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Intellectual Property Rights
Intellectual property
Thai law recognizes the common categories of intellectual
property rights, including copyrights, trademarks and patents and trade
secrets. The Central Intellectual Property and International Trade Court was
established in 1997 with jurisdiction over both civil and criminal cases
relating to intellectual property rights and international trade issues. The
Department of Intellectual Property of the Ministry of Commerce (DIP) is
responsible for the administration of the various laws enacted for the
protection of intellectual property rights.
Copyright
Under the Copyright Act B.E. 2537 (1994) (Copyright Act), an
author gains automatic protection over his or her copyright work. The Copyright
Act has a wide definition of “works” that are protected, including literary
works, dramatic works, visual and graphic arts, musical works, audio-visual
works, cinematic works, sound recordings and broadcasts. Thailand, as member of
the Berne Convention, is obliged to protect copyright works of other member
states. Although not required to receive protection under the Copyright Act,
copyright works can be registered with the DIP for evidentiary purposes.
The Copyright Act protects copyright works against infringement
by unauthorized reproduction, adaptation, publication and use. Generally,
protection under the Copyright Act lasts during the lifetime of the author and
for 50 years after the death of the author.
Trademarks
The owner of a registered trademark receives protection
under the Trademark Act B.E. 2534 (1991) (Trademark Act). The Trademark Act
defines a “trademark” as a symbol used (or proposed to be used) in respect of a
good, to distinguish that good from goods under another trademark. In order to
receive protection under the Trademark Act, a trademark must be registered with
the Trademark Registrar within the DIP. Any licensing and/or assignment of a
registered trademark must also be registered with the DIP in order to receive
protection under the Trademark Act.
The Trademark Act protects registered trademarks against
infringement by counterfeits and imitations. Generally, protection under the
Trademark Act lasts for ten years after the date of the application and can be
renewed for additional ten-year periods by submission of an application within
the prescribed period.
Patents
The owner of a registered patent receives protection under
the Patent Act B.E. 2522 (1979) (Patent Act). The Patent Act protects three
categories of patents: invention patents, design patents and petty patents. In
order to receive protection under the Patent Act, a patent must be registered
with the Patent Registrar within the DIP. Any licensing and/or assignment of a
registered patent must also be registered with the DIP in order to receive
protection under the Patent Act.
The Patent Act protects registered patents against
infringement by making, using, selling, keeping for sale or importing the
patented products or the products produced using the patented process.
Generally, protection of inventions and designs lasts for 20 years and ten
years, respectively, from the date of filing and neither can be renewed.
Protection of petty patents lasts for six years, but can be renewed twice for
periods of two years for each renewal.
Trade secrets
The owner of a “trade secret” receives protection under the
Trade Secret Act B.E. 2545 (2002) (Trade Secret Act). The Trade Secret Act
defines “trade secret” to include the method or process of manufacturing, price
lists and customer database. A trade secret need not be registered to receive
protection.
The Trade Secret Act protects the trade secret owner from
infringement by disclosure, deprivation or usage of trade secret without the
consent of the owner. Generally, protection of trade secret lasts so long as it
remains a trade secret under the Trade Secret Act.