Intellectual Property Guide

With access to state-of-the-art technology, many countries will be able to compete successfully in the global markets.

Intellectual Property can be divided into two categories as followed:

• Industrial Property

• Copyright and related rights

Industrial Property can be divided as follows:

• Patent (Patent for invention, utility model and design)

• Trademark

• Integrated Circuit

• Trade Secret

• Trade Name

• Appellations of Origin

Term of protection

• Term of Trademark protection
  The registration of a trademark is valid for 10 years from the date of application and may be renewed within 90 days before the expiration of the trademark registration.

• Term of Patent protection
  - Invention patents shall be valid for 20 years from the date of application.
  
  - Design patents shall be valid for 10 years from the date of application.
  
  An expired patent cannot be extended.

• Term of Copyright protection
  In general, the term of protection for Copyright exists for the life of the author plus 50 years after the death of the author. In case of a work is of joint authorship, Copyright exists for the life of the joint-authors plus 50 years as from the death of the last surviving co-author.
  
  In the case where the author is a juristic person, copyright exists for 50 years from the time of authorship.
  
  Copyright in photographic, audiovisual, cinematographic and audio and video broadcasting works as well as sound recordings exists for 50 years from the time of authorship.
  
  Copyright in works which are created during the course of employment, instruction or commission exists for 50 years from the time of authorship.
  
  Copyright in a work of applied arts exists for 25 years from the time of authorship.
  
  In the case that the work is published during such period, copyright exists for 50 years from the first publication with the exception of copyrighted works in the field of applied arts, which exist for 25 years from the date of the first pulication.

Trademark Protection in Thailand
The Trademark Act B.E. 2534 provides protection for four kinds of marks as following:

• Trademark means a mark used or proposed to be used on or in connection with goods to distinguish the goods, for which the Trademark of the proprietor of such trademark is used, from goods under another Trademark.

• Service Mark means a mark used or proposed to be used on or in connection with services to distinguish the services of the proprietor of such service mark from services under another person's service mark.

• Certification Mark means a mark used or proposed to be used by the proprietor thereof on or in connection with goods or services of another person to certify the origin, composition, method of production, quality or other characteristics of such goods or to certify the nature, quality, type or other characteristics of such services.

• Collective mark means a trademark or service mark used or proposed to be used by companies or enterprises of the same group or by members of an association, cooperative, union, confederation, group of persons or any other state-owned or private organisations.

Registration Procedure
A trademark application must be completed by the proprietor or his agent, in Thai, and filed with the Trademark Office on official forms. The proprietor or his agent must have a place of business or address in Thailand at which he can be contacted by the Trademark Office.

If the Trademark Office deems the Trademark Office deems the trademark registrable, and provided that no opposition to the trademark arises within 90 days of its publication in the official journal, the Trademark Registrar will grant a trademark registration.

Trademark Registration Period
Trademark registration is effective for a period of 10 years. Owners of trademarks must file an application for renewal at least 90 days prior to the expiration of their current trademark registration. A renewal trademark will be effective for an additional 10 years.

A trademark may be registered even if it is not being actively used. However, failure to utilize the trademark entitles third parties to challenge the rights of the trademark owner.

Fees
The fees for Trademark registration can be separated into three parts as following:

• Filing: The fees depend on the number of different classifications of goods or services. The fee for each classification is 500 Baht.

• Publication: The applicant has to pay a fee of 200 Baht for each application.

• Registration: The applicant has to pay a fee of 300 Baht for each classification of goods or services.

Penal Provisions for Trademark Infringement
The owner of a registered trademark has the exclusive right to use the trademark, and may initiate legal action against violators. It is a criminal offense to represent a trademark as registered when it has not been legally registered, or to sell, possess for sale, or bring into the Kingdom objects under such a pretense. This offense is punishable by imprisonment of up to 1 year or a fine of up to 20,000 Baht, or both. Presenting false evidence while registering a trademark is liable to a term of imprisonment not exceeding 6 months or a fine not exceeding 10,000 Baht, or both.

Anyone who forges another person’s trademark, registered in the Kingdom, or who sells, possesses for sale, or brings into the Kingdom objects with a forged trademark, shall be punishable by imprisonment not exceeding 4 years or a fine not exceeding 400,000 Baht, or both.

Anyone who imitates another person’s registered trademark in order to mislead the public into believing the imitation mark is that of the registered owner, or who sells, possesses for sale, or brings into the Kingdom objects with an imitated trademark, will be punishable by imprisonment not exceeding 2 years or a fine not exceeding 200,000 Baht, or both.

Whoever repeats these offenses within a five-year period is liable to double punishment.

The Board of Trademark Committee
The Board of Trademarks was established to have the power and duties specified hereunder:

• To decide an appeal, order, or decisions of the Registrar under Trademark Act.

• To consider and order a withdrawal of the registration of a Trademark, service mark or certification mark or assignment agreement.

• To give advice to the Minister in the issuance of the Ministerial Regulations on Notifications.

• To consider other matters assigned by the Minister.

Service Marks, Certification Marks and Collective Marks
These variations on trademarks are covered under all the provision the Act and, hence, receive the same protection as trademarks under the law. In the case of service marks, all the words “goods” mentioned in the Act’s provisions shall mean “services”.

• Certification Marks
  Applicants for certification marks must forward a copy of the regulations concerning the use of the certification mark together with the application for registration and demonstrate that they are well qualified to certify the merits of the goods or services.
  
  The owner of a registered Certification Mark shall not use it for his own goods or services and shall not license any third person to grant certifications to use the mark, although they may license a third person to use the Certification Mark themselves. If they violate this rule, they are subject to a fine not exceeding 20,000 Baht.
  
  The regulations concerning the use of the Certification Marks must:
  
  - Specify the origin, composition, manufacturing process, quality and other characteristics of the goods and services to be certified.
  
  - Include the rules, procedures and conditions in the granting of a license to use the Certification Mark.

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