In the recent Thai case of Visit Taksapiboon v Modern Technique Lock Co., Ltd (Case No. 57/2007), the Central Intellectual Property and International Trade Court (CIPITC) considered a claim of patent infringement and a counter-claim against the Plaintiff for invalidation of the patent as well as a challenge against the Plaintiff's rights to use an […]
Publications
Intellectual Property Laws In Thailand And The Fashion Industry
The Thai government hopes that Thailand can become a great world trendsetter for fashion design in the near future. Although there is no specific legislation that protects fashion design, there are various Intellectual Property Rights provisions that can be called upon to secure exclusive fashion design rights as well as a general tort provision against […]
The on going battle against counterfeit anti-malaria drugs in South East Asia
In February this year, it was revealed that the International Criminal Police Organisation (INTERPOL) with the help of scientists and health workers from the World Health Organization (WHO) and Wellcome-Trust University of Oxford Tropical Medicine Research Programme, and the co-operation of Chinese authorities have uncovered a massive counterfeit anti- malaria drug syndicate, based in southern […]
A brief update on compulsory licensing and infectious diseases in ASEAN
Compulsory licensing has been a point of great dispute, with opinions torn between the rights of patent owners and accessibility to lifesaving, affordable drugs to the general public. The high cost of patent-protected pharmaceuticals and the inherent prevalence of infectious diseases such as HIV/AIDS, malaria and avian influenza are fueling demand for generic drugs and […]
Yahoo! Inc success over domain dispute in Thailand
Yahoo!, Inc., known as a web directory and a search engine company, is a global Internet company that offers a wide range of services such as Internet searching and shopping to millions of Internet users worldwide since 1994. In November 2000, Yahoo!, Inc. discovered domain names registered under Somsak Sookripanich, a Thai national and filed […]
The Military Government issues more compulsory licenses
On 25th January 2007, Thailand's military government stunned the pharmaceutical industry by their decision to issue more compulsory licenses with respect to drugs for treatment of heart diseases and AIDS. Earlier, in November last year, Thailand had issued its first compulsory license for making Efavirenz, an anti-retroviral drug manufactured by US pharmaceutical company Merck & […]
The Current Approach Of The Judiciary Towards Well-Known Marks In Thailand
The situation concerning the protection and enforcement of well-known marks in Thailand can be rather good despite there being no mandatory provisions that clearly spell out the constitution of a well-known mark. The Courts and Examiners use the prevailing case law as precedents or the Ministerial Notifications as a guideline in deciding what amounts to […]
Mangosteen Juice Patent Causes Concern in Thailand
On April 27, 2006 the United States Patent and Trademark Office (USPTO) published a patent application for a beverage made from extract of mangosteen pulp and pericarp, wherein the owner of the application is an American corporation, namely Nature's Sunshine Products Inc. The said patent application has created some controversy due to the fact that […]
Thailand - Patients Before Patents
Thailand's military-backed Public Health Ministry has moved to assist the more than 500,000 people suffering from AIDS in the Kingdom by issuing its first compulsory license, directed at Efavirenz (brand names Sustiva® and Stocrin®). This decision, announced on Wednesday 27th November, was taken without any consultation with the patentee, Merck & Co. Inc, sparking a […]