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Intellectual Property is the heart of any business and protecting it in Thailand requires a strong understanding of local IP laws. By working with an experienced IP law firm, businesses can mitigate infringement risks and maximize commercial potential.
IP rights include patent inventions, product designs, trademarks, service marks, collective marks, and copyrights. It is important for employers to stay updated on local regulations and global trends that may impact their operations.
Trademarks protect intangible creations of the human intellect such as inventions, designs, and literary and artistic works from unauthorized use or imitation. These intellectual property rights are enforced by the Department of Intellectual Property and governed by Thai laws. The most crucial IP rights for businesses to establish and protect in Thailand are trademarks, which distinguish a company’s goods or services from those of its competitors.
The process of registering a trademark in Thailand is straightforward, but companies need to act quickly in order not to miss the deadlines. Thailand uses the “first to file” method rather than the more common first-to-use principle for registration, meaning that the mark that is applied for and registered first will be granted protection regardless of whether it was used first or not.
In addition, the application must be unique and not be the same as or similar to a mark that has been registered in Thailand. Further, it must not be descriptive of the goods or services (for example, a generic word may not be used for a trademark).
Lastly, it must be well-known, which requires evidence of public recognition in the country of origin and in Thailand. While the requirement for establishing a well-known trademark has always been high, recent developments in the digital environment have introduced new challenges to proving this element of the law.
The Department of Intellectual Property (DIP) oversees and administers Thailand’s patent system. The law protects intangible creations of the intellect – inventions, designs and literary and artistic works – conferring on legal and natural persons the right to enjoy their creations exclusively and preventing their unlicensed use by others.
Patents are granted to inventors who can demonstrate that their invention is new and has industrial application. Patents can be obtained for a product or process, with the latter protected under a “patent for a manufacture”. The patentee is granted the exclusive right to produce the invention, sell, have in possession for sale or offer for sale the product made from the patented process and import the patented product into Thailand.
In a patent infringement action, the claimant can request damages and/or compensation from any third party that has infringed the patented patent by making, using or selling the patented product without a license. However, the infringement must be proved with specific evidence such as documents, physical and expert witness reports.
Patents can be transferred by written agreement between the patentee and a third party, but such an agreement must comply with the provisions of the IP Act. Furthermore, copyrighted works can be registered with the DIP to prove ownership. A copyright owner can also grant a licence to other parties, but any conditions cannot restrict competition or undermine the moral integrity of the work.
Copyrights protect the physical manifestations of original works. The idea itself does not get protection; only the expression of it is protected by copyright. Works must have some tangible form to receive copyright protection in Thailand. Copyrights also provide moral rights to authors that safeguard the author’s reputation and honor.
In recent years, the Thailand legislature has amended copyright law to keep pace with today’s rapid technological change and increase the length of protection. For instance, the new law increased copyright duration for photographic works and provided more robust protection against online infringement. Additionally, the new law addressed digital security by strengthening IP enforcement options and providing remedies to rights owners for unauthorized use of their works.
The Thai Department of Intellectual Property (DIP) administers the nation’s patent, trademark, and copyright systems under the Ministry of Commerce. Tilleke & Gibbins intellectual property attorneys in Bangkok recently contributed to a Q&A article on Thailand’s intellectual property laws for Practical Law, a Thomson Reuters publication that offers legal practitioners comprehensive guidance on trademarks, utility models (or “petty patents” in Thailand), copyright, and registered and unregistered designs worldwide.
The article describes how the nation’s copyright and patent laws are enforceable, the procedures for applying for a trademark, and the processes and penalties for intellectual property violations. It also discusses the importance of developing a strong culture of compliance to protect and enforce your IP rights.
A geographical indication is a mark that indicates a product’s specific origin. Similarly to trademarks, GIs can be registered for both products and services. However, the protection provided by a GI is more extensive than that of a trademark.
GIs are a crucial tool for promoting, safeguarding, and adding value to local products. They can boost regional economic growth and reinforce the credibility of a country’s reputation abroad. The GI Act provides for rigorous criteria and strict enforcement of its provisions. Its stringent requirements underscore Thailand’s commitment to maintaining integrity, protecting intellectual property, and reinforcing the credibility of GIs on a global scale.
The Department of Intellectual Property (DIP) has pushed and encouraged for the registration of more GIs in recent years. This is in line with the government’s campaign “One Province, One GI”. Currently, DIP has registered 14 GIs, including Nont durians from Phetchabun, Chaiya salted eggs from southwestern Thailand, and Hom Mali Thung Kula Ronghai rice from Xieng Khouang and Houaphan provinces.
To qualify for a GI registration, a product must meet the following criteria: It must be associated with a geographical area that has a reputation for a certain quality, method, or other characteristics that distinguish it from similar products produced elsewhere. It must also be distinctive enough that consumers can identify the product by its name alone. It should not be a generic name used to refer to a specific product, nor should it conflict with public order and morality.
