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 |
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| 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 |
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| Grace period for prior disclosure or sale | 12 months before the Thailand Filing date (unlawful disclosure, International Exhibition, Government Official Exhibition) | |||||||||||||||
| Major prosecution events |
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| 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 |
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| Extension of office action deadlines | First extension: 90 days
Second extension: 30 days |
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| 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) |
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| 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 |
| 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 |
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| 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:
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| 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 |
| 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 |
Thailand's IP landscape?
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