Intellectual property (IP) in Thailand
Intellectual property (IP) in Thailand is protected under various laws and regulations that align with international standards. Here are the main types of IP protection available:
Trademarks:
Registered with the Department of Intellectual Property (DIP), trademarks protect brand names, logos, and symbols. A trademark registration offers exclusive rights to use the mark in connection with the goods or services for which it is registered.
Patents:
Inventions can be patented if they are novel, involve an inventive step, and are industrially applicable. Patents in Thailand are valid for 20 years from the filing date and are administered by the DIP.
Copyrights:
Copyright protects original works of authorship, including literature, art, music, and software. In Thailand, copyright automatically exists upon the creation of the work, but registration with the DIP can help in enforcing rights.
Trade Secrets:
Trade secrets are protected under the Trade Secrets Act. They encompass confidential business information that provides a competitive edge. No registration is required, but businesses must take reasonable steps to maintain their secrecy.
Industrial Designs: Industrial designs can be registered for protection, preserving the aesthetic aspect of a product. Registration grants exclusive rights for 10 years, renewable for an additional five years.
Geographical Indications:
These are signs used on products that have a specific geographical origin and possess qualities or a reputation due to that origin, protected under Thai law.
Enforcement:
Enforcement of IP rights can be pursued through civil and criminal actions. The Thai government has been actively strengthening IP laws and enforcement mechanisms, working to comply with international agreements such as the TRIPS Agreement.
Practice Areas in Bangkok: