Intellectual property in Thailand (IP) rights protect intangible creations of the mind, such as inventions, designs and literary and artistic works. They provide legal protection for creators, preventing unlicensed use by others for a period of time.
Navigating Thailand’s IP law landscape can be complex. This guide will demystify the laws surrounding your intellectual creations, enabling you to safeguard them effectively in the Land of Smiles.
Patents
A patent provides protection for inventions that include a new product or process, or the improvement of existing products. The patentee may only manufacture, sell, possess for sale or import the patented product.
The patent application process requires thorough searches and a clear description of the invention. Inventions must also be novel and industrially applicable. The patent law excludes certain inventions from being patented, including naturally occurring microorganisms and their components; animals, plants or extracts thereof; scientific or mathematical rules; computer programs; and methods of diagnosis, treatment or cure for human or animal disease.
Petty patents, equivalent to utility models in other jurisdictions, provide a 10-year protection term for inventions that are new and industrially applicable but do not demonstrate significant inventive qualities. Post-grant patent invalidation proceedings are possible but not common in Thailand.
Trademarks
Trademarks identify and distinguish goods and services from the products of competitors, fortifying brand value, granting exclusive usage rights, and facilitating license agreements. The trademark application process involves extensive research and preparation.
It is essential to carefully consider both formal and substantive requirements outlined in the legislation and international treaties to which Thailand belongs. The first-to-file principle applies, and registration may be refused or revoked on the basis of non-compliance. A registered mark can be defended against infringements via civil litigation and/or criminal prosecution. In addition, the Central Intellectual Property and International Trade Court presides over all IP disputes. Various ministerial regulations are also in place to facilitate the enforcement of trademarks.
Copyrights
Copyrights protect the creators of original creative works including literature, computer programs, music, architecture and artwork. A work protected by copyright is the sole property of its author and can only be used with its owner’s consent.
Infringement of copyrights in Thailand is a civil offence and, if it involved commercial intent or benefits, may result in imprisonment. The Central Intellectual Property and International Trade Court handles IP disputes in Thailand.
As an active member of WIPO and the Patent Cooperation Treaty, Thailand complies with international standards of intellectual property protection. However, employers should localize their IP agreements to ensure compliance with Thai law.
Industrial Designs
Navigating the intricate facets of intellectual property protections in Thailand requires more than just a keen understanding of regional laws and protocols. It also requires a dependable partner to ensure that this knowledge is translated into effective, tangible safeguards for your assets and investments.
Industrial designs are a valuable asset for businesses looking to gain a competitive edge. Known as “design patents” in Thailand, these intellectual property rights protect the aesthetics of articles, including their shape, configuration and pattern.
In order to secure an industrial design, an inventor must first file a design application with the Department of Intellectual Property (DIP). This includes filing an official fee and undergoing formal examination.
Geographical Indications
IP law in Thailand is constantly changing, and employers need to ensure that their employment agreements and practices comply with the current legislation. One particular issue is the question of who owns IP rights, as it can vary depending on whether the work was created during the course of employment.
To successfully navigate the complexities of IP protection in Thailand, businesses need a partner with deep knowledge and experience of local laws and protocols. A firm like Kudun and Partners can provide both, transforming understanding into tangible legal protection for clients’ investments and assets.
Trade Secrets
A trade secret is confidential information that has commercial value derived from its secrecy. It cannot be easily disclosed and requires substantial efforts to maintain its confidentiality. These measures include marking sensitive documents as confidential and restricting access to the relevant information, among others.
Understanding intellectual property rights in Thailand is an essential step to securing and maximising the value of your investments. From forging collaborative ties with Thai entities to meticulous IP due diligence, Pavinee helps foreign investors traverse this intricate investment landscape – all whilst ensuring that your IP remains secure and uncompromised.