Thailand has always been a difficult jurisdiction for trademark protection. A key reason has been the unique practice of determining conflicting marks not only on the basis of phonetic and visual similarities, but on account of their transliteration in the Thai language as well. For example, KIRIN and KIRAINE. Moreover, even though the Nice Classification […]
Publications
ASEAN Launches Patent Cooperation Programme
Countries from the Association of Southeast Asian Nations have embarked on their first regional cooperation in Intellectual property, specifically in patents, by introducing ASEAN Patent Examination Co-operation (ASPEC). There are eight participating IP offices from: Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand and Vietnam. Once a search and examination report is issued by any […]
Thailand - Patent on Traditional Knowledge (Pueraria Candollei) – Thai Supreme Court Decision No. 4783/2549
Pueraria Candollei (also known as Peuraria Mirifica), commonly known as Thai Kudzu, is an herb often found in various parts of Thailand. Thai people have long traditional knowledge on the use of this her. The Pueraria Candollei is mostly found in mixed forest where two or more dominant species grow. Researchers in various countries discovered […]
Thailand - Washington Apple Commission vs Department of Intellectual Property (DIP)
Washington Apple had successfully registered the mark "Washington" and "apple picture" after the Supreme Court of Thailand revoked the Trade Mark Board decision in the Supreme Court Decision No. 5449/2549 (2006). The trade mark application number 456808 for mark in class 31 for fresh apple was rejected by the Trade Mark Board (Board of Appeal) […]
Product Liability in Thailand – Generics versus Branded Drugs
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries caused by the use of the products. Generally, there are three major types of product liability claims, namely, (1) manufacturing defect, (2) design defect, and (3) a […]
Stricter IP Laws in Thailand - A new beginning
For quite some years now, pirated goods (mainly music, movies and fake branded goods) have been wrecking havoc on Thailand’s economy, growing from strength to strength, and stifling the organized industry. The Thai government, on its part, has been drawing a lot of flak for its failure to ensure IP protection. According to a recent […]
Series of 5 Short Recent Cases in Thailand
Coca-Cola v The Intellectual Property Department The Supreme Court issued a historic decision when it found in favour of the trademark registration of Coca-Cola's 2-dimentional bottle picture in black and white for use with non-alcoholic beverages. The mark was considered inherently distinctive enough to acquire registration under Section 7 of Thai Trademark Act. Proof of […]
Thai Court Rules Against Department of Intellectual Property
In the recent Thai case of DCON Productions PCL v Department of Intellectual Property (Case No. 48/2008), the Central Intellectual Property and International Trade Court (CIPITC) dealt with a suit by the Plaintiff against the Department of Intellectual Property (who was the Defendant in the case) in respect of the decision made by the Defendant […]
Thailand updates their Film and Video Act to curb Piracy
Due to the recent increase in demand for film production of both Thai and foreign films in Thailand, the Thai Government took the initiative to review its Film and Video Act of 1930 to broaden its scope of protection. The Film and Video Act 1930 which was updated and has been in force since June […]
Thai Design Patent Revoked For Lack Of Novelty
The Supreme Court of Thailand has dealt with the issue of novelty of a design patent in the case of Little Bell Co., Ltd v Pongsawad Tiananon (Case No. 2824/2007). In this case, the Plaintiff, a corporation known as Little Bell Co. Ltd took legal action and contested the validity of the Second Defendant's product […]