Transcript of the above video: 

As the title of this video suggests, we're discussing, well we're discussing cease-and-desist letters here in Thailand. What are we talking about? Well, a lot of times when you have conflicts with other individuals, for example trademark problems, copyright problems, you may have an issue with an outstanding debt, you may have an issue with ongoing business operations; one of the parties doesn't feel like a contract to that business is being fulfilled correctly.

Cease-and-desist letters are if you will, and I don't like making analogies between the law and like battle or something but I will here because it's a pretty good analogy. The cease-and-desist letter is akin opening salvo of a battle if you will, and again I don't like putting these things in an adversarial context. The American system utilizes an adversarial system to come to the truth. It basically comes from Magna Carta; it comes from the old Common Law. The thinking is sort of "the truth will out in a trial", where there are adversaries and basically, they both fight over their version of the truth. The truth will sort of out. Thailand uses an inquisitorial system not an adversarial one, and at the end of the day, the overall legal system seems to be driven by a sort of paradigmatic desire to decrease conflict; that is its overall function. It doesn't always do that, but that seems to be the raison d'être if you will for the existence of the Courts as they are here in Thailand. 

The point I'm trying to make and circling this back is, cease-and-desist letters or something to that effect, a letter from an attorney that says, "hey you're doing this, stop doing it, you're violating so-and-so's rights, whatever. Stop doing it by X date or there will be legal consequences, signed blah, blah, blah”. That's basically the gist of what cease-and-desist letters are. Now they could be more complex depending on the fact pattern, but basically what they are saying is, stop doing what you are doing or there could be further consequences, is basically the point of a cease-and-desist letter. 

Most folks when they get one, it's been my experience, tend to try to work something out, not always, but tend to. That being said, this is sort of the first thing you do when sort of wading into a possible ongoing litigation, or when wading into something that may work itself out in an amicable manner. That may also be an avenue that cease-and-desist letter starts with and ends with; it concludes amicably. It doesn't always mean it's going to be a knockdown, drag out fight. Again the underlying facts in a given case are going to drive the analysis regarding whether a cease-and-desist letter is even warranted in a given situation. 

That being said, those who feel like they are in a situation where they need conflict resolution, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.