Intellectual Property (IP) plays a vital role in today’s knowledge-driven economy, enabling creators and businesses to protect their innovations, brands, and creative works. In Thailand, as in most countries, IP laws are designed to encourage innovation while safeguarding the rights of creators and inventors. Understanding the different types of intellectual property in Thailand is crucial for individuals, entrepreneurs, and companies operating in the Thai market or seeking to expand into the region.
Thailand is a member of the World Trade Organization (WTO) and a signatory to the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which requires member countries to provide minimum standards for IP protection. The country is also part of several international IP conventions, such as the Paris Convention and the Berne Convention. These commitments have helped shape Thailand’s legal framework for protecting intellectual property.
Below is an overview of the main types of intellectual property in Thailand, including their legal basis, registration procedures, and the rights they confer.
1. Trademarks
A trademark is a sign, symbol, word, or combination thereof used to distinguish goods or services of one entity from those of others.
Legal Basis:
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Trademark Act B.E. 2534 (1991), amended in 2000 and 2016
Types of Trademarks:
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Word marks
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Logos
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Devices
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Three-dimensional marks
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Collective marks and certification marks
Protection:
Trademarks must be registered with the Department of Intellectual Property (DIP) under the Ministry of Commerce. Once approved, a trademark is valid for 10 years and can be renewed indefinitely in 10-year increments.
Benefits:
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Exclusive use of the mark in Thailand
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Right to take legal action against infringers
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Asset for licensing or franchising
Note:
As of the 2016 amendment, sound marks are also eligible for registration, reflecting Thailand’s efforts to modernize its IP laws.
2. Patents
A patent grants exclusive rights to inventors for their inventions, preventing others from making, using, or selling the invention without permission.
Legal Basis:
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Patent Act B.E. 2522 (1979), as amended
Types of Patents in Thailand:
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Invention Patents: For new and industrially applicable inventions with inventive steps.
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Petty Patents: For inventions with lesser inventive steps (simplified and quicker process).
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Design Patents: For ornamental aspects of a product (e.g., shape, configuration).
Duration of Protection:
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Invention patents: 20 years
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Petty patents: 6 years, renewable twice (up to 10 years)
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Design patents: 10 years
Application Process:
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File an application with the DIP
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The invention must be new, involve an inventive step, and be capable of industrial application
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Patents must not be contrary to public order or morality
Benefits:
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Exclusive commercial rights to the invention
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Ability to license or sell the patent
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Legal grounds to stop unauthorized use
3. Copyrights
Copyright protects original literary and artistic works, including books, music, software, films, and photographs.
Legal Basis:
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Copyright Act B.E. 2537 (1994), most recently amended in 2022
Protected Works:
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Literary works (books, software, websites)
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Artistic works (paintings, drawings, sculptures)
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Musical works (compositions and lyrics)
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Audiovisual works (films, videos)
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Performances and broadcasts
Duration of Protection:
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Lifetime of the author + 50 years
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For juristic persons (e.g., companies): 50 years from creation or publication
Registration:
In Thailand, registration is not required to gain copyright protection. Protection is automatic upon creation of the work in a fixed form. However, voluntary registration is available and can help with enforcement and litigation.
Benefits:
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Right to reproduce, distribute, and display the work
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Protection against plagiarism and unauthorized use
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Monetization through licensing or royalties
4. Trade Secrets
Trade secrets refer to confidential business information that provides a competitive edge, such as formulas, methods, or customer lists.
Legal Basis:
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Trade Secrets Act B.E. 2545 (2002)
Requirements:
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Information must be secret, commercially valuable, and subject to reasonable steps to maintain secrecy
Duration:
Protection lasts as long as the information remains secret and continues to hold commercial value.
Registration:
No formal registration is required. However, businesses must take steps to protect the secrecy, such as using non-disclosure agreements (NDAs) and internal security protocols.
Benefits:
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Legal protection against misappropriation or breach of confidentiality
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Flexibility, as trade secrets can be protected indefinitely
5. Geographical Indications (GIs)
Geographical indications identify products as originating from a specific location, where a given quality, reputation, or characteristic is essentially attributable to its geographic origin.
Legal Basis:
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Geographical Indications Protection Act B.E. 2546 (2003)
Examples:
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“Phuket pineapple”
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“Chiang Mai coffee”
Registration:
GIs must be registered with the DIP. Foreign GIs can also be registered if they are protected in their country of origin.
Benefits:
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Protects regional products and traditional knowledge
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Prevents misuse or imitation
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Adds marketing and export value
Enforcement of Intellectual Property Rights
Thailand has made significant efforts to improve IP enforcement, including establishing the Central Intellectual Property and International Trade Court. IP owners can take legal action through:
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Civil litigation for damages and injunctions
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Criminal prosecution for counterfeiting or piracy
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Border control measures, where customs officials can seize counterfeit goods
Moreover, Thailand has implemented mechanisms for online enforcement against digital piracy and infringement, reflecting the growing importance of IP in the digital space.
Importance of IP Protection in Thailand
For Local Creators:
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Encourages innovation and creativity
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Provides legal and commercial incentives
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Helps small businesses grow by leveraging their intangible assets
For Foreign Investors:
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Protects brand identity and proprietary technologies
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Ensures compliance with Thai and international laws
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Facilitates licensing, franchising, and joint ventures
For the Economy:
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Strengthens Thailand’s global competitiveness
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Supports knowledge-based industries like tech, design, and entertainment
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Attracts foreign direct investment (FDI) by offering legal IP protections
Conclusion
Intellectual property rights in Thailand are governed by a modern and evolving legal framework that supports the protection of trademarks, patents, copyrights, trade secrets, and geographical indications. Whether you are a local entrepreneur, a multinational company, or a creative individual, understanding the types of intellectual property and their protections is crucial for safeguarding your innovations and gaining a competitive edge.
