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Intellectual Property Disputes in Thailand |
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How are intellectual property rights protected in Thailand? |
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Intellectual property rights are protected by the granting of patents and the registration of trademarks (including service marks, collective marks and certification marks). In addition, the law protects certain types of work as defined in the Copyright Act.
What kind of rights are conferred by a patent? |
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The primary right conferred by a patent is that, subject to certain exceptions, no other person shall have the right to produce, possess, process or sell a protected product or apply a patented process. The Patent Act provides criminal penalties for the infringement of patents.
What kind of rights are conferred by a trademark? |
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Anyone registered as the owner of a trademark has the exclusive right to use the trademark and the right to initiate legal proceedings to either prevent or stop others from using the mark, or to seek damages for using the mark. The Trademark Act provides criminal penalties for the infringement of trademark.
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What kind of works are protected by The Copyright Act? |
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Literary work: books, writings, publications, journals, including all types of lectures, speeches and computer programs
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Dramatic work including dancing and shows performed through stories
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Artistic work including drawings, sketches, paintings, sculptures, photographic, illustrative work, maps
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Musical work including lyrics and melodies
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Sound recordings
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Audio/video works, including music videos
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Sound and video broadcasts
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Cinematic works, including features
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What kind of rights are conferred by copyright? |
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The owner of a copyright is entitled to the following exclusive rights:
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The right to reproduce or make adaptations of the work
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The right to disseminate the work to the public by any legal means
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The right to let the work
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The right to vest in others the benefit of the copyright
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The right to license rights in the work
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Are foreign copyrights protected in Thailand? |
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Assuming the work originates from a country that is a member of the World Trade Organisation, the work is automatically protected under Thai law.
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Does a copyright need to be registered? |
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Unlike patents or trademarks there is no formal procedure or application process to acquire copyright protection. It is, however, advisable to register the copyright with the Department of Intellectual Property in case legal action needs to be taken for infringement.
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What kind of remedies are available for the infringement of copyright? |
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Both civil and criminal remedies are available:
Criminal: A copyright holder may bring criminal charges by way of a direct complaint to the Court or by filing a complaint with the police.
Civil: A copyright holder may apply to the Court for any of the following:
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