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 of potential conflict inherent in […]
Publications
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 "Swiss-type claim" or "Swiss-type of […]
Thailand - Nestlé Geometric Mark Rejected
The terms chocolate and malt drink immediately conjure up images of Nestlé’s popular beverage Milo. The drink has been so popular that the company often projects very large market share figures. Although the beverage itself and the term Milo have been used for over half a century, the evolution of the brand and the logo […]
Thailand - Record Your Well-Known Mark
Thailand is one of the few jurisdictions that provides a mechanism for the protection of well-known marks. The mechanism is a relatively straightforward recordation, resulting in enormous savings (not just monetary but also in terms of time). The Trademarks Act confers protection for well-known marks, but lacks teeth. It was only in 2005 that the […]
Thailand - An invention filed as a design: Dcon concrete planks
In many countries, IP law affords separate protection to functional and non-functional aspects of a newly developed product. While novelty in function (a new invention) is covered by patent law, newness in aesthetics and other superficial features are protected by design law. However, in Thailand, IP protection for functional and design aspects is not mutually […]
Thailand - Valuable Precedent For Trademark Hijacking
Thailand has, over the past few years, been plagued by increasing instances of trade markhijacking. This involves registration of a famous international trade mark (or a very similar looking mark) by a local business, beating the mark's rightful owner in the race to the Registrar's office. Afraid to get shut out of the market, the […]
Thailand finally accedes to Paris Convention
Thailand ratified accession to the Paris Convention and the Patent Cooperation Treaty (PCT) on 10 January 2008. The legal instrument of accession to the Paris Convention for the Protection of Industrial Property was submitted to the WIPO on 2 May 2008, thus Thailand became bound by the Paris Convention on 2 August 2008, bringing the […]
Thailand - Claim Amendment under the Thai Patents Act
The scope of protection of an invention is defined by its patent claims in the patent. The applicant should therefore ensure that his invention is properly described and comprehensively claimed, in order for the applicant's rights to be well protected. Consequently, the applicant shall take all necessary actions to amend the claim(s) in the earliest as […]
Thailand Supreme Court Limits Patent Protection for New Use Claims
Article 27 of the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides that "the patent shall be available for any invention, whether products or processes, in all fields of technology provided that they are new, involve an inventive step and are capable of industrial application." Based on this provision, […]
Thailand - FIFA World Cup
Copyright in Thailand "It's Offside!" - Broadcasters cry foul amidst football frenzy In this year of the FIFA World Cup, it can be reasonably expected that commercial establishments across the globe would try to cash upon the popularity of the event by screening matches at their outlets in order to increase their clientele. But whether […]