Intellectual Property Rights (IPR) in Thailand are protected and governed by various laws and regulations. Here are the key types of IPR and the corresponding legislation in Thailand:
- Trademarks: Trademark protection in Thailand is governed by the Trademark Act B.E. 2534 (1991) and its amendments. The Department of Intellectual Property (DIP) under the Ministry of Commerce is responsible for trademark registration and enforcement. Trademarks can be registered for goods, services, collective marks, certification marks, and well-known marks.
- Patents: Patent protection in Thailand is governed by the Patent Act B.E. 2522 (1979) and its amendments. The DIP handles patent registration, examination, and enforcement. Thailand follows the “first-to-file” system, meaning the first person to file a patent application is usually granted the rights. Patents can be granted for inventions, utility models, and designs.
- Copyright: Copyright protection in Thailand is governed by the Copyright Act B.E. 2537 (1994) and its amendments. The DIP oversees copyright registration and enforcement. Copyright automatically arises upon the creation of an original work and covers literary, artistic, and scientific works, as well as performances, sound recordings, and broadcasts.
- Industrial Designs: Industrial design protection in Thailand is covered under the Patent Act B.E. 2522 (1979) and the Industrial Design Act B.E. 2542 (1999). The DIP handles the registration and enforcement of industrial designs. Industrial designs refer to the aesthetic aspects of products, including shapes, patterns, or configurations.
- Trade Secrets: Trade secrets in Thailand are primarily protected under the Trade Secrets Act B.E. 2545 (2002). It provides protection for confidential information that has commercial value and is subject to reasonable measures to maintain its secrecy. Trade secrets can include formulas, processes, techniques, or business information.
- Geographical Indications (GI): The Geographical Indications Act B.E. 2546 (2003) governs the protection of geographical indications in Thailand. GIs protect the names or signs used to identify goods as originating from a specific geographical location, where a particular quality, reputation, or characteristic is associated with that place.
Enforcement of IPR in Thailand involves civil and criminal actions, and penalties for infringement can include fines, imprisonment, and seizure of infringing goods. It’s advisable to consult legal professionals or intellectual property experts for specific guidance and advice related to IPR protection and enforcement in Thailand.