Copyright protection does not extend to ideas, procedures, processes, systems, methods of use, operations, concepts, principles, discoveries or scientific or mathematical theories. Any act connected with an application for drug registration, under which the applicant has the objective of producing, selling or importing the patented medical products after the expiry of the patent. The use of a patented instrument in building an aircraft, with other equipment of an aircraft or with any vehicle from a member country of an international convention or treaty for patent protection to which Thailand belongs, when the aircraft or vehicle enters Thailand temporarily or by accident. Intellectual property; government relations; regulatory affairs. Section 1 This Act shall be called as the "Trademark Act B.E. An employee-inventor who wishes to receive such remuneration must submit a request to the director-general of the DIP. How to protect your Intellectual Property in Thailand? 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. Scientific and mathematical rules and theories. Miscellaneous (amendment of licence, assignment, registration, inheritance, dispute resolution, and so on). Most notable is the popular night market in Bangkok, namely Patpong Market, which is listed in the USTR Notorious Markets Reports released in 2019. License can be granted to all types of IP assets in Thailand. does not have a domicile or ongoing functioning industrial or commercial enterprise in Thailand or a country that is a member of an international convention or treaty for patent protection to which Thailand also belongs. Your exclusive ideas, newness and products and services are solely yours and you should protect them from imitators from copying. To be valid, a security agreement must be in writing and must be registered with the Department of Business Development, within the Ministry of Commerce. The duration of moral rights lasts according to the term of protection of the work in which copyright subsists. The law does not have clear provisions on indirect infringement. 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 (. Trade secrets, such as data, formulas or other confidential information used in business, may be protected in Thailand, if the owner provides appropriate measures to maintain the secrecy. The invention does not meet the patentability requirements. 6 This is relevant because the fundamental way to access the ICSID tribunal is by establish. 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. Some categories of works of authorship have specific terms or conditions of protection, which apply regardless of whether the author is an individual or a legal entity: Copyright in a photographic work, audiovisual work, cinematographic work, sound recording, or audio and video broadcasting work subsists for: Copyright in a work of applied art subsists for: Copyright in a work created in the course of employment, instruction, or control subsists for: When the term of copyright protection comes to an end in a given year, the copyright in the work continues until the last day of that calendar year, if either: The termination date is not the last day of the calendar year. Intellectual Property has always played a vital part in over-all social, economic and cultural development worldwide. Copyright protection in some works may overlap with protections granted by other fields of IP law, such as trade marks and design patents. Intellectual Property in Thailand | Ask Intellectual Property Lawyers The IPR Working Group works in close coordination with other EABC Working . 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. There is no time limit for filing the recordal of assignment. Verify the current legal status, the expiry and renewal date, and periodic payment fees, to prevent expiry. Apart from the standard licence provisions on territory, royalty fees, duration, and type of licence granted (exclusive or non-exclusive), a trade mark licence must clearly state whether the rights are granted for all or some of the goods/services registered for the licensed trade mark. For example, they must not impose on the licensee any condition or restrictive term that requires the licensee to: Acquire materials for use in the production of a copyright work, either wholly or partly, from the copyright owner, or from a distributor designated by the copyright owner. Copyright 2023 Thailand Courts. 1714/MOST, dated December 15, 2020, in the Official Gazette on December 23, 2020.The decision is a replacement for and comprehensive revision of a similarly named 2012 decision, and it is the latest step in the country's steady efforts to strengthen its patent regime. Trade secrets can be licenced with jurisdictional restrictions and time limits. The Department of Intellectual Property (DIP) administers Thailand's IP system and operates under the supervision of the Ministry of Commerce. Intellectual property rights mean the rights of individuals, legal entities or organizations to their intellectual property; 2. Goodwill in a registered mark is not recognised under the Trade Mark Act, and therefore cannot be officially assigned. Outlines of the Presentation Exploring Intellectual Property Laws and Competition Law of Thailand Addressing the interface issues Pharmaceutical Issues IP and Competition Remedies Case study of The Office of the Trade Competition Commission (O TCC) of Thailand Thailand The word Intellectual Property (IP) signifies the creations of the human mind. Thailand - Protecting Intellectual Property - export.gov However, the parties may prefer to contract out of the related law based on freedom of contract. How each owner shares the costs contributed to jointly owned IP. Product patents: the exclusive right to produce, use, sell, possess for sale, offer for sale or import into Thailand the patented products. 24). A patents for design licence must be in writing and signed by both parties under sections 41 and 65 of the Patent Act . 1. The notice of opposition must contain the grounds on which it is based and be accompanied by supporting evidence. The IP&IT Court has exclusive jurisdiction over IP disputes, including infringement actions with regard to registered designs (. See, The defences to petty patent infringement actions are the same as those described in. Additionally, to satisfy the official requirements, the following information must be included in the deed of assignment form: Name and address of the current applicant/patentee as the assignor. The third party can prove that the application does not qualify under the criteria in section 6 of the Trademark Act. The Copyright Office of the DIP provides a copyright registration system, but registration is not necessary to obtain protection (copyright ownership automatically vests in the creator when the work is created). The United States continues to urge Thailand to impose effective and deterrent enforcement measures. Enter to open, tab to navigate, enter to select, Intellectual Property Rights inThailand: Overview, www.ipthailand.go.th/en/trademark-001.html, www.ipthailand.go.th/th/copyright-001.html, 24 hour Customer Support: +44 345 600 9355. This resource is periodically updated for necessary changes due to legal, market, or practice developments. 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. There is no time limit for filing the recordal of assignment. The following categories are excluded from patent protection: Micro-organisms that naturally exist and their components, animals and plants, and extracts from animals or plants. IPR owners need to be aware if their products/services are being counterfeited. In addition, verify whether trade marks have been used, to prevent revocation due to non-use. The advantage of registering a licence agreement is that the licensee can be a co-plaintiff and request damages caused by the infringer. the recipe of their famous drink) strictly personal and has also safeguard their trademarks and brand designs by registering the IPs. Examples of exploitation and enforcement issues which may arise out of jointly owned IP include: How each owner separates their rights if the exploitation of one owner interferes with that of another owner. The assignment must be in writing and signed by both the transferor and the transferee. 2534 (1991), as amended by the Trademark Act (No. Moreover, online and mobile piracy continues to increase and physical goods piracy and counterfeiting on a commercial scale remain problematic. Further, a provision on quality control must be included, to ensure that the products/services under the licensed trade mark will conform to the licensor's quality standard. Alphen aan . Professional qualifications. Copyright Law Thailand Intellectual Property | Translations | Laws in Areas of practice. 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. The invention has a subject matter that is explicitly prohibited from patent protection. 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). Copyright protects the creators original work of authorship such as literary work, dramatic works, musical works, sound recordings, pantomimes and choreographic works, architectural works, works of visual art such as pictorial, graphic and sculptural works, motion pictures and other audiovisual works, artistic and other intellectual works both published and unpublished against copying. What can be registered as Intellectual Property? Newer codes include the Land Code and the Revenue Code. In addition, there are seven statutory exemptions from patent infringement: Any act in the interest of education, analysis, experimentation or research, provided that it is not contradictory to the patentee's ordinary course of use and does not cause damage to the patentee's rightful benefit beyond appropriate reasons. Conditions, restrictions, or royalty terms that are contrary to competition rules are considered null and void. byDarani Vachanavuttivong, Titikaan Ungbhakorn and Ploynapa Julagasigorn, Tilleke & Gibbins. However, under some double tax treaties, the rate may be reduced to 5% or 10%. Intellectual property laws must strike the right balance between owners' rights and the public interest, This way, they have a unique image in the market and people buy their products because they are different and exclusive. Copyright registration is not required to bring a lawsuit against an alleged infringer. When a is product has been patented, it is associated with quality goods and services. Laos' Department of Intellectual Property (DIP) published its Decision on Patents and Petty Patents No. It usually takes 12 to 14 months for the registration to be complete (if there is no obstruction raised by the Registrar (. The creditor can only take title to the secured IP or its proceeds, or sell the collateral at a public auction if the borrower defaults. Intellectual Property Law in Thailand | Thailand Courts Under the Act, a Royal Decree was later passed to inaugurate the Central Intellectual Property and International Trade Court on the 1st December 1997.The IP&IT Court Act was the culmination of a joint effort between the Ministry of Justice and the Ministry of Commerce in the wake of negotiations between Thailand and the United States as well as . Registration is mandatory to obtain protection under the Trademark Law. Areas of practice. A trade mark must possess the criteria set out in the Trademark Act B.E. Copyright can be licensed with jurisdictional restrictions and time limits. The sale proceeds from a disposal of the main IPRs are treated as taxable income subject to income tax (. 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. Infringing Thailand Intellectual Property Rights is a criminal offense in Thailand. Renewal can still be filed up to six months after the due date, with an additional surcharge of 20% of the government fee. 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 (. Even though there is general practice in property valuation established by the Valuers' Association of Thailand, it is still difficult to assure financial institutions of the estimated value of IP assets. Thailand Intellectual Property system aims to protect and enforce intellectual property rights by controlling the counterfeit at the manufacturing level before its distribution and retail. That the defendant made a misrepresentation to the general public that has led to confusion. Country Commercial Guides Thailand - eCommerce eCommerce Describes what a company needs to know to take advantage of e-commerce in the local market and covers prominent B2B websites. Four main activities are considered illegal under the Trade Competition Act. Copyrights are protected in Thailand without any registration requirement. Nine categories of works of authorship are protected by copyright: Literary works (including computer programs). The Department of Intellectual Property (DIP) of Ministry of Commerce oversees the IP framework in Thailand. The application for registration of the assignment must include a duplicate copy of the registration certificate or original registration certificate for the trade mark if the mark is registered. It is common for companies to set up joint ventures in Thailand to develop projects that heavily involve IPRs. Department of Intellectual Property. The legal requirements to obtain a patent are: Novelty. 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. There is no time limitation for filing the recordal of assignment. In terms of taking title, it is uncertain how Thai financial institutions can manage seized IP assets, due to (in some cases) their lack of experience in IP asset management. Significant developments affecting this resource will be described below. A copyright notice should also be affixed to the copyrighted work.Trade secrets, such as data, formulas or other confidential information used in business, may be protected in Thailand, if the owner provides appropriate measures to maintain the secrecy.IPR owners need to be aware if their products/services are being counterfeited. A trade mark application can be rejected in the following cases: the proposed trade mark is identical to a previously registered trade mark; or. Unregistered IP (such as trade secrets or copyright) creates uncertainty about the ability of its owners to perform their obligations and unregistered IP cannot be verified through database searches. The IP&IT Court has exclusive jurisdiction over IP disputes, including trade mark infringement actions. An act of disclosure, deprivation of use or use of a trade secret without the owner's consent amounts to an infringement of the trade secret (. Thailand - The Legal 500 The licence does not require notarisation. Intellectual Property Law in Thailand, In International Encyclopaedia of Laws: Intellectual Property, edited by Hendrik Vanhees. The main provisions of competition law are set out in the Trade Competition Act B.E. Intellectual Property Protection in Thailand | HKTDC Research 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. Alphen aan den Rijn, (Kluwer Law International B.V., Hague, Netherlands, 2019). For non-small and medium enterprises, the rate is 20%. The assignment must be registered at the Department of Intellectual Property (DIP) to properly assign the invention under the Thai application from the current owner to the new owner, and for the change in ownership to be valid and enforceable against third parties. Thailand Intellectual Property Rights recognize the following three main categories: In addition to the above-mentioned main IP types, Thailand also includes other areas of IP like geographical indications, plant varieties, etc; which may be used to protect innovators and encourage Thai people to create more innovative works. Only a granted patent will receive a certificate from the Thai Patent Office. Thailand is a prime market for counterfeit goods. A licence can be exclusive, sole or non-exclusive. It is advisable for an agreement to define improvements or derivatives as any technological modifications, variations, updates or enhancements created by the licensee or any sub-licensee (if stated in the agreement) in connection with the licensed technology during the valid term of the agreement. The applicant must file a new application with the Trademark Office of the DIP for examination. In practice, registered IP is preferable for security purposes. However, formal recordation of copyrights at the DIPs Copyright Office is recommended as it would be useful as evidence of ownership in the event of a dispute. 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. The Trademark Office of the DIP registers trade marks. The United States continues to urge Thailand to impose effective and deterrent enforcement measures.U.S. Issues of fact can be appealed, depending on the severity of the punishment imposed by the Specialised Appeal Court. 2534 (1991)". The remedies in actions for unauthorised use of confidential information are: 2023Thomson Reuters. 2560 (2017). Keywords: Thai intellectual property law, Thai copyright law, Thai patent law, Thai trademark law, Suggested Citation: The main terms to be included in a copyright assignment are: Clarification of the subject of the copyright assigned. 1368. Thai patent application number, title of the invention, and patent number, if available. Royalties paid to another Thai company are subject to a 3% advance withholding tax, which can be credited against the final corporate income tax due for the accounting period. In December 2017, the United States Trade Representative(USTR) moved Thailand out of the Special 301 Priority Watch List (PWL) to the Watch List (WL), after the Out-of-Cycle Review conducted by USTR between September and December 2017. Such a licence is treated as licensing of know-how or trade secrets. 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. Thailand's Department of Intellectual Property of Thailand (DIP) has announced the introduction of QR Codes and Reference Numbers on patent certificates. This page was processed by aws-apollo-l200 in 0.078 seconds, Using these links will ensure access to this page indefinitely. What formalities apply? In particular, moral rights protect the author's fame or dignity when they are no longer the copyright owner. Practical Law: Intellectual Property Transactions in Thailand 2022 Practical Law: Thailand Intellectual Property Rights Overview 2021 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. There are a number of these organizations, both Thailand- or U.S.-based. However, to avoid confusion or complexity during the prosecution or enforcement proceedings, the joint owners should agree on: The main steps of an IP audit in Thailand are as follows: Investigate all types of products and processes in the inventory, to determine whether they should be protected as inventions through process patents or petty patents. The renewal can be filed within three months before the expiry of the ten-year period. Hence, they consider the violation of Intellectual Property Rights as a serious criminal offense. The effects of the settlement agreement on the relevant markets. Generally, the content of IPRs includes, "copyright and related rights, trademark rights, geographical indications, industrial designs, patent, layout designs of integrated circuits, undisclosed information, plant breeders' rights utility model rights". In the patent application, the inventor has to disclose the invention to the public by providing a detailed, accurate written description of the invention. Under the Trade Competition Act, business operators are restricted from jointly undertaking conduct that monopolises, reduces or restricts competition in a market, by appointing or assigning to one person the right to exclusively sell the same goods or provide the same services. The Department of Intellectual Property (DIP) oversees Thailands IP system. The third party can prove that the application was incorrectly filed. The Copyright Act does not explicitly specify the categories of works protected by moral rights, but it can be assumed that all nine categories of works of authorship can be protected as moral rights (. The term of protection is ten years from the design patent application's filing date. Infringement of copyright is a strict liability issue. It also adds value to the mark or name of a business, thus gaining goodwill and reputation for the business. There are no non-tariff trade barriers affecting IP development or licensing. There are a number of these organizations, both Thailand- or U.S.-based. Confiscation and destruction of the infringing goods. All types of IPRs are compatible with security interests. . 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. These statutes include the Patent Act 2522 (1979), Copyright Act 2537 (1994), and Trademark Act 2534 (1991). Assess potential or existing conflicts to check whether the company has encountered any litigation or contingent liability due to copyright infringement matters. Intellectual Property Rights inThailand: Overview | Practical Law E-certificate for Patent and Designs is now available - Belaws Thailand If no period is specified, the assignment is presumed to be for ten years. Marks: Trademarks, service marks, certification marks, collective marks. Not be identical or confusingly similar to another registered trade mark. Trademarks can be renewed forever as long as they are being actively used in commerce. The licence must be notarised and registered with the DIP. A design patent can be granted for a new design for industry, including for handicrafts. Areas of practice. 1. Alleged infringers can supply evidence to argue that they have used the alleged trade marks in good faith for a period of time. The monograph provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. To obtain copyright protection, a work must be all of the following: One of the nine recognised categories of works of authorship (. 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. Intellectual property law protects owners. 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. If not, the licence agreement will be void and ineffective. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. In December 2017, the United States Trade Representative(USTR) moved Thailand out of the Special 301 Priority Watch List (PWL) to the Watch List (WL), after the Out-of-Cycle Review conducted by USTR between September and December 2017. For example, a contract where one side is granted rights in goods or services, trade marks, business operational methods, or business operations support, and the other side is granted rights with the duty to pay charges, fees, or other remuneration for the rights granted. There is no registration system in Thailand for trade secrets or trade secret licences. 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). Indirect infringement is recognised under Thai law. Review all existing agreements related to copyright works, for example, licensing agreements, assignment agreements (both inbound and outbound), and co-author agreements. These illegal activities include: Mergers and certain other forms of acquisition. Thailand lawyer licence; Thailand notarial services attorney. The Copyright Act recognises moral rights covering the right of paternity and the right of integrity. A pending trade mark application can also be assigned. The applicant is not entitled to file an application (for example, the applicant is an employee who develops an invention in the course of employment).

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