Intellectual Property

in Thailand

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. 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?

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.

What kind of evidence is required to prove the repayment of a loan?

Written evidence signed by the lender must be provided to the court, or it must be shown the document evidencing the loan has been surrendered to the borrower or cancelled.

What kind of works are protected by The Copyright Act?

• Literary work: books, writings, publications, journals, including all types of lectures, speeches and computer programs
• Dramatic work including dancing and shows performed through stories
• Artistic work including drawings, sketches, paintings, sculptures, photographic, illustrative work, maps
• Musical work including lyrics and melodies
• Sound recordings Audio/video works, including music videos
• Sound and video broadcasts
• Cinematic works, including features

What if no particular interest rate is specified?

If it is agreed in a contract for a loan of money that interest is payable, but no rate is specified in the contract, the court will order that the parties agree to the rate of 7.5% per year, a rate which is prescribed by law.

What if no particular interest rate is specified?

If it is agreed in a contract for a loan of money that interest is payable, but no rate is specified in the contract, the court will order that the parties agree to the rate of 7.5% per year, a rate which is prescribed by law.

Can a loan be repaid in a form other than money?

Assuming a loan is made for a sum of money and the lender accepts goods or other property for the repayment of the loan, the amount of the debt repaid will be considered by the court to be equal to the market value of such goods or property at the time and place of delivery. Equally, if a borrower accepts goods or property instead of a sum of money, the amount of the debt will be considered in precisely the same way: the market value at the time and place of delivery.