table of contents
1. XNUMX.Introduction
Below you will find useful information for protecting your design rights in Thailand.
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2. Design rights in Thailand
What is a design?
Under Thai patent law, a design is the shape, pattern, or color of an article that has special characteristics that enable it to be used as an industrial product, including an art piece (Article 3 of the Patent Law).
What are the requirements for registering a design?
Designs that can be applied for as design registrations are (Patent Law, Article 56)
(1) It is a new design
The following designs are deemed to lack novelty (Article 57):
① Designs that already exist or are widely used in the Kingdom before the design registration application date (priority date).
② An industrial design the shape, essential parts and details of which have been disclosed in a document or publication circulating in the Kingdom or abroad prior to the filing of the application for industrial design registration (priority date).
(28) A design that has been published under Article 65, to which Article XNUMX applies 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.
Designs for which design rights cannot be obtained (Article 58)
(1) Designs that harm public order and morals.
(2) Designs stipulated by Royal Ordinance
Documents required for application
- Application
- Photographs or drawings of the design
- Description of design
It is not mandatory. Anything that cannot be described in a drawing, such as the material, purpose of use, properties, etc., should be written in Thai within 100 characters. - Design claims (only one item: one design, one application)
More than two claims will not be permitted. - power of attorney
If you are applying through an agent, a notarized power of attorney is required. - Transfer certificate
Required if the applicant is not the creator. - 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. - If the application satisfies the formal requirements and is deemed to be registrable, it will be ordered to be published.
- Objection
Any interested party may file an opposition within 90 days from the publication date of the application. - There is no system for requesting review. Substantive review is conducted when no objection is filed or when an objection is denied.
- substantive examination
It is based on novelty and creativity.
Duration of protection for designs (Article 62)
The duration of a design right is ten years from the date of filing of the application in the Kingdom.
3. Treaties
The status of membership in the main treaties is as follows.
treaty of paris | WTO agreement | hague agreement | Locarno Agreement |
Join | Join | Not a member | Not a member |