In a world of innovation and creativity, protecting your intellectual creations is vital. Yet, navigating the IP legal landscape can seem like an overwhelming labyrinth.
With a trusted partner like Kudun and Partners, you can traverse the intricacies of IP in Thailand to ensure investment protection. This two part series will cover the following topics: Intellectual Property Rights (IPR): Patents, Trademarks, Copyrights, and Trade Secrets.
Invention patents in Thailand provide absolute protection for novel inventions that include an inventive step and are capable of industrial application. They may be obtained for new inventions or for improvements to existing processes, machines, manufactures, or compositions of matter.
Inventors seeking patent protection must file applications before the Department of Intellectual Property (DIP). A Notarised Power of Attorney and certified copies of priority documents are required upon filing. Invention patents are valid for 20 years from the date of filing.
It is possible to challenge the validity of a granted patent in Thailand, but only through post-grant invalidation proceedings or by counterclaim in an infringement action. Unlike many jurisdictions, there is no pre-grant opposition mechanism in Thailand. In addition, it can take up to five years from the publication date of an application for a patent to grant. This long period of uncertainty can make conducting freedom to operate opinion searches challenging. Nevertheless, there are antitrust laws that prevent patent licensing terms from being unjustly restrictive or imposing royalty rates that are unreasonably high.
Trademarks protect products and services that distinguish businesses from competitors. Registering a trademark is an important step in protecting your intellectual property rights in Thailand, and can prevent others from using your mark without permission.
The trademark registration process in Thailand is complex, and includes searching existing marks, application submission, examination and publication, and issuance of the mark certificate. There are some specific requirements that must be met, including distinctiveness and availability for registration. Generally, marks that are identical or too similar to existing registered or well-known marks are not eligible for registration.
The trademark infringement landscape in Thailand is lively, and brand owners should consider setting up watch monitoring services to routinely monitor third party trademark applications and infringement activities online and offline. A specialized court, the Central Intellectual Property and International Trade Court, adjudicates IP disputes in Thailand. Appeals may be made to the Supreme Court. Infringement penalties include counterfeiting and imitation, with the latter requiring an intention to mislead the public.
Understanding Intellectual Property laws is crucial to a foreign investor’s success in Thailand. From securing patent protection to crafting apt licensing agreements, forging collaborative ties with Thai entities and executing meticulous IP due diligence are pivotal to a successful investment journey.
Copyrights protect authors of physical expressions of ideas, including graphic works, art, audio-visual and software work, as well as sculptural and architectural work. They also safeguard authors’ moral rights, safeguarding their honor and reputation.
In general, copyrights in Thailand protect original works from the moment of their creation, even without registration. However, to combat online infringement and comply with international copyright treaties such as the Marrakesh Treaty, the Copyright Act has been amended. This article outlines the backstory behind this recent amendment, and explores what copyright owners, practitioners and internet service providers need to know about it.
Understanding the intricate facets of Thailand’s IP landscape is vital for businesses planning to invest in the country. This is especially true for companies involved in technology, which often rely on non-registrable rights like trade secrets and copyright to safeguard their intangible assets.
The Department of Intellectual Property (DIP) oversees Thailand’s IP system. Currently, the agency is staffed with 399 employees, including civil servants and Government permanent staff members.
In addition to the protection offered by the law, companies can bolster their claims to trade secret protection with the use of non-disclosure agreements and internal policies that ensure employee confidentiality. Unfortunately, trade secret enforcement in Thailand is uneven. According to statistics provided by the Central Intellectual Property and International Trade Court, only 66 trade secret cases were filed in the period between 2004 and 2014.
However, in some instances, these cases have been successful. The infringement of trade secrets is punishable by imprisonment of up to 10 years and a fine of one to two million baht.