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Doing Business in Thailand - Intellectual Property

Thailand recognizes, accepts, and protects the following as intellectual properties.

(a) Trademark or service mark, which according to the Trademark Act B.E. 2534 (1991) as amended by the Trademark Act (No.3) B.E.2559 (2016), means a mark used or proposed to be used on or in connection with goods or services to distinguish the goods or services bearing the trademark or service mark of the proprietor of such mark from goods or services under another person’s trademark or service mark.  
Certification mark means a mark used or proposed to be used by the owner on or in connection with goods or services of another person to certify the origin, composition, method of production, or quality.
Collection mark means a trademark or service mark used or proposed to be used by companies or enterprises of the same group, association, or organization.
Under the same Act, “mark” means a photograph, drawing, invented picture, brand, name, word, phrase, letter, numeral, signature, group of colors, shape or three-dimensional object, sound, or any combination of these items.
Trademark is legally protected by registration system. Term of trademark protection is 10 years from the filing date which is renewable every 10 years. 

(b) Copyright, which pursuant to the Copyright Act B.E. 2537 (1994) as amended by the Copyright Act (No.3) B.E. 2558 (2015), means exclusive right to do anything under this Act in connection with the work created by the author. Copyright protection is automatic and no registration is required. However, recordation of copyright at the Department of Intellectual Property will be helpful as evidence of ownership in any litigation that may arise.
According to Copyright Act, “work” comprises of literary work, computer program, dramatic work, artistic work, musical work, audiovisual material, cinematograph film, and sound recording.  Under the law, “author” refers to the person creating or causing the creation of any work qualified to gain copyright under the Act. However, like any other copyright law in other countries, Thailand also grants neighboring right to the performer which refers to the actor/actress, musician, singer, dancer, and anyone acting, singing, speaking, playing according to his/her role or in any other description.
Copyright will exist for the lifetime of the author with an additional 50-year period after the author’s death. In case of juristic person, copyright will exist for 50 years after the work is first published. 

(c) Patent, which pursuant to the Patent Act B.E. 2522 (1979) amended in B.E. 2542 (1999) means letter issued to protect the invention or product design as determined in this Act. Patent is legally protected by registration system. Terms of patent protection are (i) 20 years from the filing date for patent invention, (ii) 10 years from the filing date for product design, and (iii) 6 years from the application date for petty patent which can be renewable twice for 2 years of each.

(d) Trade Name means a name used in trading or doing business

(e) Trade Secrets, which according to the Trade Secrets Act B.E. 2545 (2002) amended by the Trade Secrets Act (No. 2) B.E. 2558 (2015), means trade information not generally known to the public or not accessible by person(s), who basically deal with such information; however, such information shall have trade benefit due to its confidence and it shall be kept confidential by proper measurement employed by the controller of such trade secrets.

(f) Integrated Circuit, which according to the Protection of Layout-Design of Integrated Circuits Act B.E. 2543 (2000), means arrangement of electrical circuit in semi-conductor or superconductor material such as an electrical part called IC.


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