Intellectual Property Laws at Thailand
Thailand has a well-established intellectual property (IP) framework that aligns with international standards, offering comprehensive protection across various IP rights. Here's an overview of the key aspects of IP law in Thailand:
🏛️ Governing Bodies
Department of Intellectual Property (DIP): Under the Ministry of Commerce, the DIP is responsible for the registration and enforcement of patents, trademarks, copyrights, industrial designs, and geographical indications
📜 Key IP Laws
1. Patents
Types Invention Patents (20 years), Petty Patents (10 years), and Design Patents (10 years.
Protection Criteria Inventions must be novel, involve an inventive step, and be industrially applicable.
Registration Applications must be filed with the DIP and are subject to examination.
2. Trademarks
Protection Criteria Marks must be distinctive and not identical or confusingly similar to existing mark.
Registration Applications are filed with the DIP and, if approved, are published in the Trademark Gazette for opposition.
3. Copyrights
Automatic Protection Protection is granted upon creation for original works of authorship in the literary, artistic, and scientific domain.
Duration Life of the author plus 50 years, or 50 years from the date of publication for works of corporate authorship.
Registration Voluntary registration with the DIP is recommended for evidence of ownership.
4. Trade Secrets
Protection Criteria Information must be secret, have commercial value, and be subject to reasonable steps to maintain confidentiality.
Registration No formal registration is required; protection is based on maintaining secrec.
5. Geographical Indications (GIs)
Protection GIs are protected through a sui generis law and require registration with the DI.
⚖️ Enforcement and Remedies
Civil Actions Injunctions, damages, and orders for the cessation of infringing activities.
Criminal Sanctions Fines and imprisonment for severe infringement.
Customs Measures Customs authorities can seize counterfeit goods at border.
Alternative Dispute Resolution Mediation and arbitration services are available through the DIP and the Intellectual Property and International Trade Cour.
🌐 International Treaties
Thailand is a member of several key international IP treaties, including:
**World Trade Organization (WTO)*: Complies with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIP).
**World Intellectual Property Organization (WIPO)*: Participates in various WIPO-administered treaties.
**Patent Cooperation Treaty (PCT)*: Facilitates international patent applications.
*Madrid Agreement: Allows for the international registration of trademark.
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