Intellectual property (IP) is a valuable business asset. It can be protected through laws, licensing agreements and international treaties.

Thailand’s legal system offers a strong foundation for safeguarding IP through the patent law, copyright law and trademark law. However, it is critical for businesses to understand the country’s laws and practices.

Trademarks

Trademarks are used to distinguish one company’s goods and services from those of another. Thailand’s trademark laws are governed by the Department of Intellectual Property (DIP), which is under the Ministry of Commerce. In order to register a mark in Thailand, it must be original, not identical to any marks that are already registered there, and distinctive.

Before applying for a trademark, it is recommended that applicants conduct a trademark search to ensure that their application does not conflict with any existing marks. Registrable marks include names, words, symbols, and even certain 3D shapes. However, certain marks are prohibited from registration, including those that are generic or misleading, or that are contrary to public order and morality.

If a trademark is registered in Thailand, the owner will be granted exclusive rights to use and license it in connection with specific goods or services. The mark may also be used to identify the source of the goods or services, as well as to prevent others from falsely claiming that they are the originator.

Trademark infringement in Thailand is common, and can have serious consequences for companies that do business there. To avoid infringement, businesses should ensure that their employees sign non-disclosure agreements and enforce clear confidentiality measures. In addition, they should implement a robust internet policy that prevents employees from downloading or posting information about their products online.

Copyrights

Copyright protects the physical expression of an idea or concept. It does not protect the idea itself. A work must be original and created by human hands in order to qualify for copyright protection. This includes literary works, audio-visual works, software, paintings and sculptures. Copyright owners are entitled to a moral right as well as the exclusive right to reproduce and commercialize their works.

As a member of WIPO and the PCT, Thailand adheres to international intellectual property standards. However, counterfeiting and piracy remain significant challenges for businesses operating in the country, especially online.

In response to this, the Thai government has enacted new regulations and launched a national campaign to fight online intellectual property violations. These include a notice-and-takedown system and penalties for violators.

For UK businesses, a trade mark is an important element of an intellectual property portfolio in Thailand, protecting symbols, colours and other devices that identify a business’s goods and services. Trade mark registrations in the country are valid for 10 years, and may be renewed indefinitely for further 10-year periods.

Copyright infringement in the country is common, and trademark and patent infringement is rampant on the internet. The country’s IP laws are complex, and employers should localize their intellectual property agreements to meet Thailand’s unique requirements. Moreover, it is essential for businesses to seek legal assistance from a firm with deep knowledge of Thai IP law.

Patents

As a member of the WTO and an active participant in international IP treaties (including the Patent Cooperation Treaty, also known as the Washington Treaty), Thailand generally complies with internationally recognized intellectual property standards. However, it is important to understand that Thai law and specific local laws can supersede international treaties.

Patents are enforceable in Thailand, and infringement liability may arise from the manufacture, use, sale, possession for sale or import of patented products, or of any process for producing a product. The holder of a patent has the right to license the exclusive rights in a patent, but such licensing terms cannot unfairly restrict competition or impose royalties that are unjustifiably anti-competitive.

The Patent Act provides that any person who makes an invention shall have the right to apply for a patent therefor. Applicants can be foreign citizens or residents, or corporations or partnerships. Applicants must disclose the technical details of their invention and demonstrate that they are the originators of the patent application.

The patent prosecution procedure in Thailand is relatively fast. First publication takes place 18 months from the filing or priority date, and substantive examination is completed within three years of that date. Opposition is possible at the national phase, and a post-grant review is not available. Unlike many other jurisdictions, the government does not charge a fee to file an opposition.

Trade Secrets

The legal framework in Thailand provides a solid foundation for businesses to safeguard trade secrets. However, implementing stringent protocols and continuously monitoring trade secret misappropriation remain challenges in the country. These efforts mitigate risk and can protect the return on investments in research and development.

Patents protect new and undisclosed inventions, such as technology, software, business methods, and architecture designs. In order to receive patent protection, intellectual property owners must file with the Office of Intellectual Property (IPO). Applicants may choose to submit an international application via the Patent Cooperation Treaty (PCT) in order to lessen paperwork and procedures.

Copyrights protect original creative works such as literature, software, music, photography, and art. While a copyright can be registered in Thailand, it is not required. Copyright holders can license their exclusive rights to others, however, the granting of such rights cannot unfairly restrict competition.

Trade secrets are confidential business information that grants companies a competitive advantage. Often, SMEs invest significant resources in researching and developing products and designs that can improve production costs or increase sales. Unfortunately, these investments are often stolen by current or former employees or business partners. The Central Intellectual Property and International Trade Court has published only 66 trade secret disputes from 2004 to 2014. Despite the low number of cases, most have not had a positive outcome for trade secret owners.