AS a member of the World Trade Organisation (WTO), Thailand recognises several broad categories ofntellectual property rights including: copyright, patents, trade marks and layout designs of integrated circuits.Thai law also protects certain confidential information under the Trade Secrets Act B.E. 2545 (2002)，athough thisinformation is not strictly regarded as intellectual property.
A. Copyright
The author of a copyighit work, iruspective of the modea r for of its expression, is automatically protced ActB.E. 2537 (1994) As a signatory to the Berne from the date of the creation of such work under the CopyrightActB Conventon and the Agreement on Trade Related Appects of ntleltualPiopet Rights(TRIPS). Tallandiobliged to protect the copyight of authors belonging to other signatory natie tonitie owne
Athough here s no equrement lor rgtatont n s rcommended hat he owner of a cpyiont houldotty the Depatment of elletual Propety of ther cpyight in a work This acts as the best evidence toprove therrnghts over the coprightorkithere is a legal dispute about its ownership. wners Such notifcation does not, however,provido any night n itsolt adapt lion, assignment and communication
The owner of he copyighthas exdusve ights of oproductionor adaptation,assgnme to the pubic The term of copyright protection exists during the ietime of the author and Cninustoaxistfor5oyears after the death of the author,
The owner of the copyight may icense or assign their excusve rights in the copyright work to any person.Such icensing or ssigning mustbe made in wrting but S not rquired to be egistered with the Copyight Disionof the Department of nellectual Property However, t is advisable to noty the Department in respectof iensingand assigning.
B. Patents
Patents are protected under the PatentActB.E. 2522 (1979) There are three kinds of patents which areprotected under the Patent Act, namely: invention patent, design patent and petty patont. To enjoy protection, theowner of the patent must apply for registration.
a) Invention patent一For an invention to qualiy for an invention patent, it must be a new inventlon. have aninnovative step and be applicabl for industy The invention patent is valid for 20 years from the dato of fling andit cannot be renewed.
The patentee or applicant has the right to use the patent process to produce, use, offer for sale and importproducts made using the patented process into Thailand.
b) Design patent- For a design product to quality for a design patent, it must be a new industrial or handicatdesign. The design patent is valid for 10 years from the date of fling the patent in Thailand. Design patents cannotbe renewed.
The patentee has the exclusive right to use the design patent, offer the design patent for sale, or importproducts made using the design patent into Thailand, unless the design patent is used for education or researchpurposes.
c) Petty patont- For an invention to qualify for a potty patent it must be a new invention and be applicablefor industy The pelty patent is vlid for six years from the date of fling for a petty palent in Thalland The peltypatenteo may apply for renewal of the petty patent twice for an extension period of two years.
The patentee ofa patent design patentor petty patent registered in Thailand is entiled to license or assignits patent to any person. Such icensing and assigning must be made in writing and registered with the PatontExaminer of the Department of ntellectulal Property.
C. Trademarks and Service Marks
The ownerof the tademark is polected under the Trademark Aat B.E.2534 199) The aplicnt enjos the ight to apply for shape or cnfguation of products, text and colour combination asa trademark or sericemark TheAdt definesa tademarkasa symbol used or proposed to be used on or in cnnection with godo 1o dstinguish the goods from goodd of another person. The dlfnition of trademark ppls 1o service maks,certfication marks and collective marks (mark).
To rnioyprolecion,the ownerof the tadearservce mark must pply for rgistration with the Trademank Ristrchereieredrarsiswidloloyear rom the dato of plicton and canbe renewed. Bolro ing eadralcalionademard sach should bcarned out 10 stabish nether here are simia o denial trademak pltionin which have ben fled or egsterd prior t0 the urent aplicaionn
The owner of he eisetedrarhasanaxusweraghtousotlt mank orgrant icence 10 oher persons ou the makor as Btothirdpory Such cnaigandad sging must bo mado n wting and B0 ogsetee wi he Tadon Regstrar. Anownermay ntatle legal action against a party who couterdtso r Imitates the registered dmark or ustitout prission Vltoromaybe solibl for aielyof hnialalfeneite H henerenertetentaeloloingd ogal acton ganat pdrndechescosumrtew falsely causing hemtoelleve hat a product was manfacuredby the owner of the unregistered mark.
D. Layout-Designs of Integrated Circuits
The owner of a layout-design is protected under the Protection of Layout-Designs of Integrated Circuits Act BE 2543(2000) uponregistrationand issuance of a layout-design certificate. The Act defines the layout-design as any patem, ayout or image, however it appears, in any form or method, made for the purpose of displaying anThe layout-design must be registered in order to be protected.
The protection of the layout-design is valid for years from the date of filing the application for registration or the date of commercial exploitation (whichever is he earfor). whether within or outside Thaland. The layout-design must be registered within two years of the date of commercial exploitation. if the layout-design has neither been registered nor exploited within 15 years of its n,s wil not be elg ble for reg stration in Thailand
The layout design designer has the exclusive right to reproduce the layout-design protected under the Act andmeir layout-design nights. Such licensing and assigning must be made in writing and be registered with the Director General of Department of Intellectual Property
E. Trade Secrets
Trade informaton (ncluding the method or process of producing information, price list information, client database, etc.)is of significant commercial value and the owner of such information (Trade Secret") will wish to uep nis nformaton as secret as possible for the protection of their business
The Trade Secret Act B.E. 2545(2002) defines the term"trade secret as meaning trade information which s not as body or in the precise configuration and assembly of its components, generally known among or readily access be to persons withinthe circles that normally deal with the kind of information in question
Moreover such trade information must have commercial value because it is secret and has been subject to rable steps, by the person lawfully in control of the information, to keep it secret mer control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to 6,n.on by written contract and such Trade Secret can be inherited by an heir of the owner rade Secret to nonest commercial practices. In addition the owner of a Trade Secret may assign their rights to the Trade Secret to4. g owner of the Trade Secret is entitied to claim against a person who commits an offence by bringing a case P&nT Court, within three years from the date of the wrongful act and the identity of the person committingThe IP&T Courtmay order the defendant to pay an indemnity and, possibly, an amount equal to the profit that was ade as a result of using the Trade Secret, to the owner of the Trade Secret. In addition, the owner of the TradeSecrets entitled to solicit the IP&IT Court to issue an injunction to order the wrongdoer to cease performing thewrongful act Any act against the Trade Secret of another person will be deemed not to be an infringement of the Trade the Trade Secret has be a ed or used by a duly authorised person without knowing of an infringement b) Dadosed or used by govemment agencies which keep such Trade Secret in order to 0) protect the health and security of the public, or () protect the public interest without commercial purpose
The owner of a Trade Secret enjoys the rights in the Trade Secret forever unless the Trade Secret has been Citdosed. There is no requirement for the owner of a Trade Secret to reg ster the secret
F. Protection of Geographical Indicator
The Protection of Geographical Indicator Act B E: 2546 (the PGI Act) extends the protection of geographicaltrom specific areas or where the reputation, characteristic and quality are recognised across the country
The objective of the PGI Act is to prevent any public confusion conceming the quality and place of origin of a product and to assist the consumer in distinguishing one product from another. Additionally, the PGI Act prohibits the misuse of descriptions of products which have no connection with a geographical area
A geographical indicator is a geographical name used on a particular product indicating the place of origin of the product which directly causes the products to have special characteristics, quality and good reputation.Theas an area of a country boundary, region or locality incuding the sea, lake, river, waterway, island, mountain or other area of the same character. The geographical indicator is eligible for registration with the DepartmerntdIntellectual Property if it is not a common name for the product and is not against public order and good moralopublic policy.
The manufacturers, traders or business operators of the products bearing the geographical ind Cator whihreside at the geographical areas, or the consumer entity using a geographical indicator can register the prolectionof the indicator. This becomes effective on the date of the application.
G. The Intellectual Property and International Trade Court
The Intellectual Property and International Trade Court Establishment Act (the IP/IT Act) was introducednOctober 1996. The IPIT Act sets out the framework for the ntellcual Property and Intemational Trade Court(teIP/IT Court), which was establishedon 1 December 1997.
The IP/IT Court has exclusive jurisdiction over intellectual property and international trade cases coveringsuch subject matter as copyrights, trademarks, patents, trade secrets, international sales, financial instumerts,and intemational carriage of goods, among others, and is responsible for both civil and criminal cases.
网友评论