Geographical Indications Law in Thailand
Certainly! Here’s an overview of Geographical Indications (GI) Law in Thailand:
Geographical Indications Law in Thailand
1. Legal Framework
The main legislation governing Geographical Indications in Thailand is the Geographical Indications Act, B.E. 2546 (2003).
This Act provides the framework for the registration, protection, and enforcement of GIs.
Thailand is also bound by the TRIPS Agreement through its membership in the WTO, requiring protection of GIs.
2. Definition of Geographical Indications
Under the Thai GI Act, a Geographical Indication is a sign used on goods that have a specific origin, and which possess qualities, reputation, or characteristics essentially attributable to that geographic origin.
It covers agricultural products, foodstuffs, handicrafts, and industrial products.
3. Protection and Registration
The Department of Intellectual Property (DIP) under the Ministry of Commerce is responsible for the registration and protection of GIs.
Application Requirements:
Proof that the product originates from a specific region.
Evidence that the product’s qualities or reputation are due to the geographic origin.
Specifications for the product, including production methods, geographical boundaries, and quality standards.
The application undergoes examination, followed by a public opposition period.
4. Duration and Renewal
GI registration lasts for 10 years from the date of registration.
It can be renewed indefinitely for successive 10-year periods.
5. Rights Conferred
The owner(s) of a registered GI have exclusive rights to use the GI in relation to the registered goods.
Unauthorized use or imitation of the GI for similar goods is prohibited.
Only producers within the defined geographical area who adhere to the product specifications may use the GI.
6. Enforcement and Remedies
Enforcement actions can be taken against infringement, including civil lawsuits and administrative measures.
Remedies include injunctions, damages, seizure and destruction of infringing goods.
7. International Agreements
Thailand is a member of the WTO and complies with the TRIPS Agreement regarding GI protection.
Thailand is also a signatory to the Paris Convention for the Protection of Industrial Property, which supports GI protection.
Thailand participates in various regional IP frameworks like the ASEAN Intellectual Property Rights Action Plan which encourages cooperation in GI protection among ASEAN members.
8. Examples of Recognized Thai Geographical Indications
Khao Hom Mali Rice (Jasmine Rice) from certain provinces
Doi Chang Coffee from Chiang Rai
Benjarong Porcelain
Phetchaburi Coconut Sugar
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