Putting a gold leaf on the back of the Buddha image

Intellectual Property in Thailand

The intellectual property environment in Thailand has continued to improve in recent years. In December 2017, the United States Trade Representative (USTR) moved Thailand from the Special 301 Priority Watch List (PWL) to the Watch List (WL), and Thailand remains on the WL in 2022. The Department of Intellectual Property (DIP) oversees and administers Thailand’s IP system. U.S. IP owners may register or apply for their IPR in Thailand for trademarks, patents, designs, layout-design of integrated circuits, and geographical indications. An address for service in Thailand and a local agent or attorney is generally required when filing IP applications at DIP. Additionally, DIP has implemented a series of e-services for its IP registration processes and introduced fast-track programs for patent and trademark registrations under certain conditions. As a member of the World Trade Organization (WTO) and World Intellectual Property Organization (WIPO), Thailand generally complies with international intellectual property standards established by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Thailand is also a party to the Patent Cooperation Treaty (PCT) and the Madrid Agreement Concerning the International Registration of Marks (known as the Madrid System). Patent and trademark applicants may use these international systems for filing international patent and trademark applications for requesting protection in Thailand.

Patent in Thailand

A patent is a legal document issued to grant protection for an invention or a design, based on section 3 of the Patent Act 1979. The three patent types available in Thailand are patent for invention, petty patent, and design patent (aka industrial design). Patents for invention can be filed in Thailand through two systems:
▪ a national application (first filing in Thailand or within 12 months of a priority application filed in another country); or.
▪ an application under the Patent Cooperation Treaty (“PCT”) system which makes it possible to seek patent protection.
The average time required to obtain a patent in Thailand, from application to grant, is seven-and-a-half years. For pharmaceutical patent applications, the process from requesting substantive examination to granting can take anywhere from 4 to 13 years. Invention patents An invention patent must fulfil the patentability requirements under Section 5 of the Patent Act. To be patentable, an invention must be new, involve an inventive step, and be capable of industrial application. Invention patent applications are filed with the Department of Intellectual Property. Once granted, proper fees must be paid to ensure the patent’s validity for the 20-year period. Where an invention does not involve an inventive step, the invention may be eligible for a petty patent if it is new and capable of industrial application. A petty patent (also known as a utility model in other countries) can be granted for a new invention that is capable of industrial application but lacks a high level of inventive novelty.

Trademark in Thailand

In Thailand, the basic trademark law is the Trademark Act of B.E. 2534 (1991), as amended in B.E. 2543 (2000), which provides for the registration of trademarks. Registration of a trademark in Thailand would enable a trademark owner to apply the full force of the law to enforce his rights in this jurisdiction, rather than if he were relying only on the registration of the trademark in another jurisdiction. Trademarks are registered with the Department of Intellectual Property. However, the applicant must have a fixed address in Thailand – non-residents can only register by appointing a Thai resident and granting them the power of attorney. In order to be able to register the trademark, an official form has to be completed in Thai and filed with the Department of Intellectual Property. A sample of the product should be attached, and the address of the applicant in Thailand should be mentioned. If the applicant is not domiciled in Thailand, the business office or premises will be considered as the domicile. A duly filed application will be published in the Trademark Gazette for 90 days. In case no one files an objection within that period of time, the trademark will be registered and the payment of the registration fee will be due. In Thailand, it is mandatory to register a trademark in order to obtain protection and proprietary rights for it, as Thailand is a “first-to-file” jurisdiction. However, in exceptional cases, well-known trademarks can be protected even if they have not been filed yet. Trademarks do not need to be in use in Thailand in order to be filed or registered. However, extensive prior use of the mark may prove acquired distinctiveness, and as such help overcome objections raised on grounds of lack of distinctiveness.

Industrial design in Thailand

Under Thai regulation, a multiple design application is not allowed. Each embodiment of the design is deemed to be a separate design application. A design may be eligible for design patent if it is new and industrially applicable. Design patents are granted based on the ornamental aspects or aesthetics of an article, including features that pertain to the shape, configuration or pattern. As such, design patents may be granted for new qualifying three-dimensional designs or designs with a two-dimensional element. In Thailand, design patents are popularly sought by both Thai and foreign patentees. The Department of Intellectual Property grants design patents 10 years of protection from the date of filing. There is no provision for novelty grace period in the Thai design regulation. The design which has been disclosed to the public before filing the application is not patentable in Thailand. The industrial design registration in Thailand is valid for ten years from the date of filing. The first maintenance fees must be paid at the beginning of the 5th year of the patent validity term. If the design patent is granted at the beginning of the 5th year, the maintenance fees must be paid within 60 days from the patent grant.

Copyright in Thailand

Copyright law in Thailand governs the legally enforceable rights of creative and artistic works under the Copyright Act BE 2537 (1994). On 24 February 2022, Thailand amended its Copyright Act B.E. 2537 (1994)—previously amended in 2015 and 2019—to comply with the World Intellectual Property Organization Copyright Treaty (WCT) and update practices in combating online infringement. The amended law became effective on 23 August 2022. The copyright protection in Thailand is valid for the entire lifetime of the author and continues for a period of 50 years thereafter. The same protection period is granted to juristic persons who are the owner of the copyright. hai laws recognize and automatically protect copyrighted works created or recorded in foreign countries without any further formality, provided that the creators of such works are nationals or residents or first published such works in a member country of the Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) or the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). There is no system of registration of copyrights in Thailand. Copyrighted works however can be recorded at the Copyright Office under the Department of Intellectual Property, Thai Ministry of Commerce.

IP enforcement in Thailand

Thailand has followed through on its international agreements by passing a series of laws that protect intellectual property rights in Thailand based on International Model Laws. Currently Thailand has laws that protect trademarks, patents, copyrights, trade secrets, Integrated circuit design, and optical disk production. A specialized court was created called the Central Intellectual Property and International Trade Court (CIOITC) to adjudicate civil and criminal IP cases in Thailand. CIPITC is a specialized court that adjudicates IP disputes, including infringement and invalidity issues in Thailand. An appeal against the decision of CIPIT Court may be submitted to the Court of Appeals for Specialized Cases, the decisions of which may be appealed to the Supreme Court, subject to the Supreme Court’s discretion. IP enforcement can be taken in Thailand by means of customs seizures, cease-and-desist letters, negotiations, mediations though the Department of Intellectual Property, and criminal and civil litigation.