Thailand Support Office

Thailand and Japan have had an exchange relationship for over 600 years and have traditionally maintained friendly relations, and in September 2007 they celebrated the 9th anniversary of Japan-Thailand diplomatic relations. In recent years, many Japanese companies have expanded into Thailand, and the relationship between the two countries has become closer than ever. In 120, Japan ranked first in terms of total exports and imports in Thailand.

Therefore, we have established the "Thailand Support Office" in order to respond to the diverse needs of our customers in Thailand and Japan. The Thailand Support Office acts as a bridge between Japan and Thailand, supporting Japanese customers who wish to protect their intellectual property in Thailand and Thai customers who wish to protect their intellectual property in Japan. This is the purpose.

If you have any questions or concerns regarding intellectual property rights in Thailand or Japan, please feel free to contact our Thailand Support Office. All of the staff at the Thailand Support Office are looking forward to seeing you.

Thailand Support Office Head Shuichi Goino

 

 

table of contents

Patent law revision scheduled

Thailand is currently planning to revise its patent law.

(Scheduled revision)

  • Legislation related to genetic resources and traditional knowledge
  • Criteria for determining novelty include world-wide public knowledge and earlier unpublished applications
  • Application publication system within 18 months from the filing date and post-registration publication system
  • Voluntary divisional application
  • Shortening of the period for requesting substantive examination (5 years from publication date → 3 years from filing date)
  • compulsory license
  • Application can be changed from patent to petty patent (equivalent to utility model)

Wait

 
 
 
 

Intellectual property legal system in Thailand

 

The laws regarding intellectual property rights in Thailand include the following related laws and regulations.

  • Patent Act (1999rd amendment in 3): Patent Act BE 2522 (1979), BE 2535 (1992) and BE 2542 (1999) amendments
  • Trademark Act (2000nd amendment in 2): Trademark Act BE 2534 (1991), BE 2543 (2000) amendment
  • Copyright Act BE 1994 (enacted in 2537)
  • Geographical Indication Protection Act BE 2003
  • Plant Varieties Protection Law BE 1999 (established in 2542)
  • Act on Protection of Layout-Designs of Integrated Circuits B.E. 2000
  • Trade Secrets Act BE 2002 (enacted in 2545)
  • The Protection and Promotion of Traditional Thai Medicine Wisdom Act BE 1999 (AD 2542)

In Thailand, the government agencies responsible for enforcing intellectual property laws are the Department of Intellectual Property (DIP), Ministry of Commerce (http://www.ipthailand.org/), and the Economic Crime Investigation Department. The Economic Crime Investigation Division (ECID), DIP's Center for Coordination of Deterrence Against Intellectual Property Violation, etc. Furthermore, the Central Intellectual Property and International Trade Court (IP & IT Court) is a special court established in 1997 with exclusive jurisdiction over intellectual property and international trade. The Court was established under the Intellectual Property Rights and International Trade Courts Establishment and Proceedings Act (1996).

知的財産権に関する国際条約のうち、タイが現在加盟しているのは、TRIP協定、ベルヌ条約(1931年07月17日)、WIPO加盟(1989年12 月25日)、WTO加盟(1995年1月1日)、パリ条約(2008年08月02日)、特許協力条約(PCT)(2009年09月24日に加盟書寄託、2009年12月24日に発効)、マドリッド・プロトコル(2017年11月07日)です。

law Target of protection Requirements Need for registration protected
implementation act
not an infringement
action
Rights protection period priority
Patent law invention (patent) novelty, progress
sexual, industrial
availability
必要

manufacture, use,
sales, sales
Possession for
offer, import

from before application
Use and education too
or research
Target use, etc.
From the filing date
20 years
From priority date
Within a month

small invention
(petty patent)

novelty, industry
available on
sex
From the filing date
6 years
(2 years each 2
(can be updated twice)
From priority date
Within a month
design novelty, engineering
industrial/craft
availability
From the filing date
10 years
From priority date
Within a month
Trademark law 商標
service trademark

certification trademark
collective trademark
distinctiveness, in law
prohibited
Not a trademark
registration
Same as trademark
or similar
What I haven't done
必要 Specified product/
Commerce related to services
Use of marks

Personal name or name
is the office name
use in good faith
thing, also
of the product
with good intentions in writing
to use etc.

From the date of registration
10 years
every 10 years
Updatable
From priority date
Within a month
copyright law Creative works (literature/
Theater/Art/Sound
Music/Audiovisual/Recording
sound/movie/viewing
broadcasting, etc.)
by author
was created by
thing

automatically protected
However, knowledge
Report to the Property Office
can be recorded

Reproduction, modification,
message to the public
Is it copyright?
profits arising from
give to others
Rukoto

private use, profit
for the purpose of profit
No research, teaching
Educational purposes etc.
In principle, date of creation
Starting from
The creator's
50 years after death
Corporate works up to
If the public
50 years after the show

 

 

Source: JETRO

 

Japan-Thailand system comparison

Japan-Thailand comparison

treaty Thailand Japan
WIPO Establishment Treaty
WTO・TRIPS
treaty of paris
patent cooperation treaty
madrid protocol
trademark law treaty ×
Berne Convention

 

patent right

    Thailand Japan
Patent law
Applicant qualifications Inventor or successor *In the case of an employee invention, in principle, the employer Inventor or successor *In case of employee invention, based on contract
The need for a local agent Those who do not have a local residence will need a local representative to complete the procedures. Those who do not have a local residence will need a local representative to complete the procedures.
Publication system If formal requirements are met, publication will be ordered and provisional protection will be granted. 18
Examination system
(substantive examination)
Request for examination Starting date Release application
period 5 years in principle 3 years in principle
Non-patent subject Inventions that violate public order and morals Inventions that violate public order and morals
Criteria for determining novelty Domestic publicly known and public use/domestic and foreign publications Domestic and foreign public information, domestic and foreign publications, etc.
Duration Starting date application application
period 20 years 20 years (extension system available)
Objection Starting date Release Gazette publication date (registration publication date)
period 90 days June
Invalidation trial
(Sue for invalidation in court)
Obligation to perform 3 years from the date of registration or 4 years from the date of patent application, whichever is later
(If not implemented, compulsory license will be established)
Continuously for 3 years or more
(In case of non-implementation, there is an arbitration system to establish a non-exclusive license)

Source: Japan Patent Office

 

Utility model right (petty patent right)

    Thailand Japan
The need for a local agent Those who do not have a local residence will need a local representative to complete the procedures. Those who do not have a local residence will need a local representative to complete the procedures.
Examination system
(substantive examination)
〇(Only if requested by an interested party) ×
Duration Starting date application application
period 6 years (2-year extension system maximum of 2 times) 10 years
Objection Starting date Public bulletin × (Able to provide information)
period XNUMX year
Invalidation trial 〇 (Sue for invalidation in court)

Source: Japan Patent Office

 

Design right

    Thailand Japan
Design law ×
(There is a provision in the Patent Act)
Applicant qualifications The creator or successor can apply. The creator or successor can apply.
The need for a local agent Those who do not have a local residence will need a local representative to complete the procedures. Those who do not have a local residence will need a local representative to complete the procedures.
Examination system
(substantive examination)
Criteria for determining novelty Domestic publicly known and public use/domestic and foreign publications Domestic and foreign public information, domestic and foreign publications, etc.
Duration Starting date application application
period 10 years 25 years
Objection Starting date Application publication date (before registration) ×
period 90 days
Invalidation trial
(Sue for invalidation in court)
International classification based on the Locarno Agreement
(Not a member of the Locarno Agreement)
Obligation to display registration × ×

Source: Japan Patent Office

 

Trademark

    Thailand Japan
Trademark law
The need for a local agent Those who do not have a local residence will need a local representative to complete the procedures. Those who do not have a local residence will need a local representative to complete the procedures.
Examination system
(substantive examination)
Principles of entitlement First-to-file principle First-to-file principle
Home country registration requirements × ×
Duration Starting date application Registration
period 10 years (renewable) 10 years (renewable)
Cancellation of non-use 3 3
Transfer requirements 〇 (Cannot be assigned in the cases stipulated in Article 24-2, Paragraphs 2 and 3 of the Trademark Act. Regional collective trademarks stipulated in Article 7-2 of the same Act cannot be transferred)
Objection Starting date Application publication date (before registration) Gazette publication date (registration publication date)
period 60 days February
Invalidation trial 〇(Depending on the reason for the request, it may not be possible to make a request after 5 years have passed from the registration of establishment (Trademark Law Article 47))
Sort Product 34 Service 11 Product 34 Service 11
international classification

Source: Japan Patent Office

 

Patent rights in Thailand

What inventions can be patented?

According to the Thai Patent Law, inventions that can be patented are inventions that mean research or inventions that create new products or manufacturing methods, or acts that improve products or manufacturing methods (Article 3 of the Patent Law).

 

What are the requirements for patent registration?

Article 5 of the Patent Law states that the requirements for patent registration are that the invention must be a new invention (Article 6), the invention must have an inventive step (Article 7), and the invention must be industrially applicable (Article 8). ) is given.

  • A new invention (the most important requirement, a new invention according to Article 6 of the Patent Act) is an invention that has not been made public. Publicly means an invention that:
    (1) Inventions made or prevalent in the Kingdom before the patent application date (or priority date).
    (2) Inventions whose main contents or details have been published in documents or publications distributed within or outside the Kingdom before the patent application date (or priority date). It does not matter whether the disclosure is made to the public in documents, publications, by exhibition, or by any other means.
    (3) Inventions for which a patent or utility model (certificate) has been obtained within or outside the Kingdom before the patent application date (or priority date).
    (4) Inventions for which a person has applied for a patent or utility model outside the Kingdom, and for which a patent or utility model (certificate) has not been issued for XNUMX months prior to the date of the patent application.
    (5) Inventions for which there is a patent or utility model applicant within or outside the Kingdom and which have already been published before the date of filing the patent application in the Kingdom.
    However, a patent application must be filed within 2 months from the date of (XNUMX) publication of the main content or details of the invention resulting from the illegal act, or (XNUMX) publication by exhibition of the inventor's achievements at an international trade fair or exhibition for the public on official business. If you do so, it will not be deemed that there has been disclosure based on (XNUMX) above.
  • An inventive step is an invention that is not readily apparent to a person having ordinary expertise in that type of field. According to the IP&IT Court's decision, inventions that use known principles or techniques, or that have only minor differences from previous inventions, do not constitute an inventive step.
  • Industrially applicable inventions are inventions that can be used in industrial production, including handicrafts, agriculture, and commerce.
 

What inventions cannot be patented under this law?

  • 1. Naturally occurring microorganisms or components of microorganisms, animals, plants, or extracts from animals or plants.
  • 2. Scientific and mathematical principles and theories
  • 3. Data system for computer operation
  • 4. Methods for diagnosing, treating, and curing human or animal diseases.
  • 5. Inventions that are contrary to public order and morals, public health or welfare
 

Documents required for application

  • 1. Application designation form (Thai)
      The following information must be included in the application.
      ① Information regarding the application (name of the invention, inventor and his address, applicant's name and address,
        Information regarding the application agent, etc.)
      ② Information regarding priority claim (presence or absence of priority claim, priority claim country, priority claim number,
        priority claim date, etc.)
  • 2. Specification and abstract
  • 3. Drawings (if necessary)
  • 4. Power of attorney.
    If you are applying through an agent, a notarized power of attorney is required.
  • 5. Other necessary documents (e.g. priority certificate, deed of assignment, etc.)

As a general rule, all required documents must be prepared in Thai when applying.
However, if there is a priority claim, it is possible to apply in a foreign language, but a Thai translation must be submitted within a certain period (90 days) after filing. In the case of PCT applications, the translation must be submitted at the same time as the application. The quality of the translation will be strictly checked by the examiner, and if the translation is insufficient, an Office Action will be taken to correct the Thai translation.

 

Flow after application

Formality examination

After filing, a formality examination will be conducted. In Thailand's formality examination, in addition to formal requirements, it is also determined whether the grounds for non-patentability and the scope of claims are clear.

 

Application publication

The Thai Patent Law does not stipulate the timing of publication of an application; the application will be published after formality examination is completed and the application publication fee is paid. Once the application is published, the right to provisional protection arises.
The application publication date is the starting date of the examination request period, but please note that the Patent Office will not issue a notice of application publication, so applicants must confirm publication themselves.
Please note that there is no early release system.

 

Objection

There will be an opposition period of 90 days from the publication date of the application.

Examination request system
In principle, a request for examination must be filed within five years from the publication date of the application. Please note that a request for examination cannot be filed before the application is published. If a request for examination is not filed, the application will be deemed abandoned.

 

substantive examination

・The examiner can request the applicant to submit the search results and examination results of the corresponding foreign application.
- If the invention in the application does not meet the requirements such as novelty, the reasons for refusal will be notified and the applicant can submit a written opinion or amendment within a certain period of time.
・If the reasons for refusal are not resolved even after the above response, a decision of refusal will be made. You can request an appeal against the decision of refusal.
-On the other hand, if the patent requirements are met, a notice of grant of a patent will be given, and a patent right will be issued upon payment of the registration fee.

 

How can I speed up the review?

The review period is 7 to 8 years, with some cases lasting as long as 10 years. For example, the following measures can be taken to speed up the review process.

  • ■Submit examination results from patent offices of other countries such as JPO, USPTO, and EPO (possible at any time before patent rights are granted, but translation into Thai is required)
  • ■Send a letter to the Commissioner of the Thai Patent Office
  • ■Ask JETRO to put you on the delayed review list

 The Patent Prosecution Highway (PPH) pilot program began on January 2014, 1. As a result, applications that are determined to be patentable in Japan will be able to be examined quickly in Thailand through simple procedures upon application by the applicant. On January 1, 2024, the PPH trial period was extended to December 1, 1. The PPH trial period will be extended if necessary.
 If you wish to apply for the PPH pilot program, you must submit a DIP-JPO PPH application to the Intellectual Property Department, Ministry of Commerce of Thailand (online or paper process). Guidelines and entry forms for PPH applications are available on the Japan Patent Office website.

 

Patent protection period (Article 35 of the Patent Act)

A patent right is valid for 20 years from the filing date, but this period is excluded if there is a dispute over the applicant's qualifications or opposition. During this 20-year period, the patentee has exclusive rights to the patent. You can also grant patent licenses to others with conditions.

 

Flow from application to registration of invention patent in Thailand

 

 

 

New patent examination guidelines

On June 2019, 6, new guidelines for examination of patents and petty patents were published.
Important changes from the previous guidelines include:
- It has become clear that "Purified Natural Products" extracted from natural products are ineligible for patents.
- Examples of patent-eligible inventions related to computers, computer programs, and business methods have been described.

 

 

Design right

What is a design?

According to the Thai Patent Law, a design is the shape or pattern of an object, or the color of an article, which has special characteristics as an article that can be used as an industrial product including crafts (Article 3 of the Patent Law). .

 

What are the requirements for registering a design?

Designs that can be applied for design registration (Article 56 of the Patent Law)

(1) It is a new design

The following designs are judged to be not novel. (Article 57 of the Patent Act)

① Designs that already exist or are widely used in the Kingdom before the design registration application date (priority date).

② Documents or publications circulating inside and outside the Kingdom before the design registration application (priority date), including their shape, main parts,
    Designs whose details have been made public.

③ Designs that have been published under Article 65 to which the provisions of Article 28 apply mutatis mutandis prior to the filing of an application for design registration.

④ Designs similar to those falling under ①, ②, and ③ that can be judged as imitations

(2) The design can be used for industrial purposes including crafts.

 

What are designs that cannot receive design rights (Article 58 of the Patent Act)?

(1) Designs that harm public order and morals.

(2) Designs stipulated by Royal Ordinance

 

Documents required for application

  • 1.Application form
  • 2.Photograph or drawing of the design
  • 3. Design instructions
    It's not mandatory. Please enter any details that cannot be described in the drawings, such as materials, purpose of use, properties, etc. in Thai within 100 characters.
  • 4.Scope of design claims (one item only: one design, one application)
     2 or more claims will not be accepted.
  • 5. Power of attorney
    If you are applying through an agent, a notarized power of attorney is required.
  • 6.Deed of transfer
     Required if the applicant is not the creator.
  • 7.Priority certificate

  • One design, one application
    In Thailand, only one application for one design is permitted.
  • Partial design, related design, secret design, design of set
    Legally, these systems do not exist.
 

Flow after application

Formality examination

After filing, a formality examination will be conducted. In Thailand's formal examination, in addition to the formal requirements, it is also determined whether the design falls under the grounds that the design cannot be registered.

Application publication

Same as for patents.

Objection

Same as for patents.

Examination request system

Unlike patents, there is no examination request system. In other words, a substantive examination will be conducted if there is no opposition or if the opposition is not accepted.

substantive examination

Same as for patents.

 

Term of protection of designs (Article 62 of the Patent Act)

The duration of a design right is 10 years from the date of application in the Kingdom. If there is a lawsuit, the trial period is not included in the term of the design right.

 

 

petty patent

The 1999 revised Patent Law established a petty patent system. Petty patent applications are very popular in Thailand. Suitable for "minor" improvements and applications of conventional products and processes.

 

What are the requirements for registering a petty patent?

A utility model can be registered if the following requirements are met. (Article 65-d of the Patent Act)

(1) It is a new invention

(2) The invention must be industrially applicable.

Unlike patents, inventive step is not considered. The interpretation of novelty and industrial application is the same as for patents.

The following points are also the same as patents.

-Definition of the invention

- Reason for non-registration

- Complete set of application documents, format, contents, submission destination

-Priority claim

However, it is not possible to apply for both a utility model right and a patent for the same invention.

 

Term of protection for petty patents (Article 65-7 of the Patent Law)

The term of a petty patent is 6 years from the date of application in the Kingdom, but if there is a trial, the period of the trial is not included in the term. The duration of the right can be extended twice, once for two years. An application for extension of the period can be made to the relevant official within 1 days before the end of the period.

 

Advantages of petty patents

  • ``Methods'' such as product manufacturing methods are also subject to protection.
  • Since there is no substantive examination, it is possible to obtain rights easily and quickly (only formality examination and grounds for non-patentability are examined).
  • You can reduce the cost of maintaining rights.
  • Since "inventive step" is not taken into account, the possibility that a patent will be invalidated due to lack of inventive step after patenting is granted is significantly reduced.

 

 

Trademark rights in Thailand

What kind of marks can be registered as trademarks in Thailand?

Photographs, paintings, figures, brands, names, words, letters, numbers, signatures, combinations of colors, shapes or shapes of objects, sounds, or combinations thereof.

*Due to the 2016 law revision, sound trademarks were added to the definition of trademarks.

 

Subjects protected by trademark law

Trademarks, Service Marks, Collective Trademarks, Certification Trademarks

 

Main registration requirements

・The trademark must have distinctiveness (Article 7).
・The trademark must not be prohibited under the law (Article 8).
・The trademark must not be the same as or similar to a trademark registered by another party (Article 13).

Distinctive trademarks (Article 7)

A distinctive trademark is a trademark that can be distinguished from other people's products or services. The Thai Trademark Law specifies six types of trademarks that are considered distinctive, and it is especially important that they do not fall under the category of descriptive trademarks. Note that even if a mark itself does not have distinctiveness, it is possible to register a trademark that has acquired distinctiveness through use.
The six types that are said to have discerning power are as follows.

(1) A natural person's name, name, or legal legal entity's name that is not a name as commonly understood, or a trade name that is presented in a special form and does not directly refer to the characteristics or qualities of the product.
(2) A name that does not directly refer to the form or nature of the product and is not a place name as prescribed by the Minister.
(3) Colors shown in special forms, or letters, numbers, or neologisms.
(4) The signature of the applicant for registration, or the signature of a predecessor in business of the applicant for registration, or the signature of another person who has already obtained permission.
(5) The portrait of the applicant for registration or the portrait of another person who has already obtained permission. If the person is already deceased, permission has been obtained from the person's parent, descendant, or spouse.
(6) Modeled picture

 

Trademarks whose registration is not prohibited (Article 8)

 A trademark whose registration is not prohibited means a trademark that does not fall under any of the following.
(1) National Seal, Jade Seal, Imperial Seal, Chakri Emblem, Order, Rank Insignia, Ministries Bureau Emblem, or Prefectural Emblem
(2) Thai national flag, royal flag, official flag
(3) Royal name, imperial name, simplified royal name, simplified imperial name, royal name
(4) Portraits of the king or photographs of the king, queen, heir to the throne, or members of the royal family;
(5) Names, phrases, content, or marks referring to the King, Queen, heir to the throne, or members of the royal family;
(6) Flags or national emblems of foreign countries, flags or emblems of international organizations, royal emblems of foreign countries, official emblems of foreign countries, quality control and guarantee marks for goods, or names and simple names of foreign countries or international organizations. However, this does not apply if permission is obtained from an authorized person of the foreign country or international organization.
(7) Name of official emblem, Red Cross, Red Cross or Geneva Cross.
(8) Same as or similar to medals, awards, warranties, certificates, or other marks awarded at product exhibitions or contests sponsored by the Thai government, government offices, state-owned enterprises, other state agencies, foreign countries, or international organizations. mark. However, this shall not apply if the applicant for registration receives such medals, awards, guarantees, certificates, or other marks for its products and uses them as part of its trademarks. However, in that case, the calendar year in which the award was received must be indicated.
(9) Trademarks that are contrary to public order and morals or designated as boycotted by the government
(10) A trademark that is the same as a trademark that is widely known to the general public based on the principles prescribed by the Minister, or a trademark that is similar to such a trademark and that may cause the public to misunderstand and confuse the owner or source of the product. At this time, it does not matter whether or not it is registered.
(11) Trademarks similar to (1) (2) (3) (4) (5) (6) or (7)
(12) Geographical indications protected by law
(13) Other trademarks prescribed by the Minister.

 

Trademarks that are not identical or similar (Article 13)

 A trademark that is not identical or similar is a trademark that is the same as another trademark that has already been registered by another person, or that causes confusion or deception regarding the ownership or source of the product and the already registered trademark. If a trademark is very similar, but the application for registration is for goods in the same class or goods in different classes with the same characteristics, it cannot be registered as a trademark.

 

Documents required for application

  • 1.Application designation form (Thai) (Gor.01) (Application form) XNUMX original and XNUMX copies
  • 2. XNUMX trademark samples (one pasted on the application documents, XNUMX prepared for submission to the Thai government) The size of the samples must not exceed XNUMX cm in height x XNUMX cm in width. If the trademark is in color, it is necessary to prepare a color trademark.
  • 3. Power of attorney (Gor.18). If you are applying through an agent, a notarized power of attorney is required.
  • 4.Priority certificate (if priority is claimed)

 

About applied trademarks

It is possible to obtain rights by writing both English and the corresponding (homogeneous) Thai word. In this case, it is possible to exercise the right against a third party who uses either English or Thai, but if a third party receives a non-use revocation trial, the trademark owner will be able to use either English or Thai. Since there is no precedent, it is unclear whether or not the use of only one of the words and Thai is recognized as use of the entire trademark. Therefore, if you wish to use the trademark in both English and Thai, we believe it is best to file separate applications.

Regarding the classification of designated goods and services

1 application multiple classification system adopted

*Adopted in the 2016 revision: However, as there are no regulations that allow division, it cannot be divided at this time.

 

Flow after application

Formality examination

After filing an application, a formality examination will be conducted. If there are deficiencies in the formal requirements, a correction order will be issued.

 

Application publication/examination request system

Unlike the case of patents, there is no application publication/examination request system.

 

substantive examination

  • A decision of refusal will be made for trademark applications that do not meet the registration requirements. The applicant may request a trial within 60 days.
  • An amendment order will be issued for applications that require amendment. Applicants may submit amendments within 60 days. On the other hand, if you are dissatisfied with the amendment order, you can request an appeal.
  • If the registration requirements are met, a public notice order will be issued.

 

Examination period

The average time is 10 to 18 months.

If reasons for refusal are issued, it may take more than 18 months.

 

About Fast Track Option

In Thailand, the number of trademark registration applications is increasing and the period from trademark application to registration is becoming longer.
Therefore, from April 2021, a "Fast Track Option" has been launched to speed up the examination.

Steps to apply the Fast Track option
Trademark applications that meet the following three requirements will be automatically examined on a fast track basis, and the first examination results (first action) will be notified six months after filing.

① The number of designated goods (designated services) to be applied for is 50 or less.

② The description of designated goods (designated services) complies with Thai classification customs.
(Thailand Intellectual Property Office website (https://tmsearch.ipthailand.go.th) Select the specified goods/services from )

③ At the time of filing, there is no amendment request to change the details of the owner, such as name, address, assignment, inheritance, or application based on acquired distinctiveness.
(There is no amendment procedure, assignment procedure, or submission procedure for evidence proving distinctiveness. If the above procedures are completed, the registrar will proceed with the examination as usual.)

 

Wei  Ce

If the registration requirements are met, a public notice order will be issued.

There will be an opposition period of 60 days from the date of publication of the application.

 

Registration

If there is no opposition or if the opposition is not approved, a decision will be made to register the trademark, and upon payment of the registration fee, the trademark right will be established and registered.

 

Trademark protection period

・Duration: 10 years from the filing date
・Renewal period: March before expiration to expiration date (there is a period of late payment of June after expiration)

 

Flow from trademark application to registration in Thailand

 

 

Dealing with fraudulent applications in Thailand

Examination stage

・There is no provision regarding "misappropriation" among the reasons for refusal, and the application will not be directly rejected based on the misappropriation of the application.
・Articles 8(9) and (10) of the Trademark Act stipulate that the ownership and source of marks that are contrary to public order and morals, marks that are the same as well-known trademarks specified in the Minister's Notification, regardless of whether they are registered in Thailand, or products are prohibited from being disclosed to the public. This stipulates that marks that include or consist of marks that are similar to trademarks that are likely to cause confusion are to be rejected, and are implemented as falling under these provisions.
・There is no system similar to the provision of information in Japan.

 

Objection

・Considered grounds for opposition (Article 35)
(i) If the opponent has priority rights in the trademark over the applicant;
(ii) the trademark is not registrable pursuant to Article 6;
Example) A trademark that is the same as a well-known trademark or a similar trademark that may cause confusion
(iii) Where the application violates the provisions of the Trademark Law.

 

Cancellation trial before the Trademark Commission

・Reason for request
(i) Lack of registration requirements (Article 61)
(ii) Violating public order and morals (Article 62)
*Article 62 of the Trademark Law stipulates that anyone can request the cancellation of a trademark's registration if it is determined that the trademark is contrary to public order and morals.
(iii) Not to be used (Article 63)
*Misappropriated applications are often not used. If the trademark has not been used for three years prior to the request, the right holder has no intention of using the trademark, and the requester can prove that the trademark is actually not in use, a request for registration must be submitted to the Trademark Board. It is possible to request cancellation.
Although there are no clear standards for proving non-use, the burden of proof is on the requesting party, so in practice it is difficult to approve revocation.

 

filing a lawsuit in court

A decision on a request for cancellation of a misappropriated application can be appealed to the court on the ground that the applicant has a better title. Article 67 provides that an interested party may request the court to cancel the registration within five years from the date of the trademark registration decision, if it can be proven that the interested party has a right that has priority over the trademark right owner. ing.

■Criteria for determining whether or not it is a misappropriated application
*Although there are no clear laws or regulations regarding misappropriated applications, the following judgment factors are provided as guidelines for courts.
① You knew in advance that it was an actual trademark or a well-known trademark
② The trademark is the same as or so similar as to cause confusion with a trademark that is well-known internationally and in Thailand.
③ There is no justifiable reason for the origin of the trademark.
④ The application was filed with the intention of taking advantage of the reputation and well-known trademark of another person.
⑤ The application was filed without the intention of using it.
⑥ Business/business relationship or relationship between the applicant and the trademark owner

 

 

Copyright in Thailand

Copyrighted works are literary, dramatic, artistic, music, audiovisual materials, films, sound recordings, creative works belonging to public transmission, or other creative works of the author within the literary, scientific or artistic sphere. At this time, the method of expression and shape do not matter. Copyright protection does not include thoughts or processes, methods or systems, uses, methods of operation, ways of thinking, principles, investigations, or scientific or mathematical theories.

Although the notification (registration) of rights information and the issuance of its certificate are not requirements for the creation of copyright, they are treated as evidence of rights information in court.

 

Term of copyright protection (Articles 19 to 26 of the Copyright Act)

In principle, the term of copyright protection lasts for the lifetime of the author and 50 years after his/her death. However, there are the following exceptions:

 

  • 1. Copyright in joint works shall last for the lifetime of the joint authors and for 50 years after the death of the last deceased joint author.
  • 2. If the author or all co-authors die before the work is published, the copyright lasts for 50 years from the time of the first publication.
  • 3. Copyrights where the author is a corporation lasts for 50 years from the time of creation by the author. However, if it is made public during that time, it will remain in effect for 50 years from the time it was first made public.
  • 4. Copyright for works created by the author under a pseudonym or anonymously lasts for 50 years from the time of creation. However, if it is made public during that period, it will remain in effect for 50 years from the time it was first made public.
  • 5. Copyrights for audiovisual works, films, sound recordings, or works expressed in sound or pictures last for 50 years from the time of creation. However, if it is published during that period, it will last for 50 years from the time it was first published.
  • 6. Copyright in applied art lasts for 25 years from the time of creation. However, if it is announced during that period, it will remain in effect for 25 years from the time it was first announced.
  • 7. Copyright in works created under employment or order or under the control of Article 14 shall last for 50 years from the time of creation. However, if it is announced during that period, it will last for 50 years from the time it was first announced.

 

Procedure for applying for copyright information notification/certificate issuance in Thailand

 

 

 

 

Anti-infringement measures

Infringement of patent rights and petty patent rights

What is the status of product infringement?

It is the act of manufacturing, using, selling, possessing for the purpose of selling, offering to sell, or importing a patented product without the consent of the right holder (Article 36, Paragraph 1 (1) of the Patent Act).

 

What is the state of method infringement?

This is the act of using a patented method, producing, selling, possessing for the purpose of selling, offering to sell, or importing a product using a patented method without the consent of the right holder. (Article 36, Paragraph 1(2) of the Patent Act)

 

Acts that do not constitute infringement (Article 36, Paragraph 2 of the Patent Act)

  • (1) Acts for the purpose of learning, research, experimentation, or analysis
  • (2) Acts of producing a patented product or using a patented method in good faith before the filing date.
  • (3) The act of dispensing drugs or handling drugs based on a prescription by a professional pharmacist or medical practitioner
  • (4) Acts related to drug registration applications intended to manufacture, distribute, or import patented drugs after the expiration of the patent term.
  • (5) When a ship of a State party to an international agreement or treaty relating to patent protection to which Thailand is a party enters Thai territorial waters temporarily or accidentally, the patent is registered as an essential part of the ship's hull or its appurtenances. Acts of using the subject equipment
  • (6) the structure of an aircraft or land vehicle or its attachments when an aircraft or vehicle of a state party to an international agreement or treaty on patent protection to which Thailand is a party temporarily or accidentally enters the airspace or territory of Thailand; The act of using a device that is the subject of a patent as an essential part of a product
  • (7) Acts of using, selling, possessing for the purpose of selling, offering to sell, or importing patented products manufactured or sold with the consent of the patentee.

 

Infringement of design rights

What is the status of design right infringement?

This is the act of manufacturing a product using a design right, selling a product using a design right, possessing it for the purpose of sale, offering to sell it, or importing it without the consent of the right holder. However, there is an exception to infringement provisions for the act of using design rights for learning or research purposes. (Article 63 of the Patent Act)

 

Trademark infringement

What is the status of trademark infringement?

  • 1. Act of using a trademark, service mark, certification trademark, or collective trademark in goods or services for which the trademark is registered without the consent of the trademark owner (Article 44 of the Trademark Law)
  • 2. Act of counterfeiting another person's registered trademark, service mark, certification trademark, or collective trademark (Trademark Law Article 108)
  • 3. Acts of imitating other people's registered trademarks, service marks, certification trademarks, or collective trademarks in a manner that causes misunderstandings (Article 109 of the Trademark Law)
  • 4. Importing, selling, offering to sell, or possessing for the purpose of selling products bearing a forged or imitated trademark, service mark, certification trademark, or collective trademark of another party (Article 110(1) of the Trademark Law)
  • 5. Providing services or offering services using a forged or imitated service mark, certification trademark, or collective trademark of another person (Article 110(2) of the Trademark Law)

 

Acts that do not constitute infringement

(1) Acts of using a first name, surname, or business address in good faith, or using these in a predecessor's business in good faith, or using descriptions of the nature or quality of a product in good faith (Article XNUMX of the Trademark Law)

(2) Parallel import (Supreme Court Judgment No. 2817/2543 (2000))

 

copyright infringement

What is the status of copyright infringement?

The state of copyright infringement can be divided into direct (primary) infringement (Articles 27-30 of the Copyright Act) and indirect (secondary) infringement (Article 31 of the Copyright Act).

 

direct infringement

1. Copyrighted works without the consent of the copyright holder
 (1) Acts of copying, adapting, translating, or adapting
 (2) Acts of communicating (including communication) to the public (Article 27 of the Copyright Act)

2. Copyrighted audiovisual works, film works, sound recordings (sounds and images), and computer programs without the consent of the copyright holder.
 (1) Reproduction, adaptation, translation, adaptation
 (2) Communication to the public (including communications)
 (3) Act of lending the original or copy (Articles 28 and 30 of the Copyright Act)

3. Do not use copyrighted works with sound or images without the consent of the copyright holder.
 (1) Production of all or part of an audiovisual work, a cinematographic work, a sound recording work, or a work with sound or image;
 (2) Rebroadcasting (duplication) of all or part of an audiovisual work with sound and video;
 (3) Making an audiovisual work with sound or video available to the public for the purpose of receiving compensation (Article 29 of the Copyright Act)

 

Indirect infringement (Article 31 of the Copyright Act)

Use the copyrighted work for commercial purposes knowing that it is infringing the copyright.
 (1) Sale, possession for the purpose of sale, offer to sell, loan, offer to lend, installment sale, offer to sell in installments
 (2) Communication to the public (including communications)
 (3) Acts that cause damage to the author by distribution;
 (4) Import for sale purposes

 

Conditions that do not constitute copyright infringement

1. The following acts that do not profit from another person's copyright, do not know the author of the work, and do not affect the rights and interests of the author are not considered copyright infringement. (Article 32 of the Copyright Act)

  • (1) Analysis and research of copyrighted works
  • (2) Personal use
  • (3) Criticism and introduction of works
  • (4) Providing information on copyrighted works through mass media
  • (5) Use of reproduction, adaptation, display, etc. for legal acts such as trials
  • (6) Use of reproduction, adaptation, exhibition, etc. for teacher education
  • (7) Distributed, edited, or summarized by a teacher or educational institution to students within the educational facility.
  • (8) Used as part of exam questions and answers

2. Acts of talking about, extracting, cutting out, copying, or quoting limited parts of a copyrighted work (Article 33 of the Copyright Act)

3. Copyrighted materials are used by librarians for non-commercial purposes.

  • (1) Copying for use within the library or providing to other libraries;
  • (2) Acts of copying reasonable personal parts for research or research purposes (Article 34 of the Copyright Act)

4. The following acts for non-commercial purposes regarding copyrighted computer programs (Article 35 of the Copyright Act)

  • (1) Research and education
  • (2) Personal use
  • (3) Criticism introduction
  • (4) Information provision through mass media
  • (5) Duplication for maintenance or backup purposes
  • (6) Reproduction, modification, etc. for legal acts such as trials
  • (7) Use as part of exam questions and answers
  • (8) Modifications necessary to use the program
  • (9) Acts of copying for research purposes in the public interest

5. The act of performing a theatrical work or a musical work for the purpose of communicating to the public by an association, foundation, or other organization for charitable, educational, religious, or welfare purposes for non-profit purposes and without remuneration (copyright law). Article 36)

6. Displaying works of art or architectural works in public places, drawings, paintings, architecture, prints, plastic statues, sculptures, printing, photographs, movies, video broadcasting, or similar acts (Article 37 of the Copyright Act) , Article 38)

7. Broadcasting photos, movies, videos of works of art, or similar acts (Article 39 of the Copyright Act)

8. If the authors of an artistic work do not jointly own the work, the authors may continue to use the knowledge gained from the creative activity of the original work without reproducing the original work or reproducing substantial parts of it. The act of creating a copyrighted work (Article 40 of the Copyright Act)

9. Regarding architectural works, the act of restoring the building to its previous state (Article 41 of the Copyright Act)

10. After the term of protection for a cinematographic work has expired, communication of the cinematographic work to the public (communications (Article 42 of the Copyright Act)

11. Act of reproducing a government-owned work by an authorized official or by order of such official (Article 43 of the Copyright Act)

 


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