Thailand has several laws and regulations that safeguard intellectual property rights (IPR). Here is a summary of Thailand’s major intellectual property rights:
1. Trademarks: The Thai Trademark Act protects trademarks. You must submit an application to the Department of Intellectual Property (DIP) and go through the assessment process in order to obtain trademark protection. If accepted, your trademark registration will be valid for five years and be renewed forever. Trademark infringement may result in legal action and penalties.
2. Patents: The Thai Patent Act provides protection for patents. A patent application must be submitted to the DIP in order to be granted a patent. According to Thailand’s “first-to-file” policy, a patent will often be awarded to the first applicant who submits an application. Usually, a patent is good for 20 years after filing. Patent infringement may give rise to legal action.
3. Copyright: The Copyright Act governs copyright protection in Thailand. It includes creative works in music, art, and other genres. When a work is created, copyright protection automatically and without registration arises. It is advised to add the copyright symbol () and the year of creation to your work, though. Copyright infringement may result in legal action and financial penalties.
4. Industrial Designs: The Thai Industrial Design Act provides protection for industrial designs. You must submit an application to the DIP in order to receive protection. After 10 years have passed since the filing date, industrial design protection is renewable for two additional periods of five years each. A protected design’s unauthorized usage or imitation may have legal repercussions.
5. Trade Secrets: The Thai Trade Secrets Act protects trade secrets. Maintaining secrecy through non-disclosure agreements (NDAs) and limiting access to sensitive information are crucial for protecting trade secrets. Legal action may be taken in the event of the misappropriation or unauthorized disclosure of trade secrets.
6. Enforcement: You may file a lawsuit through the Thai courts in the event of an intellectual property violation. A lawyer with experience in intellectual property law should be consulted to help you navigate the enforcement procedure.
To ensure effective protection and enforcement of your intellectual property rights in Thailand, it is essential to speak with an experienced Thai intellectual property lawyer or obtain professional guidance. Professional counsel will help assure compliance and protect your rights because intellectual property rules and procedures can be complicated.