Process patents: the exclusive right to use the process stated in the patent, produce, use, sell, possess for sale, offer for sale or import into Thailand products made using the patented process. This monograph provides a survey and analysis of the rules concerning intellectual property rights in Thailand. 2560, there is no clear guidance on whether the act applies to grant-back clauses in licensing agreements regarding improvements and derivatives made by the licensee. Section 249 of the Civil Procedure Code provides an illustrative list of significant matters that trigger Supreme Court review. Thailand remained on the WL in 2018. Intellectual property; government relations; regulatory affairs. That the misrepresentation caused damage to the claimant's reputation or goodwill in the claimant's goods or services. The Purpose of Intellectual Property Intellectual property rights do more than serve their owners' interests. Moral rights to a copyright work cannot be assigned; however, they can be waived in writing. 6 This is relevant because the fundamental way to access the ICSID tribunal is by establish. 1. In both share sales and asset sales, common warranties and/or indemnities typically given by the seller relate to: A share sale does not affect ownership of IPRs, since the target company remains the IPR owner. For non-small and medium enterprises, the rate is 20%. Piracy, infringement, replicas and counterfeit goods remain a challenge for Intellectual Property owners. The Business Security Act specifies the information required to register a security interest. Intellectual Property Law in Thailand, In International Encyclopaedia of Laws: Intellectual Property, edited by Hendrik Vanhees. Activities considered by the Trade Competition Commission (Commission) as unfair trade practices. The renewal can be filed within three months before the expiry of the ten-year period. Intellectual Property laws of Thailand | Thai laws for Copyrights Scientific and mathematical rules and theories. Documents need to be in Thai language. The Q&A gives an overview of maintaining an IP portfolio, exploiting an IP portfolio through assignment and licensing, taking security over IPRs, IP and M&A transactions, and the impact of IP on key areas such as competition law, employees and tax. The manufacture of patented products or application of the patented process, where the manufacturer or the user, in good faith, engaged in the relevant production or acquired the relevant equipment: before the actual date of filing of the patent application in Thailand (not the priority date of the patent application); and. Thailand - Protecting Intellectual Property - export.gov 2522 (1979) (Patent Act). Intellectual Property Protection in Thailand | HKTDC Research Copyright law of Thailand - Wikipedia To obtain copyright protection, a work must be all of the following: One of the nine recognised categories of works of authorship (. byDarani Vachanavuttivong, Siraprapha Claassen, Kannicha Wungmuthitakul, Pakaimas Wongwiwatwaitaya and Pongchaiwat Jirayustienjinda. Suggested Citation, No.19, Village 2, MaekaMuang, Phayao 56000Thailand, IO: Productivity, Innovation & Technology eJournal, Subscribe to this fee journal for more curated articles on this topic, Law & Society: Private Law - Intellectual Property eJournal, We use cookies to help provide and enhance our service and tailor content. Intellectual Property And International Trade Court - WIPO The assignment must be in writing and signed by both the transferor and the transferee. Copyright protection in some works may overlap with protections granted by other fields of IP law, such as trade marks and design patents. Pay royalties at an unfair rate when compared to the rate prescribed by the copyright owner for other licensees for the same copyrighted work. License can be granted to all types of IP assets in Thailand. Conditions, restrictions, or royalty terms that are contrary to competition rules are considered null and void. Thailand also has rules and regulations governing trade secrets, plant patents and layout-designs of integrated circuits. Strategic alliance agreements, such as joint research and development, joint manufacturing, joint ventures, joint promotion, and marketing agreements. The transferor can also include conditions to maintain the confidentiality of the information or trade secret. Intellectual Property (IP) Licensing Laws In Thailand Areas of practice. Allow the public to recognise the trade mark. Nine categories of works of authorship are protected by copyright: Literary works (including computer programs). Indirect infringement is where a person both: Engages in certain specified activities (. 22 Nov Thailand's Intellectual Property (IP) Licensing Laws By AAA IPRIGHT5 News, Thailand 0 Comments The term Intellectual Property (IP) refers to inventions of the human creative mind such as , literary and artistic works; inventions; designs; and commercial symbols, names, and pictures. copyright law in Thailand COPYRIGHT ACT B.E. The burden of proof applies to both the opposing party and the counterparty. In December 2017, the United States Trade Representative(USTR) moved Thailand from the Special 301 Priority Watch List to the Watch List after the out-of-cycle review conducted by USTR. Methods for diagnosing, treating or curing human or animal diseases. If there is clear evidence that a person infringed or is going to conduct an infringing act, the controller of a trade secret can bring a civil action to obtain: Any person who discloses another's trade secret to the public in a manner that results in the trade secret ceasing to be a secret, with malicious intent to cause damage to the business of the controller of the trade secret, is liable to imprisonment and a fine (, The IP&IT Court has exclusive jurisdiction over IP disputes, including infringement actions with regard to trade secrets (. Litigation and disputes, noting the parties, nature of the dispute, jurisdiction, cause(s) of action, status and so on, for any actual, pending, or threatened litigation, administrative action, or settlements affecting the IPRs. The registration must contain at least the following information: Details of the property used as the security. The exclusive rights of a patent or petty patent (. Further, the licence agreement must explicitly indicate the title of the invention, patent number and/or patent application number, and the effective date as well as the licence expiry date, which must be on or after the grant of a patent. Investigate trade marks in the inventory that the company has created or owns. An address for service in Thailand and a local agent or attorney is generally required when filing IP applications at DIP.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). It covers every type of intellectual property right in depth copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Intellectual property laws must strike the right balance between owners' rights and the public interest, In an asset sale, IPRs are transferred by assignment. There are no specific regulations regarding defences to trade mark infringement actions. The scope and nature of any provision that aims to resolve disputes (including non-challenge clauses). WE Intellectual Property Related Articles. Intellectual property systems, laws, and regulations are designed to benefit society while protecting both creators and users. In settlement agreements, particular attention should be given (in light of all relevant facts and circumstances) to: Any value transferred from one settling party to the other and the reasons for it. 2558 (2015) (Business Security Act), security can be taken over all types of IPRs. Such grant-back provisions must be indicated in the agreement. An infringement action of a registered trade mark can be brought on the following grounds: Unauthorised reuse of packaging bearing a registered trade mark (, Importing or offering for sale counterfeit or imitation trade marks (. Inventions that are contrary to public order or morality, public health or welfare. Lawyers representing parties with interests in Thailand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law. Copyright protection does not extend to ideas, procedures, processes, systems, methods of use, operations, concepts, principles, discoveries or scientific or mathematical theories. Her pragmatic and straight-to-the-point approach is highly valuable to our work.' 'One of the leading teams in the country.' 'Alan Adcock is exceptional. However, under Thailands Civil and Commercial Code, restrictions can be included in the agreement based on freedom of contract. The appropriate measures depend on the nature of the secret. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. Regarding antitrust or competition concerns, although Thailand has implemented the Trade Competition Act B.E. The remedies available in criminal proceedings are: Fines of THB20,000 to THB800,000 and/or six months' to four years' imprisonment. 2534 (1991), as amended by the Trademark Act (No. The mark must be used in connection with goods or services distinguished for the owner of the mark.The mark must be unique; not be the same or similar to the registered mark of another person. Intellectual Property Law in Thailand | Thailand Courts Intellectual Property (June 29, 2019). For registered trade marks, verify the current legal status, expiry and renewal dates, and periodic payment fees, to prevent expiry. Article 2. If the contracting parties do not register the security agreement, the secured transaction is unenforceable against third parties. Thailand provides "petty patent" protection, which is the equivalent of utility model protection. Most notable is the popular night market in Bangkok, namely Patpong Market, which is listed in the USTR Notorious Markets Reports released in 2019.Moreover, online and mobile piracy continues to increase and physical goods piracy and counterfeiting on a commercial scale remain problematic. A patents for design licence must be in writing and signed by both parties under sections 41 and 65 of the Patent Act . The main provisions of competition law are set out in the Trade Competition Act B.E. Thailand - eCommerce - International Trade Administration Distinctive means the trademark has feature that cause the public to distinguish the good using the trademark from other goods. Last published date: 2022-07-26 Before the pandemic hit, Thai retailers generally did a good job adjusting to the digital age. The Patent Office of the DIP registers design patents (, Third parties can oppose a design patent application on the same grounds as those used to oppose a patent application (. Areas of practice. Review existing agreements related to trade marks, for example, licensing agreements and assignment agreements (both inbound and outbound). Patents The professional services of an IP lawyer can be rendered in order to acquire a patent. A performer has moral rights to identify themselves as the performer of their performances and to prevent a transferee, or any other person, from any modification of their performances that would cause damage to their reputation or honour. The Department of Intellectual Property (DIP) administers Thailand's IP system and operates under the supervision of the Ministry of Commerce. For individuals, copyright protection is valid for the life of the author plus an additional period of 50 years. Section 3 The following shall be repealed: Trademark Act B.E. Introduction: Thailand protects intellectual property rights via three main statutes. About Us. Copyright infringement arises from a deliberate act in respect of all or part of a copyright work of another without permission, either directly or indirectly. The EABC Intellectual Property Rights (IPR) Sector Committee provides a cross-sectoral, business-driven platform for interactive discussion and formulation of consolidated positions on key IP issues facing inventors, manufacturers, importers and enterprises in Thailand. All nine categories of works of authorship (, The DIP provides guidelines for registering copyright, on its official website (. Thailand's Department of Intellectual Property of Thailand (DIP) has announced the introduction of QR Codes and Reference Numbers on patent certificates. All rights reserved. A guide to intellectual property transactions law in Thailand. Copyright protects the manner in which such facts or information is expressed, selected or arranged. Client Success Intellectual Property laws of Thailand In today's time when thousands of start-up companies are fast emerging and competition is getting tougher, it has become essential for business owners to have a plan of success ready starting with safeguarding their intellectual property (IP) and assets first, be it on a large or small scale. The IPR Working Group works in close coordination with other EABC Working . Cases before the Specialised Appeal Court are heard by a panel of judges with expertise in IP, together with associate (that is, expert) judges who advise the professional judges on technical issues such as engineering, science and pharmacy issues, and so on. The patent applicant must provide a detailed, accurate and complete written description of the invention. Therefore, if a legal action is necessary, IPR owners are strongly recommended to seek advice from local attorneys who are experts in IP laws and litigation..It is also recommended that small and medium-size companies understand the importance of working together with trade associations and organizations to support efforts to protect IP and stop counterfeiting. A trade mark must possess the criteria set out in the Trademark Act B.E. These illegal activities include: Mergers and certain other forms of acquisition. The sale proceeds from a disposal of the main IPRs are treated as taxable income subject to income tax (. Thailand: Intellectual Property (IP) Licensing Laws In Thailand - Mondaq 'Sukontip Jitmongkolthong is a brilliant strategist and expert on intellectual property laws, not only in Thailand but also in the Southeast Asian region. There are a number of these organizations, both Thailand- or U.S.-based. The holder of a copyright has an exclusive right to authorize or prohibit certain uses of his work. Investigate all creations in the inventory to determine whether they can be considered copyright work. There is no time limit for filing the recordal of assignment. Law of Thailand - Wikipedia The standard provisions in a patent licence can include: Bundle of rights being licensed (for example, to manufacture, sell, and import). The legal requirements to obtain a patent are: inventions that were widely known or used by others in Thailand before the application date; an invention that was described in a document or otherwise disclosed to the public in Thailand or overseas before the application date; an invention patented before the application date; an invention for which a patent application has either been published or 18 months have elapsed since the application date. Thailand: Updated Regulations On Filing Patents And Petty - Mondaq A copyright notice should also be affixed to the copyrighted work. The notice of opposition must contain the grounds on which it is based and be accompanied by supporting evidence. Copyright infringements are first tried in the IP&IT Court. Practical Law: Thailand Intellectual Property Rights Overview 2021 Patent is territorial meaning it must be applied where protection is sought. The term of protection is 20 years from the filing date of the patent application. If you are setting up a business overseas like in Thailand, you should be well aware of their rules and regulations designed for business owners to effectively protect their IP assets. The Q&A gives an overview of the protection and enforcement of the following IPRs: patents, trade marks, registered designs, unregistered designs, copyright and confidential information. The Trademark Office of the DIP registers trade marks. In addition, verify whether trade marks have been used, to prevent revocation due to non-use. Intellectual property in Thailand - The Legal 500 A defence of non-infringement or patent invalidity can be raised in an infringement action. U.S. IP owners may register their IP rights in Thailand for trademarks, patents, designs, layout-design of integrated circuits, and geographical indications. In addition, there is an exemption for use of the product design in the interest of education or research. Intellectual property law protects owners. Copyright works are protected if the creator is a Thai national or resident, or a national or resident of a member country of either the Berne Convention or the TRIPS. When a is product has been patented, it is associated with quality goods and services. In addition, when a trade secret is misappropriated by a licensee, action can be brought for breach of contract. Thailand February 22 2022 Overview Restrictions Are there any restrictions on the establishment of a business entity by a foreign licensor or a joint venture involving a foreign licensor and are. Intellectual property. Thailand is a prime market for counterfeit goods. the proposed trade mark is similar to a previously registered trade mark and will confuse or mislead the public about the ownership and origin of the goods and/or services. The assignment terms should clearly specify the trade secret or confidential information assigned, and the period for which they are assigned. 14/07/2022. Trademark Act Intellectual Property Law | Translations | Laws in Thailand Laos' Department of Intellectual Property (DIP) published its Decision on Patents and Petty Patents No. However, a work may be considered unenforceable if it is deemed contrary to the public order or morality, or lacks sufficient creativity, originality or authorship. 1368. This way, the author of creative work will be able to control the economic use of his work in a number of ways so that he may receive payment.
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