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Mirandah Asia’s Thailand office is always on hand to provide services for international clients seeking guidance on the country’s IP procedures. The team swiftly process all enquiries and matters with the highest level of expertise, which only skilled local bilingual Thai specialists can provide.

Overview

With an increasingly skilled workforce, coupled with expanding market opportunities, Thailand’s growing economy is attracting greater international investment. The country’s intellectual property environment is growing ever larger to follow this economic development.

In 2009, Thailand joined the Patent Cooperation Treaty, introducing new patent examination guidelines and amendments to IP law in order to broaden the scope of enforcement to cover all intellectual property laws and expedite processing of patent applications. Following this, it established the National Intellectual Property Centre of Enforcement (NICE) in 2013 to encourage coordinated efforts among various agencies involved in IP protection and enforcement.

The total eradication of the counterfeit industry is a key objective for the Royal Thai government. The Department of Intellectual Property (DIP) has introduced several initiatives to reinforce its legal framework with an aim to overcome existing challenges in enforcing IP rights.

Growth of Thailand’s IP landscape

In 2016, Thailand’s Trade Marks Act was overhauled, as it prepared to accede to the Madrid Agreement Concerning the International Registration of Marks (also known as the “Madrid Protocol”) in 2017.  As a result of the ASEAN Economic Community’s Harmonisation Plan, all ASEAN member states committed to becoming party to this treaty. On November 7th, 2017, the Protocol entered into force for Thailand. It became the 99th member of the Madrid System.

Legal Basis Patent Act No. 1, B.E. 2522 (1979) and Patent Act No. 2, B.E. 2535 (1992) as amended by Patent Act No.3, B.E. 2542 (1999), the latter effective 27 September 1999
Major international treaties signed
  • Paris Convention effective 1 August 2008
  • Patent Cooperation Treaty (PCT) effective 24 December 2009
  • Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
PCT Information Thailand has deposited their instruments of accession with WIPO on 24 September 2009, thus became the 142nd contracting state of the Patent Cooperation Treaty. The treaty became effective in Thailand from 24 December 2009.
Costs of obtaining a patent Please contact us at thailand@mirandah.com
Average time to obtain a patent 5 to 8 years
Official language for patent prosecution Thai
Non-patentable subject matter
  • Naturally existing micro-organisms and their components, animals, plants and, animal and plant extracts
  • Discoveries or scientific theories
  • Mathematical formulae
  • Methods of medical treatment and diagnostic methods
  • Computer programs
Grace period for prior disclosure or sale 12 months before the Thailand Filing date (unlawful disclosure, International Exhibition, Government Official Exhibition)
Major prosecution events
Paris Convention : 12 months
National Phase Entry : 30 months (non-extendible)
Request for Examination : 60 months (from publication date)
Payment of grant fees : 60 days after receiving notification
Renewals of patents : Every year after the 4th anniversary of grant, within 60 days following commencement of each new year.
Filing and prosecution procedures Stage 1: Filing
Stage 2: Formality Examination
Stage 3: Publication & Opposition (if any)
Stage 4: Substantive Examination
Stage 5: Grant
Stage 6: Renewal/ Annuity
Extension of office action deadlines First extension: 90 days

Second extension: 30 days

Necessary document for filing Power of Attorney
Deed of Assignment (only where the applicant is different from the PCT application)
Priority document (where priority is claimed and has not been transmitted to the national office by WIPO)
Pharmaceutical Data Exclusivity Laws Not available
Search and Examination The Patent Office conducts its own Search and Examination but favours Search and Examination reports issued in prescribed countries such as US, UK, Australia, Japan as well as the prescribed regional European Patent Office
Opposition term 90 days after publication
Term of patent protection 20 years
Patent term extension Not available
Restoration of lapsed patent Within 120 days from the date of lapse
Parallel Imports Available
Other forms of patents (e.g. Petty/innovation patents) Petty patents and design patents
Useful links
Infringement offence Civil and Criminal (in special cases)
Specialized courts for IP Central Intellectual Property & International Trade Court
Outline of the enforcement steps File a complaint with the police or the Intellectual Property and International Trade Court
Relief against groundless threats Right to counter sue
Declaration of non-infringement Not Available
Preliminary injunctions Available
Time frame for various legal actions Criminal 6 to 18 months
Civil 1 to 5 years
Alternative dispute resolution Not available for criminal cases but available for civil cases if the parties agree
Civil remedies Damages
Criminal Sanctions Imprisonment
Fine

Patent Applications

Year Resident Non-Resident Total
2001 534 4,798 5332
2002 615 3,874 4489
2003 802 4,329 5131
2004 819 4,554 5373
2005 891 5,449 6340
2006 1,040 5,221 6261
2007 945 5,873 6818
2008 902 5,839 6741
2009 1,025 4,832 5857
2010 1,214 723 1937
2011 927 2,997 3924
2012 1,020 5,726 6746
2013 1,572 5,832 7404
2014 1,006 6,924 7930

Patent Grants

Year Resident Non-Resident Total
2001 58 738 796
2002 39 1,063 1,102
2003 56 972 1028
2004 57 659 716
2005 62 491 553
2006 118 1,003 1121
2007 118 830 948
2008 62 904 966
2009 59 787 846
2010 306 466 772
2011 143 757 900
2012 57 951 1008
2013 68 1,081 1149
2014 73 1,213 1286
2015 83 1,281 1364

Source: WIPO

Legal Basis Trademarks Act B.E. 2534 (1991) as amended by Trademarks Act (No.2) B.E. 2543 (2000) and Trademarks Act (No.3) B.E. 2559 (2016).
Major international treaties signed
  • Madrid Protocol Concerning the International Registration of Marks effective from 7th November 2017
  • Paris Convention for the protection of Intellectual Property effective from 2nd August 2008
  • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) effective from 1st January 1995
Cost of obtaining a trademark Please contact us at thailand@mirandah.com
Average time to obtain a trademark 10 to 15 months

Note: 6 months Trademark Registration Fast Track will automatically apply provided the trademark meets 2 requirements, i.e (1) Total Number of goods/services not exceeding 30 items and (2) Goods/services are selected from the Thai Department of Intellectual Property (DIP)’s website at https://tmsearch.ipthailand.go.th

Official language for trademark prosecution Thai
Registrable marks “Mark” means a photograph, drawing, invented device, logo, name, word, phrase, letter, numeral, signature, a combination of colors, figurative element, sound, or combination thereof.

A registrable mark must: goods/services not exceeding 30 items and (2) Goods/services are selected from the Thai Department of Intellectual Property (DIP)’s website at

  1. Contain distinctive characteristics
  2.  Must not contain any prohibitive characteristics
  3. Is not identical or confusingly similar prior to registrations (or applications)
Filing and prosecution procedures Stage 1: Filing
Stage 2: Examination
Stage 3: Publication
Stage 4: Opposition (if any)
Stage 5: Registration
Stage 6: Renewal
Number of classes 45 (Nice Classification)
Multiple class filing Available
Filing of series marks Not available
Necessary information and document for filing The applicant’s name, address and nationality
A sample of the mark
List of goods/servicesScanned notarized Power of Attorney
Common objections Non-distinctive
Confusing similarity
List of Goods/Services
Extension of office action deadlines Not available
Opposition term 60 days (non-extendible)
Term of trademark protection 10 years (renewable)
Restoration of lapsed trademark Available within 6 months’ grace period from the date of expiry.
Parallel Imports Available
Minimum period of use to avoid non-use cancellation action 3 years (continuous)
Useful links www.mirandah.com
www.ipthailand.go.th

 

 

Infringement offence Available
Specialised courts for IP The Central Intellectual Property and International Trade Court of Thailand
Outline of the enforcement steps Administrative Action
– Opposition and Cancellation procedures. and alternative dispute resolution procedures through the Thai Department of Intellectual Property (DIP).

Criminal Actions
-Criminal actions represents the majority of trademark infringement enforcement cases in Thailand. It provides quick, efficient, and cost-effective remedy. Criminal actions are initiated with the filing of a criminal complaint with the police. The police can then petition the court for a search warrant. If the court issues the search warrant, the police will carry out a raid to collect evidence of the infringement and arrest the infringers. Thailand’s enforcement bodies include:

– the Department of Special Investigation, which was established in October 2002;
– the Economic Crime Investigation Division, a specialised police unit widely used by trademark owners;
– the Metropolitan Police Bureau;
– the Provincial Police Bureau; and
– the Food and Drug Administration.

Civil Action
– Strategically, civil actions can be helpful for preliminary measures. For instance, the registered trademark owner can petition the court for an order to preserve relevant evidence in relation to the alleged infringement (i.e. an Anton Piller order) or for an injunction order.

Relief against groundless threats Not available
Declaration of non-infringement Not available
Preliminary injunctions Available
Time frame for various legal actions 12 to 36 months (depends on various factors)
Alternative dispute resolution Mediation
Arbitration
Availability of damages and other relief for infringement As per below
Civil Remedies Injunction
Anton Piller Order
Damages
Criminal Sanctions Trademarks Act (registered mark only)
Under the Trademark Act, the maximum penalty for trademark infringement is four years’ imprisonment and a fine of THB400,000. The maximum penalties for trademark imitation are two years’ imprisonment and a fine of THB200,000.
Penal Code (registered and unregistered mark including foreign-registered mark)
Fines or imprisonment or both

*Trademark Act has higher penalties than the Penal Code

 

Trademark Applications

Year Resident Non-Resident Total
2001 16,712 9,407 26119
2002 21,518 8,591 30109
2003 23,335 9,714 33049
2004 26,414 10,554 36968
2005 24,275 12,148 36423
2006 21,171 12,776 33947
2007 20,140 13,415 33555
2008 21,950 13,472 35422
2009 24,734 11,353 36087
2010 24,781 12,875 37656
2011 23,457 15,493 38950
2012 27,508 17,455 44963
2013 27,881 18,216 46097
2014 27,517 18,144 45661
2015 33,347 18,997 52344

Trademark Registrations

Year Resident Non-Resident Total
2001 11,453 8,484 31390
2002 13,281 9,865 23146
2003 11,440 6,543 17983
2004 15,918 7,614 23532
2005 18,497 8,948 27445
2006 15,595 8,520 24115
2007 14,769 9,871 24640
2008 12,574 9,367 21941
2009 11,981 10,502 22483
2010 13,268 8,552 21820
2011 11,657 7,050 18707
2012 11,821 8,004 19825
2013 11,148 8,415 19563
2014 11,487 9,130 20607
2015 11,247 9,930 21177

Source: WIPO

Want to find out more about
Thailand's IP landscape?
Drop us a line or visit
our office.

mirandah asia (thailand) co., ltd.
No. 2922/286, 25th Floor Charn Issara Tower 2, New Petchaburi Road, Bangkapi, Huai Khwang, Bangkok 10310, Thailand

Tel: +(66) 2 106 3305
Fax: +(66) 2 106 3306

Email: thailand@mirandah.com