taxpayers could apply the exchange rate, to prepare a clear explanation for mining activity, and to describe which information is necessary to be recorded, and Thai Revenue Department shall also find measures to support trading cryptocurrency in tax system.
DOI: 10.14457/tu.the.2018.772
title: Securitization of intellectual property assets in Thailand

description: “I’m convinced that the management of intellectual property is how value added is going to be created at Xerox. And not just here, either. Increasingly, companies that are good at managing intellectual property will win. The ones that aren’t will lose.” These were the sentences of Richard Thomson, who discovered new value in intellectual property. Businesspeople still believe that intellectual property securitization is a great way to raise fund.This thesis discusses the securitization of intellectual property and focuses on three main types of intellectual property namely copyright, trademark and patent, as well as, examines how the securitization of intellectual property rights has developed in the U.S. and Japan. Historically, it was generally perceived that intellectual property could be used for securitization. However, the evolution of securitization in Thailand is in a slow phase. This paper also concerns about the use of intellectual property rights as an asset-backed for securitization, due to its limited precedents and a lack of statutory supporting intellectual property securitization.Even though the number of intellectual property securitization is currently on the low side thanks to its structure of securitization is much more complex comparing to the securitization of traditional receivable, its potential is enormous and intellectual property securitized is a lucrative way for many companies. As securitization is a financial mechanism preferred in business and a financial market, a government should promote its usage and emphasizes the significance of intellectual property rights. Enactment of statutory provisions, both main regulation and related regulations should be on an awareness of the possible barrier toward securitization of the intellectual property, and the thesis provides an overview, illustrates the strengths and weak points of intellectual property securitization in Thailand in order to furnish a different perspective to develop Thailand's ongoing securitization and suggest some solutions of the same matter.