IP law and enforcement in Thailand is rapidly evolving. Staying on top of changes is essential to ensuring your company’s IP agreements and practices comply with the latest regulations.
Intellectual Property in Thailand include patent inventions, petty patents, trademarks, service marks, collective marks and copyrights. Businesses planning to operate in Thailand should consider registering their IP.
Trademarks
Trademarks protect words, symbols, names, designs or colors used to distinguish goods and services. Owners can register trademarks with the Department of Intellectual Property (DIP) and can pursue legal action against unauthorized use.
The law of Thailand follows the “first-to-file” system, meaning that a company or individual who files for protection first will receive exclusive rights to the mark in Thailand. As a result, it is important to work with an IP firm with local expertise when applying for a trademark.
To obtain a registered trademark, the applicant must submit a detailed description of the mark and a sample of it. The application must also include a statement of how the mark is used and a proof of its distinctiveness. The DIP will publish the application in the Trademark Gazette for 90 days. If there are no objections, the trademark will be granted after payment of registration fees.
Patents in Thailand provide a protection span of 10 years for unique product designs. They can be obtained by conducting a patent search and submitting detailed specifications of the invention to the DIP. The DIP will then review the application and publish it for public opposition if necessary.
Copyrights in Thailand protect literary, dramatic, artistic and audio-visual works. The holder of the copyright can authorize others to make specific uses of his work or prohibit certain uses through a license agreement.
Patents
The Department of Intellectual Property (DIP) oversees patents in Thailand, which protect intangible creations of the human mind and intellect from unauthorized use or imitation. Patents cover inventions, designs and other intellectual works, including processes (eg, methods to manufacture a product). They also protect unique products such as pharmaceuticals, cosmetics, machines and tools.
The patentability of an invention is determined by whether it is novel, non-obvious and has industrial application. In addition, it must have been made by an actual inventor and be the work of an inventive step. The DIP imposes a number of requirements for filing, including the requirement that applications be filed in Thai or have a translation into Thai approved by the DIP. In recent years, the DIP has made a significant effort to recruit more patent examiners to alleviate a backlog of applications.
The patent owner is granted exclusive rights to produce, use, sell, offer for sale or import into Thailand a patented invention. The rights may also be transferred under an agreement. Infringement of a patent is illegal and punishable by fines, injunctions, damages and confiscation. In general, patent infringement in Thailand only applies to a product made within the country, but some extra-territorial jurisdiction may be available for certain types of cases.
Copyrights
Intellectual property rights are an important asset for businesses and must be safeguarded against infringements. Having the right attorney on your side can help you navigate the complex process of securing Thailand copyright and trademark protections. Tilleke & Gibbins’ Bangkok intellectual property lawyers have contributed an overview of patents, trademarks, copyright and designs for Practical Law, the global legal resource from Thomson Reuters.
Copyrights protect original physical expressions of ideas, including literary works, audiovisual and software work, sculptures, pictures and architecture. They also provide authors with moral rights and a legal right to control how their work is used.
In Thailand, the duration of copyright protection is generally 50 years from the date of creation or publication of the work. However, it is possible to obtain extended protection by filing a national application or within 12 months from the date of a priority application in another country that is party to the Berne Convention.
Although registering copyrights is not required in Thailand, doing so can be useful for evidence purposes when taking action against an infringer. Additionally, registering a copyright can prevent other parties from using the same work without authorization. However, allowing for some commercial uses that do not cause financial harm to the author should be considered as well. This can be done by introducing the concept of transformative use into Thai law to encourage creativity and individuality.
Geographical Indications
Geographical Indications (GI) are a type of intellectual property that protects the reputation and qualities associated with products from a particular geographical origin. GIs can be protected through various means, including registration, administrative certification procedures, unfair competition regulations and trade mark laws.
GIs have received increased attention worldwide, due to their uniqueness and quality. The GI system provides incentives to local producers in order to promote the image of local products, while at the same time protecting consumers from products that may be misleading or deceptive.
Thailand has a GI law that was passed in 2003. There are 171 GIs registered so far, representing all of the country’s 77 provinces, and the government has set a goal to register at least one GI per provincial region. Examples of Thai GIs include Nont durian, Phetchabun sweet tamarind, Doi Tung coffee, Chaiya salted eggs, Koh Kret pottery and Khao Yai wine.
There are a few conditions that must be met in order to obtain a GI. For example, the applicant must have a history of using the product and be able to prove its link with the geographical origin. Moreover, the use of a GI must not confuse consumers and must be consistent with the law. In addition, the registrant must have a production process and quality control system that meets requirements.
