Page 20 - Masala Lite Issue 155 November 2023

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RACHTHEP ‘THEP’ BHATIA,
the Legal & Public Affairs Manager at
Thai Asia Pacific Brewery Co., Ltd.,
makes a case for the importance of the legal
profession, and agility, in business and beyond.

BY AIDEN JEWELLE GONZALES

m an avid consumer of media (a must for someone in the industry) and a
longtime favourite genre of mine is legal dramas such as Suits (2011-2019).
More than the thrill of watching someone argue in court, I’m intrigued by the
concept of someone using their wits and in-depth knowledge of the intricacies
of law to change the legal fabric of the country as we know it. When I sheepishly disclose
this to Rachthep ‘Thep’ Bhatia, the Legal & Public Affairs Manager at Thai Asia Pacific
Brewery Co., Ltd., he chuckles and admits, “I wish my day-to-day life was the same
as Harvey Specter! Unfortunately, it’s not the case. What they don’t portray are the
unglamorous behind-the-scenes activities. There’s a lot of paperwork, meetings, and
negotiations, before you reach a conclusion or settlement. And sure, we still wear the Photo location: Sofitel Bangkok Sukhumvit
suits, but definitely not every day!”

Armed with a lot of knowledge despite his clear youth – he confesses that he’s only stakeholders, spanning various government agencies, to trade associations; making
recently turned 27 – Thep is charming, confident, and clearly passionate about the law. sure the company is operating in an optimumal business climate; and trying to shape
“I’ve always thought that the legal department of any company is like a sword,” he tells the law wherever possible.
me. “You can either use it to attack others, or you can use it to defend yourself. And that’s
one of the responsibilities of the legal department – at times, we’ll need to protect the I imagine that this comes with its share of challenges that you’ve had to overcome
company’s interest be proactive and take measures to protect the company’s interests, over the years, as you have to navigate a balancing act between staying within the
while at times, we just need to defend ourselves from false accusations.” law, and trying to change it as you go along. What are some of the challenges you’ve
had to overcome?

I ask him if he’s always wanted to pursue law, as someone who’s inspirational in his love Being an in-house Legal Counsel of a large corporate, it’s crucial that you are a key
for his career, and he tells me about growing up in a business family, not uncommon business partner for all departments, especially the commercial department. If the
in the Thai-Indian community. “For a lot of my high school life, I always thought that legal department wants to make their own lives easy, they can take the easy route of
I wanted to study business,” he says. “It was only when I started to know more about simply telling people, “no” when you are not sure about something, and passing on the
the legal profession, which was when I was close to finishing high school and before problem to the other person. But understanding the person you’re dealing with and
university, that I decided to give the legal profession a shot.” Is this decision to move having a grasp of the situation at hand is more important, and it all boils down to your
away from the family business one that he’s received pushback from, I ask, and he risk appetite. Being a good Legal Counsel also requires you to come up with creative
laughs. “In fact, they were all supportive of my decision and joked about the benefits solutions so you can support your colleagues and the company.
it’d get them to have a lawyer in the family! Working as an in-house lawyer, it’s key
to have keen business acumen, so I’m lucky that I grew up in a family of businessmen The alcohol industry in Thailand has to circumnavigate a number of legal hurdles,
and businesswomen, as those same skills that I grew up with can be used in the legal especially when it comes to the sale, distribution, and marketing of alcohol. What are
profession across many industries. At the same time, however, I wanted to do something the major legal and regulatory issues facing the beverage industry in Thailand, and
different than the various family businesses, and I’m once again fortunate that my how do you navigate and address them?

family and friends have been nothing but supportive.” Yes, Thailand has stringent alcohol control laws. The Alcoholic Beverage Control

He speaks to Masala further about his career, and the importance of the legal profession Act, BE 2551 lacks clarity, and is quite vague and open-ended. And whenever there
in all aspects of life. are laws which lack clarity, there’s a lot of interpretation which is required, which
means that there is a lot of discretion when it comes to law enforcement. This results
What led you to a legal career, and specifically one in the beverage industry, with in inconsistencies when it comes to enforcing the law.
HEINEKEN?
For example, the law states that one cannot induce people to drink or express the
Law is something that all businesses need, especially the larger corporations. There’s qualities of an alcoholic drink either directly or indirectly. But what does “indirectly”
a lot of emphasis put on the legal department, and that is something which got my mean? It boils down to interpretation, and discretion on how to enforce the law. In my
interest, just knowing the vast scope of work of the legal profession. You always need legal opinion, you need to see the definition of ‘Advertisement’ first. In Thai, khosana
to be on your feet, because when problems do come, they come unannounced. It makes is defined as any act which enables the public to see, hear, or know of any information
the work exciting – as I often say, occasionally the work of the legal department is the for commercial purposes. If a consumer posts a photo on their social media page with
same as firefighters. You extinguish fires left and right! [Laughs] But at times you’ll an alcoholic beverage, it doesn’t fall under ‘commercial’ use, as that person’s page is
also need to be involved in planning the strategy of the company in order to ensure not for commercial purposes. Despite this, there have been occcasional issues when
that all legal risks are mitigated.
people have posted pictures of alcoholic beverages on their social media page. As you
Can you provide an overview of your role at Thai Asia Pacific Brewery Co., Ltd. and could can see, there are a lot of areas that you need to pay close attention to.
you share some of the key challenges and responsibilities that come with overseeing
these crucial aspects of a multinational corporation’s operations? This lack of clarity is something which we want to amend, and it’ll make life a lot easier
for business operators, which includes not just our partners, such as the Thai Alcohol
There are two parts to my role: the legal part, and the public affairs part. The legal Beverage Business Association; but restaurants; bars; hotels; and more. One of the
aspect of my job requires me to oversee all legal issues at the company. This includes key issues is that alcoholic beverages cannot be sold between 2 to 5 pm, and this is
reviewing and drafting contracts, intellectual property management, overseeing litigation something which we are trying to resolve. We’re working with other stakeholders to
disputes, corporate secretarial work, approving intricate details such as labels of new push for this and other laws to be amended. This will help drive the tourism industry
products, and approving all marketing material, because alcohol laws are sensitive in and benefit business operators such as restaurants and hotels, among others.
Thailand. This role requires me to make sure the company is in compliance with the law.
In your opinion, what unique aspects of HEINEKEN’s presence in Thailand set it apart
On the other hand, my public affairs role is more about maintaining relationships with

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