Intellectual property covers a broad range of intangible creations, from inventions to literary and artistic works. It encompasses patents, trademarks, copyrights and trade secrets, which help to protect businesses from unauthorized infringement or replication.
Thailand has a robust IP system that encourages technological innovation by offering inventors legal protection for their inventions. However, navigating the IP registration and enforcement processes can be complex.
Patents
As a member of the World Trade Organization and World Intellectual Property Organization, Thailand generally complies with international intellectual property standards. However, local law takes precedence over international treaties. For this reason, investors need to understand the intricate facets of Thailand’s patent law when considering investment in the country.
Patents grant inventors exclusive rights to their inventions, typically lasting for 10-20 years from the date of filing. Inventors must file their patent applications with the Ministry of Industry or Department of Intellectual Property. The process includes a patent statement, power of attorney (if applicable), priority document and technical evidence.
Currently, the Thai Patent Act excludes from patentability inventions that are already known to the public at large or have been disclosed in prior art. However, the law does allow third parties to challenge the validity of an issued patent through invalidation proceedings. Moreover, patents can be assigned or transferred in accordance with the law. Additionally, a patented process is protected under the law through Geographical Indications (GI), a trademark used to indicate that a product originates from a particular region and is associated with its quality, reputation or characteristics.
Trademarks
As with patents, trademarks must be registered in order to enjoy protection under Thai law. Thailand is a member of the Madrid Protocol, which facilitates international registration.
A trademark must possess distinctiveness, avoiding direct references to the character or quality of associated goods and services. Marks that are initially lacking in distinctiveness may acquire it through extensive use and promotion over time.
Copyright is the legal right granting a creator exclusive permission to control the use of his or her creative work. It applies to literary, dramatic and artistic works, audio-visual recordings, cinematographic works, sound and video broadcasting works and computer software.
A patented invention must be novel, have industrial applicability and not have been disclosed to the public prior to its filing with the Department of Intellectual Property. It must also be clear, concise and intelligible. The application must include detailed specifications, drawings and an abstract of the invention.
Copyrights
Copyright protects the author’s right to control reproduction and distribution of his or her work. Infringement can result in civil or criminal penalties. The Thai government has been working to combat counterfeiting and IP infringement. Recently, they introduced a new law to fight the issue and reduce the number of counterfeit goods in the country. The government also partnered with internet service providers to take action against those who commit intellectual property infringements online.
Thailand is a member of the World Trade Organization and the WIPO, which means it complies with international standards on IP protection. It is possible to register trademarks, service marks, collective marks and certification marks in the country, and patents are protected by national laws and international treaties such as the Patent Cooperation Treaty (PCT).
Safeguarding intellectual property rights in Thailand requires a comprehensive understanding of regional laws and protocols. A trusted partner like Kudun and Partners can ensure this understanding is transformed into tangible protection for your company’s investments in the country.
Trade Secrets
In Thailand, trade secrets offer an extra layer of protection. The law protects against the misappropriation of information that grants a company a competitive advantage and is not generally known to the public. This is typically information such as recipes, systems, methods, styles, devices, or compilations of materials. A violation of this secrecy is penalized by an injunction and monetary compensation (damages, account of profits).
In addition, infringement is criminal and punishable by up to one year in prison. The secret owner can also request that the unauthorized use be destroyed or rendered inoperable by the court.
Understanding the nuances of intellectual property in Thailand is key to navigating the complex investment landscape. Forging collaborative ties with local partners and conducting meticulous IP due diligence ensures an uncomplicated and fruitful investment journey.