Answers - Legal

Thailand is becoming an ever more popular retirement and choice of country to live with it

According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product

s low costs and beautiful scenery not forgetting of course the world famous friendliness o

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

the Thais themselves. But finding out about the laws governing property ownership here ca

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

be confusing. Here are the bare bones of Thai property Law

• A foreigner can own a condo

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

iniums long as less than 40% of the condos or apartments in the building are owned by fore

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

igners. Many people believe it to be 49% although this regulation was an addition to the e

ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc

isting law and was only meant to be in place for one year and has since expired.

• A comp

easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi

ny can own property such as land and a house (and hence the foreigner can buy land and a h

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

use via their Thai registered company) as long as no one foreigner owns more that 39% of t

and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ

he company (recently amended from 33%) and total foreign ownership of the company does not

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

exceed 49%.Still ambiguous and under review.

• The Thai wife of a foreigner can own prope

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

ty (a recently changed legal status due to gender equality in the new 1997 constitution re

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

ision), in her name only. This is fine as long as you don't have marital problems. (The sa

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

me, of course, goes for a Thai husband, but the law was changed recently for Thai wives du

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

to the new constitution guaranteeing equal rights.)

• A foreigner can lease land for 30

t?

As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel

ears, with an option for another 30 years, the first 30 years are guaranteed they are regi

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

tered with the Land Department, however the second can be contested.

• If you gain BOI ap

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

proval you may as a company is able to buy up to one rai of land. Although this is meant f

.

As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de

r very large investors.

At the end of the day if you are seriously looking to invest in T

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

ailand you should consult a good lawyer who will be familiar with the latest property laws

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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Answers - Property Law in Thailand

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