There is no specific timeframe for registration. The controller of the information must have taken appropriate measures to maintain the secrecy. When the author dies, the author's heir is entitled to enforce the moral right during the term of copyright protection, unless otherwise agreed in writing. Copyright registration is not required to bring a lawsuit against an alleged infringer. However, under some double tax treaties, the rate may be reduced to 5% or 10%. Alphen aan den Rijn, (Kluwer Law International B.V., Hague, Netherlands, 2019) , Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. The term of protection is 20 years from the filing date of the patent application. Hence, they consider the violation of Intellectual Property Rights as a serious criminal offense. Copyright infringements are first tried in the IP&IT Court. Thailand remained on the WL in 2018. There are no default rules that prevent a joint owner from exploiting and enforcing its IP right., Another joint owner can later join an action as a co-owner. Take a legal action if you catch someone breaching those rights. 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. Copyright protection does not extend to ideas, procedures, processes, systems, methods of use, operations, concepts, principles, discoveries or scientific or mathematical theories. Breach of contract, infringement or any other act that is an inducement to infringe confidentiality based on trust. Strategic alliance agreements, such as joint research and development, joint manufacturing, joint ventures, joint promotion, and marketing agreements. Assess potential or existing conflicts to check whether the company has encountered any litigation or contingent liability due to trade secret infringement. 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. Such a licence is treated as licensing of know-how or trade secrets. If the contracting parties do not register the security agreement, the secured transaction is unenforceable against third parties. 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. When granting a licence, the licensor must observe anti-competitive rules and regulation. Regarding antitrust or competition concerns, although Thailand has implemented the Trade Competition Act B.E. For many modern-day businesses, developing a strong intellectual property portfolio is considered done of the major objective. For instance, literary and artistic works; inventions; designs; symbols, names and images used in commercial ventures. This resource is periodically updated for necessary changes due to legal, market, or practice developments. Indeed, Thai and international laws have established more rules allowing the protection of the rights of their owners. Thailand registered patent attorney-at-law; Thailand lawyer licence; Thailand notarial services attorney. The standard provisions in a patent licence can include: Bundle of rights being licensed (for example, to manufacture, sell, and import). For information about the current IP climate in Indonesia, Thailand, and Vietnam, see the most . The invention does not meet the patentability requirements. All rights reserved. Thailand announces new regulations for recording customs transactions and seizing counterfeit goods 27 September 2022. Thailand on the priority watch list. For a background on this, please click the link to our article on, Foreign Safeguard Activity Involving U.S. Exports, Thailand - Using an Agent to Sell US Products and Services, Thailand - Distribution and Sales Channels, Thailand - Selling Factors and Techniques, Thailand - Trade Promotion and Advertising, Thailand - Sales Service/Customer Support, Thailand - Protecting Intellectual Property, Thailand - Principal Business Associations, Thailand - Limitations on Selling US Products and Services, Thailand - Personal Care and Beauty Products, Thailand - Import Requirements and Documentation, Thailand - Prohibited and Restricted Imports, Thailand - Licensing Requirements for Professional Services, Thailand - U.S. Banks and Local Correspondent Banks. 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. To maintain a strong profile of your business and be in the competition for a long period, it is vital to protect your IP assets. Identify and classify all documentation related to that trade information. Such a change is regarded as an amendment to the applicants information, and should be completed at the time of filing. Other particulars prescribed by the registration officer and published in the. Save my name, email, and website in this browser for the next time I comment. A trade mark can consist of devices, verbal elements, colour schemes and sounds or any combination of them. The Trademark Office of the DIP registers trade marks. What is the general business, economic and cultural climate in your jurisdiction? Thailand The word Intellectual Property (IP) signifies the creations of the human mind. The enforceability of the clauses in the settlement agreement. 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. 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. The ownership and usage rights of IPRs arising from improvements or derivatives will be treated according to Thai law, as follows: The licensee is generally deemed to be the owner of improvements and derivatives if they are the inventor. Particular attention is paid throughout to recent developments and trends. Introduction: Thailand protects intellectual property rights via three main statutes. What formalities apply? 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. Patent is a right granted to an inventor of a product, machine, material or process to exclude others from making, using, selling, offering for sale, or importing his invention. Independent discovery as a result of the expertise of the person making the discovery. A cancellation can also be filed by the applicant or the Registrar, if the mark falls under any grounds for cancellation. The enforcement of security over IP is also in question because the Business Security Act restricts enforcement alternatives. Goodwill in a registered mark is not recognised under the Trade Mark Act and therefore cannot be licensed under the law. Article | Asia IP - Intellectual Property News and Analysis IP Enforcement Statistics (Calendar Year) (By the Royal Thai Police , the Department of Special Investigation and the Customs Department) 2022 (January - October) 14 June 2023. The intellectual property (IP) environment in Thailand has continued to improve in recent years. 2522 (1979) (Patent Act). Intellectual Property Law in Thailand | Thailand Courts Intellectual Property (June 29, 2019). See all articles by Noppanun Supasiripongchai, This page was processed by aws-apollo-l200 in, Noppanun Supasiripongchai (Contact Author). Assignments, licences, third party rights, or other authorisations, research and development agreements and collaboration agreements, including their main clauses such as exclusivity, warranties, scope and term. As a result, the party to the licence cannot claim for damages from the other party. About Us. Identify and classify all documentation related to trade marks, both registered and unregistered. Such grant-back provisions must be indicated in the agreement. It is important to protect your intellectual property. In 2014, Thailand remains on the US Priority Watch List. However, Thailand has the Plant Variety Protection Act, which is administered by the Plant Variety Protection Office within the Ministry of Agriculture. The licence does not require notarisation. Section 3 The following shall be repealed: Trademark Act B.E. The chances of this defence succeeding depend on the amount, the period and the legitimacy of the evidence proving that the trade mark has been used in good faith for a period of time. A trade mark can be renewed every ten years. Intellectual Property in 2021 Thailand - MPG Enter to open, tab to navigate, enter to select, Intellectual Property Transactions in Thailand: Overview, 24 hour Customer Support: +44 345 600 9355. U.S. IP owners may register their IP rights in Thailand for trademarks, patents, designs, layout-design of integrated circuits, and geographical indications. Copyright Law Thailand Intellectual Property | Translations | Laws in Your exclusive ideas, newness and products and services are solely yours and you should protect them from imitators from copying. The remedies available in civil proceedings are: There is no separate design registration system. Intellectual Property. Intellectual property. The period the right is to be assigned for, which is ten years if no period is specified. Patents protect the works of inventors, such as the process or method of how it was done, articles, machines and etc.A patent is an exclusive right. byDarani Vachanavuttivong, Siraprapha Claassen, Kannicha Wungmuthitakul, Pakaimas Wongwiwatwaitaya and Pongchaiwat Jirayustienjinda. The signatures of both representatives of the assignor and the assignee must be notarised. To register a trademark, an application must be made by the proprietor or his representative under a power of attorney attaching specimens of mark at the Department of Intellectual Property. 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.. However, in accordance with the Berne Convention and TRIPS, the Copyright Act provides an implied three-step test similar to a fair use defence. There is no time limit for filing the recordal of assignment. The employer can include a provision in the employment contract to assign the copyright in a work created by the employee during the course of the employment to the employer. Patent and trademark applicants may use these international systems for filing international patent and trademark applications for requesting protection in Thailand.Copyrights are protected in Thailand without any registration requirement. The Department of Intellectual Property (DIP) of Ministry of Commerce oversees the IP framework in Thailand. Thailand: Updated Regulations On Filing Patents And Petty - Mondaq 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. Intellectual Property Intellectual property is work of the human mind through inventions and creations. IP Attach Thailand | USPTO Cookie Settings. When a is product has been patented, it is associated with quality goods and services. Notarised deed of assignment between the assignor and the assignee (with signatures of the assignor and assignee). Keywords: Thai intellectual property law, Thai copyright law, Thai patent law, Thai trademark law, Suggested Citation: There are no non-tariff trade barriers affecting IP development or licensing. 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. While Thailand maintains its efforts in the enforcement of intellectual property rights (IPR) , the quantity of counterfeit goods found in tourist attraction areas remains high. The United States continues to urge Thailand to impose effective and deterrent enforcement measures.U.S. 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 main term that must be included in the deed of assignment is wording showing the transfer of the trade mark. 14/07/2022. The use of a patented instrument with a ship, machinery or other equipment of a ship, where the ship is from a member country of an international convention or treaty for patent protection to which Thailand belongs, when the ship enters Thailand, temporarily or by accident, and it is necessary that the instrument be used with the ship. Intellectual Property in Thailand: Registration, Protection Areas of practice. 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. The "state of the art" includes: Intellectual Property in Thailand - HG.org These include: The U.S. Chamber and local American Chambers of Commerce National Association of Manufacturers (NAM) International Intellectual Property Alliance (IIPA) International Trademark Association (INTA) The Coalition Against Counterfeiting and Piracy International Anti-Counterfeiting Coalition (IACC) Pharmaceutical Research and Manufacturers of America (PhRMA) Biotechnology Industry Organization (BIO) Resource: In any foreign market companies should consider several general principles for effective protection of their intellectual property. Thomson Reuters Practical Law Tilleke & Gibbins' intellectual property team in Bangkok has provided the latest updates to the Thailand chapter of Practical Law's Intellectual Property Transactions Global Guide, a high-level comparative overview of intellectual property (IP) laws and regulations in 36 jurisdictions worldwide. For unregistered trade marks, an infringement action can be brought on the following grounds: Unauthorised use of the marks of other persons. However, under Thailands Civil and Commercial Code, restrictions can be included in the agreement based on freedom of contract. Guidance on the patent application procedure can be found on the DIP's website: Any interested party can file an opposition within 90 days from the date of publication of a patent application. The IP&IT Court has exclusive jurisdiction over IP disputes, including trade mark infringement actions. Verify ownership of the trade information. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. The DIP database provides guidance on applications in English on the DIP's website, accessible at. Also, they are a member of other key IP conventions which aims to create a fair and uniform IP protection system throughout the world. The overview of the main intellectual property rights in Thailand takes readers through the protection and enforcement of patents, utility models (that is, "petty patents" in Thailand), trademarks, copyright, and registered and unregistered designs. 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. Review existing agreements related to current patents, for example, licensing agreements, assignment agreements (both inbound and outbound), joint development agreements, and technology transfer agreements. Miscellaneous (amendment of licence, assignment, registration, inheritance, dispute resolution, and so on). 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. The initial term of protection is six years from the filing date of the petty patent application. If the licensor wishes to retain rights in the improvements or derivatives as a co-owner, a specific term concerning the ownership of improvements and derivatives must be clearly stated in the agreement. The invention must be new, that is, the invention must not form part of the state of the art at the application/priority date. 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 . Assess potential or existing conflicts to check whether the company has encountered any litigation or contingent liability due to trade mark infringement. Thailand's Intellectual Property (IP) Licensing Laws - AAA IPRIGHT There is no copyright registration system in Thailand for copyright works or copyright licences. A design published in another application before the filing date of the design patent application. The two parties are generally required to undertake the obligations set out in the agreement. Practical Law: Intellectual Property Transactions in Thailand 2022 Engaging in any of these actions without the design patent owner's consent is grounds for an infringement action. This way, they have a unique image in the market and people buy their products because they are different and exclusive. 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. There is no time limit for filing the recordal of assignment. A design disclosed or described anywhere in the world before the filing date of the design patent application. 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. Not be identical or confusingly similar to another registered trade mark. Since trademark is territorial, you have to register the trademark in Thailand. 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. Board of Investment Registration Thailand, setting up a business overseas like in Thailand, Keep your important IP assets, such as trade secrets, personal, Get in touch with the Department of Intellectual Property of Thailand to register your IP, Assess how your IP is related to your business, While signing mergers or any other agreements, make sure to include IP clauses, terms, and. 2023 Thomson Reuters. In the case of registered IPRs, namely trade marks and patents, an assignment agreement must be filed with the DIP to record the assignment of IPR ownership. The Business Security Act specifies the information required to register a security interest. Royalties or fees paid on the licensing of the main IPRs in Thailand are treated as taxable income subject to income tax. A pending trade mark application can also be assigned. It has exclusive jurisdiction over intellectual property (IP) disputes, including infringement actions with regard to patents, petty patents (. 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. 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 (. Intellectual property; dispute resolution and litigation; technology, media, and telecommunications. The following designs are deemed as lacking novelty: A design widely known or used in Thailand before the filing date of the design patent application. Professional qualifications. The third party can prove that the application does not qualify under the criteria in section 6 of the Trademark Act. Generally, the parties can agree on any terms and conditions they deem fit and agreeable, as long as those terms and . Intellectual Property Transactions in Thailand: Overview 2504 This right continues after death and can be exercised by a performer's heirs for the term of copyright protection. The remedies in actions for unauthorised use of confidential information are: 2023Thomson Reuters. Verify patent ownership of the inventory. The Act does not contain any provisions that specifically affect the exploitation of a party's main IPRs. A trade mark application can be rejected in the following cases: the proposed trade mark is identical to a previously registered trade mark; or. All nine categories of works of authorship (, The DIP provides guidelines for registering copyright, on its official website (. Review all existing agreements related to the trade secret, for example, non-disclosure agreements and employment agreements. Conditions, restrictions, or royalty terms that are contrary to competition rules are considered null and void. Trademark Act Intellectual Property Law | Translations | Laws 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. Indirect infringement is where a person both: Engages in certain specified activities (. Related Links. The director-general can set the amount of remuneration as they deem fit, taking into account the employee's salary, the invention's importance, the current and future benefits of the invention, and other circumstances, as laid out by ministerial regulation (Ministerial Regulation No. Collusion and other collective practices that restrain competition in the market. Notarised power of attorney executed by the assignee. There are a number of these organizations, both Thailand- or U.S.-based. The main provisions to be included in the employment contracts are as follows: The rights to use IPRs after termination of employment. To comply with the anti-money laundering laws in Thailand, financial . Thailand has stated its commitment to improve intellectual property rights (IPR) protection and enforcement. The applicant must file a new application with the Trademark Office of the DIP for examination. See, The defences to petty patent infringement actions are the same as those described in. This is determined by the amount of paid-up capital in each corporation, as well as the net profit per year. For non-small and medium enterprises, the rate is 20%. Intellectual property; government relations; regulatory affairs. This resource is periodically updated for necessary changes due to legal, market, or practice developments.
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