Intellectual Property
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Tuesday April 25, 2017
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Thailand Intellectual Property - Thai laws

 

Patent/Petty Patent

Patent is a type of intellectual property that is most familiar to everyone. It is possible to say that patent is related to everyone’s daily life in that products that people use every day are the results of human inventions, such as the creation of detergent, which is now highly condensed and very effective in cleaning. Therefore, a patent has contributed to more conveniences and a better and safer living standard. Patent means important document issued by the government to protect an invention, a product design, or a utility model as provided under the laws.

Invention means innovation on composition, structure or mechanics of a product, production and maintenance processes, as well as quality improvement.

Product Design means innovation related to modification of exterior feature of a product for beautification and differentiation.

Utility Model or also called Petty Patent is similar to invention but the level of technological innovation is not high or it is a result of minor innovation.

Petty patent is an important document issued by the government to protect an invention.

Trademark

Trademark means a mark, a symbol, or label used for a product or service as the following. Protection for a trademark is provided under the Trademark Act (No.2) B.E. 2543 (2000). The trademark law provides protection for 4 categories of trademarks as follows:

Trademark is a mark that is used in conjunction with goods to present that the goods is different from other goods that use other trademarks, such as BREEZE (detergent), Ma-Ma (instant noodle), and Red Bull.

Service Mark is a mark that is used in conjunction with service to present that the service is different from other services provided under other marks, such as service marks of an airline, a bank, and a hotel.

Certification Mark is a mark that the owner of a product or service uses in conjunction with the product or the service to ensure quality of the product or the service, such as Shell-Chuan-Chim (gourmet mark), Mae Choy Nang Ram (gourmet mark), and Halal Food (Muslim food).

Collective Mark is a trade mark or service mark used by a company or other associates ventures or members of an association or other organizations of public and private entities, such as the Siam Cement Group Co. Ltd.

Click here to know HOW TO REGISTER A TRADEMARK IN THAILAND

Copyright

Copyright means an exclusive right to undertake any activity that is related to works that an innovator has created. A copyright is a work that resulted from intellectuality, knowledge, and assiduousness to innovate the work. It is considered a type of intellectual property that has economic value. Therefore, an owner of a copyright should be protected under the law.

Rights under copyrights will be acquired immediately after an innovator developed the work without registration requirement. The owner of copyright should therefore protect the work by bringing together relevant evidence that may be used to prove the ownership of the work in the future.

Innovative works that are considered copyright comprise of different types of works as follow:

  1. Literary work, such as book, periodicals, article, publication, and computer program;
  2. Choreographic work, such as cultural dance, dancing, posture or a performance that is composed in to a story, as well as pantomime;
  3. Artistic work, such as painting, sculpture, graphic arts, architecture, photography, plan chart picture, applied art including photograph and diagram of the work;
  4. Musical work, such as melody and lyrics or only melody including a well composed tones and chorus;
  5. Audiovisual, such as video tape and laser disc;
  6. Cinematography, such as movie and supporting sound of the movie (if available);
  7. Sound recording, such as cassette tape and compact disc;
  8. Sound and picture broadcast, such as radio broadcast, or sound and picture broadcast via a television station;
  9. Other works that are related to the literary, scientific, and art domains.

 

 

Trade Secret

Trade secret is trade information that is not generally well-known or is not accessible by groups of people who normally are related to the information. The information can be used for trade benefits since the owner or the protector of the information has maintained the information secret by appropriate means.


Normally trade secret is under protection as long as the information remains secret. Therefore, the right of the owner of the information is permanent as long as the information is not revealed to the public. Trade secret will receive protection without the requirement for registration. Accordingly, the owner of trade secret can choose to notify the trade secret by using the secret as collateral to guarantee a loan from a bank.

Geographical Indications

Geographical Indication is a name or symbol or other indicators which represents the origin of a good and which conveys to the consumer the special quality or features of that good vis-à-vis goods that are produced elsewhere. For example, the name “Petchabun Sweet Tamarind” consists of the word “sweet tamarind” which indicates the type of product and the word “Petchabun” which signifies its origin. The name also suggests to the public that the product is of high quality, is sweet in flavor, and is not soggy, which are the particular features of Petchabun Sweet Tamarind as a result of the soil quality and the quantity of rain falls in the Petchabun province coupled with the skills of Petchabun farmers who possess special farming techniques which makes tamarind grown in Petchabun sweeter than those grown in other provinces. Hence, geographical indication will occurr when there are two key components or factors, that is, nature and human in that location or area, in which nature would provide the environment or inputs to produce the goods, while humans would provide the skills and local knowledge in the production of such goods, which together contribute to the special quality or features of the goods. Given this reason, the right on geographical indication thus belongs to the local community or the local people which produces the goods.

IP Capitalization

Intellectual Property Capitalization was initiated by the government’s “Asset Capitalization Policy.” This policy aims to create opportunities to the people, especially the poor, to have more access to the source of fund in the system by utilization of the existing assets as their capital. This will create more jobs and income, as well as encourage new business operators, and hence sustainable economic development of the country. Currently, there are 7 categories of assets that can be capitalized. They are: land and property attached to the land; permission to utilize public lands and other certification documents; leasing and hire-purchasing contracts; machinery; Intellectual Property; permission to utilize marine area for aquaculture purpose, and; rubber plantation. With regard to Intellectual Property, the government assigned the Department of Intellectual Property to be the major organization responsible for the work involving the national intellectual property issues in accordance with the “Asset Capitalization Policy.” In order to have efficient operation and to achieve the objective of the government, the Department of Intellectual Property established the “Intellectual Property Project” to support the operation under the government policy. The objective of this project is to create opportunities for the owners of intellectual property who have registered or notified the information with the Department of Intellectual Property. These owners of intellectual property can use their documents of rights to have access to the capital in the system and utilize the existing intellectual property for commercial purpose and for maximization of economic value. Besides, the project will also promote creativity and innovation, as well as encourage more utilization of intellectual property.

 

 

Source: Department of Intellectual Property of Thailand

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Some Law firms working in the fields of Intellectual Property in Thailand:

 

 

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