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Thailand (35)

Court Cases Cast Doubt On Well-Known Status

Despite guidelines from the Thai Courts on determining the identicalness and confusing similarity between trade marks seeking registration and prior marks: one statutory provision remains unclear. The Thai Trademarks Act’s prohibition of marks identical or confusingly similar to well-known marks, Section 8, read with Section 8 (10) provides that: “A…

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Trademark

Can You Register A Functional Design?

Registration of designs in Thailand is governed by the Department of Intellectual Property and the Thai Patent Act. There are lacunas in the Act design patents, especially where it proves difficult to draw the line between invention patents and design patents. Section 3 of the Act merely provides that a…

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Decisions Confirm High Standard For Non-Use

A common fear among trade mark proprietors, particularly those with bigger, wider portfolios is that they might lose their title by not using registered mark. Thai Law does not require use of a Trademark per se to maintain registration, nor does any statement of use certifying that the trade mark…

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Mediation Achieves Impressive Success Rate

Litigation in Thailand has often been stigmatised as lengthy, expensive, cumbersome and convoluted. Indeed, the weight of this fear burdens not so much the infringers of IP rights but, disproportionately more in fact, brand owners themselves. Where litigation in Thailand has revealed many shortcomings, it has been cast away as…

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Trademark System In Thailand

What is the law that regulates trademarks in Thailand? The Trade Mark Act B.E.2534 as amended by the Trademark Act (No.2) B.E.2543 is in force currently and governs trademark matters. What is the office in charge of trademarks in Thailand? Trademark rights are acquired on the basis of proper registration…

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Thailand Enforces Its Marks

Among the Asian brands that are gaining worldwide fame are: Sony (Japan), Cathay Pacific (Hong Kong), Singapore Airlines (Singapore), San Miguel (Philippines), Wipro (India), Red Bull and Singha Beer, both from Thailand. Every IP strategy starts with a solid trade mark registration portfolio. For example, one of the well-known marks…

Classification Of Controlled Cosmetic Products

The Thailand Cosmetic Act protects consumers of cosmetics and categorizes cosmetics into specially controlled designations. According to the Cosmetic Act of 1992, the focus of the regulation has been changed from pre-marketing activities to post-marketing activities, originating from the perception that utilisation of technical requirements and practice of good manufacturing…

Curbing The Counterfeiters

While Thailand has been on the Priority Watch List of the Office of the USTR Special 301 Report since 2007, the Royal Thai government has remained steadfast in its commitment to stronger protection and enforcement of Intellectual Property rights. The Special 301 Report has noted the positive actions undertaken by…

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Counterfeit

The End of “Swiss-type” Use Claims in Thailand

In a recent Decision No. 1/2533, the Thailand Board of Patents has considered the subject matter of Patent Application No. 0201003643 entitled "Method for Treatment of Hepatitis C Virus" as a method of treatment and rejected the application despite that the claims were amended to a "Swiss-type" use format. A…

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Still Register Your Licence Agreement

The recordal of a licence is mandatory under the Thai Trademark Act. However, in practice, the need to register is often willfully ignored by the trade mark owners, who find the requirement burdensome. With foreign companies, that lack of awareness is often the key reason behind non-compliance, exacerbating the risk…

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