The Notification on the Criteria and Procedures for Handling Personal Data Breaches (the “Notification”) was issued by the Personal Data Protection Committee (“PDPC”) of Thailand and enacted on December 15, 2022. The notification included a breach assessment guideline and breach notification version 1.0 for data controllers and data processors to assess the level of risk […]
Publications
Alcohol advertisement restrictions in Thailand
The Alcoholic Beverage Control Act, B.E. 2551 (“the ABCA”) poses challenges for manufacturers and content creators producing alcohol advertisement projects in Thailand. The ABCA aims to reduce alcohol-related problems by controlling the sale and advertisement of alcoholic beverages, and punishing non-compliance by means of heavy fines and penalties including imprisonment. Stakeholders involved in producing alcohol […]
Thailand’s New Customs Recordation Procedures for Trademark and Copyright – Inspection Request on a case-by-case basis
In this last instalment on Thailand’s new customs recordation procedures, please note that addition to the general customs recordation, an Inspection Request may also be filed on a case-by-case basis should the trademark and copyright owners (“IP owners”) suspect any importing, exporting, or transiting goods to be infringing their IP rights. Upon verification of the […]
Thailand’s New Customs Recordation Procedures for Trademark and Copyright – Requirements
Further to our recent post on the reversal of administration of customs recordal to the Royal Thai Customs Department (“Customs”), trademark and copyright owners (“IP owners”) who wish to file customs recordation should take note of the following requirements: Recordation of Registered Trademarks Appointment of a local agent, if the IP owner is a foreigner; […]
Thailand’s New Customs Recordation Procedures for Trademark and Copyright
Customs recordation has always been an important border protection measure that Intellectual Property (IP) owners can employ for enforcement purposes in Thailand. In the past IP owners would file customs recordation directly with the Royal Thai Customs Department (Customs), by recording their trademark information as well as the names of their authorised importers for Customs […]
Thailand – Adjustment of Minimum Market Value or Damages in Intellectual Property (IP) Infringement Cases
Since its establishment in October 2002, the DSI has been crucial in combating IP infringements in Thailand. Deriving its authority from the Special Case Investigation Act B.E. 2547 (2004) (as amended), the DSI can investigate certain IP-related infringement cases, i.e. copyright, patent, and trademark. There are two main requirements for IP-related infringement cases to fall […]
Thailand’s New Trademark Examination Guideline 2022
The Department of Intellectual Property in Thailand has issued the final version of the Trademark Examination Guideline (“TM Guideline”) on 17th January 2022 which applies to all pending and new trademark applications. The new TM Guideline sheds light on many important issues, pertinently those relating to registrability, highlighted as follows: On the first requirement of […]
Favipiravir: Patent rejection in Thailand
Favipiravir (or T-705; 6-fluoro-3-hydroxy-2-pyrazinecarboxamide) is a broad-spectrum antiviral drug used in the treatment of multiple diseases, and is the first drug approved by countries around the world as an emergency option for Covid-19 cases. Thailand’s Department of Intellectual Property (DIP) has since rejected a Thai patent application filed under the compulsory license system for a […]
What to Expect When the Personal Data Protection Act B.E. 2562 Is Fully Enforced in June 2022
Incidents of unauthorized disclosure of personal information to third parties has raised concern over personal data security across the globe. In 2015, the General Data Protection Regulation (“GDPR”) was published, being the first personal data protection law passed to protect all European Union citizens. To comply with international standards, Thailand has adopted the provisions of […]
Thailand’s Department of Intellectual Property (DIP) issue a new “Fast Track System” for Trademark Registration and Trademark Renewal
As per the recent Department of Intellectual Property (DIP)’s Declaration, the DIP has announced a Fast Track system for (1) Trademark Registration and (2) Trademark Renewal (effective from 23th February 2021), which can be summarised as follows: Trademark Registration Fast Track System– The usual timeframe for Trademark Registration as per the DIP Manual (as issued […]