In Thailand, intellectual property law provides protection for inventions, trademarks, and copyrighted works. Patents protect new, undisclosed inventions while trademarks distinguish products and services from competitors.
Legal rights in intellectual property allow businesses to monetize IP assets as a form of financing. But navigating these laws requires expertise and a trusted partner.
Patents
Thailand has a long history of innovation and was one of the first countries in Asia to adopt a national patent law. Its accession to the Paris Convention and the PCT in 2009 facilitated foreign filings and increased investment in research and development.
Patent protection encourages technological innovation by giving inventors legal rights to exploit their inventions. Patent holders have the right to prevent others from manufacturing, using, selling or importing their products without permission. This protects against counterfeiting and unfair competition. Furthermore, it gives inventors an incentive to share their technical information with the public.
In order to obtain a patent, an applicant must satisfy the following requirements: (i) Novelty – that is, the invention must be new and not previously patented or published; (ii) Inventive step – that is, the invention must involve a significant technical contribution; and (iii) Industrial application – that is, it must have practical utility and hold value for different sectors of industry in Thailand. Inventions that are harmful to health, moral values or public order are not eligible for patent protection.
Patent applications must be filed at the Department of Intellectual Property, and are examined based on their technical merits. Applicants must provide a patent statement, detailed specifications of the invention, a notarized power of attorney (if applying through a Bright IP representative) and a payment receipt for the application filing fee. In addition, the Department of Intellectual Property will conduct a patent search to ensure that the invention is not already protected.
Trademarks
Intellectual property rights are laws that protect the work of creators, enabling them to control their creations and benefit from them. These rights are essential for fostering innovation, creativity, and economic growth. Thailand’s patent system ensures the legal protection of inventions by granting exclusive rights to their owners.
To register a trademark, the proprietor must submit a detailed application with a clear representation of the mark, a list of goods and services to be covered by the registration, and proof of use of the mark in commerce. The mark must be distinctive to qualify for trademark protection. Distinctiveness is based on whether the mark is distinctive enough to distinguish the goods or service with which it is used from those of other traders and must be capable of forming a mental association in the mind of consumers.
The registration lasts for a period of 10 years and can be renewed. The trademark owner must pay substantial official fees when submitting a renewal application. The Registrar may refuse or cancel a trademark registration if it is likely to cause confusion with other registered marks or offend public morality or public order. An interested party can file an opposition to a trademark registration within ninety days of publication of the mark.
In addition to trademarks, copyright protection is also available in Thailand. The Act of Copyright 1994 recognizes authors’ exclusive rights in literary, dramatic, artistic, and audio-visual works. In addition, it provides authors with the right to license their works. Copyrights can be protected for a maximum of 70 years.
Geographical Indications
GIs are signs used on products that have a specific geographical origin and whose quality or reputation is essentially attributable to its geographical origin. They are often applied to agricultural products, food, beverages, handicrafts, and wines. Globally, GIs are safeguarded by the World Trade Organization’s (WTO) Agreement on the Protection of Geographical Indications of Origin.
Thailand has been implementing its GI laws since 2004, with 171 GIs registered by the Department of Intellectual Property so far, including 18 from abroad and 156 for Thai products. It has also been successfully promoting its GIs overseas, such as in the European Union, India, Cambodia, and Vietnam, which is important for creating potential market opportunities and expanding exports.
To qualify for registration, a product must meet the following criteria:
The product must have a distinctive character linked to its geographical origin. It must also have an established reputation. The product must have a production process that is consistent with a certain standard, and it must be accompanied by a written description or indication of its geographical origin. The product must have an official representative authorised by the Ministry of Industry, and it must be approved by the Director-General.
The law prohibits the use of a GI mark that is unauthorised or misleading. Any person that uses a misleading GI mark is liable to be punished under the Criminal Code 1956, which carries a penalty of three years imprisonment or a fine of 60,000 Thai Baht or both.
Copyrights
Those who create original works are protected by copyright, which gives them sole ownership rights over the creations. This right protects the creator against theft or imitation, as well as guarantees commercial exploitation of their work for the benefit of the author or his/her heirs. Copyrights cover everything from graphics to music, software, and art.
Copyrights in Thailand are governed by the Copyright Act B.E. 2537 (1994). The Act is amended periodically to keep up with rapid technological developments and corresponding intellectual property protection standards.
The act covers literary works, artistic works, computer programs, dramatic works, musical works, cinematographic works, and sound recordings. However, the Act does not cover processes, systems, organization or instructions for use. It also does not cover trade secrets, facts and information, or judicial decisions.
Infringement of intellectual property rights in Thailand is a serious issue that often results in expensive litigation. For that reason, it is recommended that IP owners, especially those with registered trademarks or trade names, take measures to protect their rights in Thailand. One way to do this is by registering the trade mark in Thailand and establishing watch monitoring services. In this way, IP rights owners can monitor new trade mark applications filed by third parties and prevent them from stealing their trade marks in Thailand.
The government is working to improve the enforcement of intellectual property rights in Thailand by collaborating with local law enforcement agencies. These include the Department of Special Investigation, the Royal Thai Police, and the Economic Crime Suppression Division. They carry out thousands of raids, seizing and destroying millions of dollars worth of counterfeit and pirated goods each year.