Intellectual Property Thailand is a crucial asset for businesses operating in Thailand. Understanding the complexities of this area is vital for mitigating infringement risks and capitalizing on investment opportunities.
The Department of Intellectual Property (DIP) oversees Thailand’s IP system. The country offers patent protection for inventions and designs, as well as trade mark registrations.
Trademarks
Intellectual property is a valuable asset that allows businesses to differentiate their products from those of competitors and profit from their efforts. This is why it’s important to protect your IP rights by registering your business name and mark, as well as taking legal action against any imitations or infringements by external parties.
Trademarks are a type of IP that distinguishes products and services from those of other businesses, allowing consumers to easily identify a company’s brand. They are protected by law and can only be used by the registered owner or their licensees.
To qualify for registration in Thailand, trademarks must be distinctive and must not violate public order or morality. In addition, marks that are identical or similar to already-registered trademarks or well-known marks may not be registered.
In addition, trademark applications must be filed in one of 45 classes that correspond to the goods and services being offered. It is important to select a class that is as specific as possible to ensure that the application will be granted.
Once a trademark is registered in Thailand, it will remain valid for ten years and can be renewed at the end of this period. However, substantial official fees must be paid in order to successfully register and renew a trademark.
Copyrights
Copyrights allow the creator of original works of art ownership rights. These works may include written material, audiovisual works such as films or television programs, computer software, sculptures, paintings, and applied arts. Copyrights last for the life of the author plus 50 years. They also are protected by moral rights, which give artists and writers a legal basis for their claims of ownership.
As a member of the World Trade Organization and International Intellectual Property Organization, Thailand generally complies with international standards set by these organizations. In addition, the country is a signatory of the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
To secure a copyright in Thailand, it is essential to follow the proper procedures through the Department of Intellectual Property. This involves submitting a formal application and providing detailed information about the work, including the title, type of work, and the author’s name or names. A physical or digital copy of the work and proof of identity are required along with a registration fee.
Copyright owners should also consider seeking a formal deposit of their work at the Department of Intellectual Property. This will provide a clear proof of ownership that can be used to pursue enforcement actions in the event of infringements.
Patents
Patents protect new and undisclosed inventions, typically new products or processes. Like copyrights, patents can be registered with the Department of Intellectual Property and have a validity period of 20 years, with the possibility of renewal.
In Thailand, the person filing a patent application must be the true inventor of the claimed invention (Section 10 of the Patent Act). A patent can be invalidated if the person filing the application does not meet this requirement or if the claimed invention has already been disclosed to the public prior to filing (known as “prior art”).
The patent system in Thailand operates on the principle of “absolute novelty,” meaning that only inventions that are new and unobvious in the relevant field of technology can receive protection under the law. Patent examiners conduct novelty searches not only in the domestic market, but also internationally through a number of patent databases and national offices.
There are various remedies for patent infringement in Thailand, including civil and criminal actions. The Patent Act provides that a person that infringes a patent may be ordered to cease the activity, pay damages and give the patent owner credit for his or her work. A preliminary injunction can be granted if the patent holder shows clear evidence of infringing activity. Permanent injunctions can be awarded if the court deems it necessary.
Geographical Indications
A forthcoming bill in Thailand aims to reshape the country’s laws on geographic indications, or GIs. These are products whose quality, reputation or other characteristic is essentially attributable to their geographical origin. Currently, the process for registering GIs in the country is complicated and oftentimes leads to conflicts of interest.
Intellectual property rights include patents, trademarks, copyrights and trade secrets, conferring on legal and natural persons the right to enjoy their creations exclusively and preventing unlicensed use by others. In Thailand, the Department of Intellectual Property (DIP) oversees patents, trademarks and copyrights.
The DIP has also taken steps to prevent counterfeiting and piracy. In 2018, it introduced novel law that has led to a drastic reduction in counterfeiting of goods. Despite this, infringement, piracy and fake food and pharmaceuticals continue to be significant issues in the country.
Among other things, the new law allows for faster registration of GIs and requires that applicants submit a detailed description of the product to be registered. In addition, it has set forth rules that prohibit the use of a GI in conjunction with other words or signs and requires producers to establish and maintain production standards to ensure that the product’s quality remains unchanged. These requirements are consistent with international conventions such as the Paris Convention for the Protection of Indications of Source on Goods in 1883 and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration in 1958.