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 […]
Publications
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 […]
THAILAND: Plain Cigarette Packaging Law Takes Effect
As per the Ministerial Regulations (MR) of the Ministry of Health on Plain Packaging of Cigarettes B.E. 2561 (2018) issued by virtue of Section 5, Paragraph 1, and Section 38, Paragraph 1, of the Tobacco Products Control Act B.E. 2560 (2017), the plain cigarette packaging law in Thailand is now in effect as of September […]
THAILAND: New Regulations of the Thai Trademark Appeal Board Bring Changes to Procedures and Formalities of Appeals
New regulations of the Trademark Appeal Board B.E. 2561 (2018) (TTAB Regulations) became effective on March 25, 2019. The Thai Trademark Appeal Board (TTAB) was established by Section 95 of the Trademark Act B.E. 2534 (1991) (Act), as amended by Section 18 of the Act, to deal with appeals arising from decisions of the Thai […]
Patentability of Computer Related or Implemented Inventions (CRIs or CIIs) in Singapore, Indonesia, Thailand, Vietnam, Philippines, and India
Patent legislation and practice in the patentability assessment of computer related or implemented inventions differ from country to country. “Computer Related Inventions” (“CRIs”) or “Computer Implemented Inventions” (“CIIs”) has been given an explicit definition in some countries such as in Philippines and India. These countries both define CRIs or CIIs as those inventions involving computers, […]
Marijuana Patent Requests Suspended in Thailand
A special executive order was issued by the Thai government on 28th January 2019 directing the Department of Intellectual Property (“DIP”) to invalidate all pending marijuana-related patents applications within 90 days. This comes less than 3 months after the Thai National Legislative Assembly (“NLA”) approved the “Medical Marijuana” bill to be used for medical and […]