Navigating the intricate facets of Intellectual Property requires a deep understanding of regional laws and protocols. It also requires a trusted partner to steer you through potential pitfalls and complexities.
Intellectual Property rights are legal protections for inventions; product designs; and copyrighted works. A robust IP strategy can strengthen foreign direct investments against prospective infringements.
Patents
As a member of the World Trade Organization, Thailand generally complies with international intellectual property standards. Nevertheless, IP laws are subject to change and employers should review their IP agreements and practices regularly.
Generally, the inventor of an invention owns the patent (Section 13 of the Patent Act). However, an employee or a person working for a government organisation or enterprise has the right to file an application if the invention was made in the course of employment.
In general, a patent owner may bring infringement actions before the Central Intellectual Property and International Trade Court. However, non-exclusive licensees are unable to bring such action unless the licence expressly permits such action. Infringement actions are generally based on evidence such as search reports, physical samples and charts.
Trademarks
The Department of Intellectual Property and the country’s courts enforce intellectual property laws. Employers need to keep abreast of developments so that their IP agreements and practices comply with Thai law.
Patent, copyright and trademark laws are pillars of Thailand’s legal framework for safeguarding IP rights. As a member of WIPO and the International Trademark Association, the country generally adheres to international IP standards.
A distinguishing feature of Thai IP law is its emphasis on geographical indications (GI). GIs are trademarks that encapsulate a product’s quality, reputation, or characteristic as being attributable to a specific region.
Copyrights
Copyrights safeguard the physical manifestations of creative ideas and provide creators with exclusive rights to profit from their work. This includes writings, artwork, audiovisual works, and computer programs. In addition, copyright owners enjoy moral rights that protect their honor and reputation.
In an effort to combat online infringement, Thailand recently amended its Copyright Act. This article explores the backstory behind this amendment and highlights its successes and potential areas of concern.
Understanding IP laws in Thailand is important for foreign companies looking to enter the market. The Department of Intellectual Property (DIP) oversees the country’s patent, trademark, and copyright protection systems. Foreign companies can expect to encounter significant challenges when entering the market due to infringement of their brand by local parties and counterfeiting of products.
Geographical Indications
Geographical indications are distinctive signs used on products that have a specific geographical origin and whose qualities and reputation derive from that origin. They are protected under the intellectual property law in many countries, including Thailand, through the Geographical Indications Protection Act B.E. 2546 (AD 2003).
Unlike trademarks, which grant individual rights to the owners of those marks, GIs are registered collectively and offer protection for an indefinite period of time. The Department of Intellectual Property has so far registered 171 GIs, with more to come.
Applicants seeking to register a GI must prove that the product has a unique link to a particular geographical area and its reputation, quality, goodwill, or other characteristics. It also must not be a generic name or an indication that conflicts with public order and morality or national policies.
Trade Secrets
IP is a core component of any company, and protecting it is a priority for companies investing in Thailand. The country has robust laws and enforcement strategies that safeguard businesses against infringement.
However, enforcement remains a challenge, especially with disputes involving trade secrets. Disputes often involve employees divulging confidential information to competitors, particularly after leaving the company.
Tilleke & Gibbins’ Bangkok team has contributed to the latest edition of Practical Law, which features a Q&A guide on protecting and enforcing intellectual property in Thailand. The guide includes an overview of patents (including utility models and petty patents), trademarks, copyright, and registered designs. It also covers the country’s rules on the confidentiality of business information. The publication is available online here. Our IP team in Bangkok is available to assist you with any questions.