INTELLECTUAL PROPERTY RIGHTS IN THAILAND

The Trademark Act B.E. 2534 (A.D. 1991) - is the primary law governing the mechanism of trademark registration and protection in Thailand.
A trademark application can be filed offline with the Trademark Office or online through the Department of Intellectual Property.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
Thailand is not a party to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. However, the Trademark Office adopts the Nice Classification (11th Edition) as the guideline in examining the specification of goods. Certain kinds of products under the Nice Classification are not acceptable to the Trademark Registrar and need to be specified with more specific items of goods. Class headings or broad terms are not allowed.
The third parties can file opposition actions against a trademark application within sixty (60) days from the date of publication of the trademark application.
In Thailand, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is three (03) years from the date of registration.

Thailand is a member of the Paris Convention for the Protection of Industrial Property.
The Patent Act B.E. 2522 (1979) - deals with the mechanism of patent protection in Thailand.
For seeking patent protection in Thailand, an application has to be filed with the Department of Intellectual Property, which administers the entire process of patent grant.
In Thailand, an invention that satisfies the conditions of novelty, non-obviousness, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Any interested party may, within ninety (90) days from the date of publication of the application, file an opposition against it.
Patents last for twenty (20) years in Thailand. The first annuity should be paid within sixty (60) days from the beginning of the 5th year of the patent validity term if the patent has already been issued. If the patent in Thailand is granted at the beginning of the 5th year from the date of application, the first annual fees must be paid within sixty (60) days from the grant of the patent.

The Patent Act B.E. 2522 (1979) - governs and deals with the mechanism of registration of industrial designs in Thailand.
For getting an industrial design registered in Thailand, an application has to be filed with the Department of Intellectual Property, which administers the entire process of registration.
The types of industrial design applications that can be filed in Thailand include Non-Convention Application and Convention Application.
Opposition against an industrial design application can be filed within ninety (90) days following its publication in Thailand.
The industrial design registration term in Thailand is ten (10) years from the date of filing. The first maintenance fees must be paid at the beginning of the 5th year of the patent validity term. If the design patent is granted at the beginning of the 5th year, the maintenance fees must be paid within sixty (60) days from the date of the patent grant.
There is a grace period of six (06) months for the late renewal of a registered industrial design along with a surcharge.

Thailand is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Act B.E. 2537 (1994) - is the basic legislation governing copyright protection in Thailand.
In Thailand, copyright comes into existence as soon as the work is created. There is no need for registration. However, copyright can be registered with the Department of Intellectual Property.
The standard term of protection is the life of the author plus fifty (50) years after his death.
With a work of joint authorship, copyright subsists for the life of the joint authors and for fifty (50) years after the death of the last surviving joint author.
Copyright in pseudonymous or anonymous author subsists for fifty (50) years from authorship; if the work is published during such period - copyright subsists for fifty (50) years from the first publication.
Copyright in a photographic work, audiovisual work, cinematographic work, sound recording, or audio and video broadcasting work subsists for fifty (50) years from authorship; if the work is published during such period, copyright subsists for fifty (50) years from the first publication.
Copyright in a work of applied art subsists for twenty-five (25) years from authorship; if the work is published during such period - copyright subsists for fifty (50) years from the first publication.