Legal framework overview

Thailand’s IP legal framework mainly consists of:

• Trade Marks Act (Trade Marks Act B.E. 2534, amended B.E. 2562 / 2019)

• Patent Act (Patent Act B.E. 2522, amended B.E. 2562 / 2019)

• Copyright Act (Copyright Act B.E. 2537, amended 2015)

• Trade Secrets Act (Trade Secrets Act B.E. 2545)

Competent authority:

• DIP (Department of Intellectual Property, Ministry of Commerce)

Thailand is a member of WIPO, the PCT, the Madrid System, the Paris Convention, TRIPS and the ASEAN IP Network.

International cooperation and regional integration

• Thailand is a contracting state of WIPO, the PCT, the Madrid System, the Paris Convention and TRIPS;

• Actively participates in ASEAN IP cooperation (ASEAN IP Portal);

• Has established patent examination cooperation (PPH programmes) with EUIPO, JPO, KIPO and USPTO;

• Implements the “Thailand IP 4.0” strategy to promote full digitalisation and international interoperability.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with DIP;

• Alternatively, Thailand may be designated (since 2017) under the Madrid System (Madrid Protocol).

Classification

• Applies the Nice Classification;

• Each class must be filed separately; multi-class applications are not available.

Examination procedure

• Formal examination: around 1–2 months;

• Substantive examination: around 6–9 months;

• Opposition period: oppositions may be filed within 60 days from the publication date.

Use and renewal

• Initial registration term is 10 years, renewable indefinitely;

• Continuous non-use for 3 years may lead to cancellation.

Examination features

• Examination language is Thai (with English translations optionally submitted);

• Focuses on distinctiveness, similarity and the comparison of goods/services;

• Collective marks, certification marks and sound marks may be registered.

Patent system

Types and terms of protection

• Invention patent (Invention Patent): protection for 20 years from the filing date;

• Petty patent (Petty Patent): protection for 10 years from the filing date.

Examination mechanism

• Invention patents are subject to substantive examination;

• A request for examination must be filed within 5 years from the filing date;

• Average examination time is around 3–5 years.

International routes

• Thailand has been a PCT member state since 2009;

• PCT international applications may enter the national examination phase in Thailand;

• English-language documents are accepted at entry, provided that a Thai translation is filed subsequently.

System features

• Examination language is Thai;

• Applies the “first-to-file” principle;

• Annual fees must be paid each year starting from the 5th year;

• Examination focuses on inventive step and industrial applicability;

• The patent system is widely used in technology, pharmaceutical and biotechnology fields.

Design patent (Design) protection

Legal basis

• Patent Act (Patent Act B.E. 2522, Chapter 3).

Scope of protection

• The external appearance of a product, including its shape, patterns, colours, ornamentation and combinations thereof;

• Applicable to both industrial and handicraft products.

Term of protection

• Protection runs for 10 years from the filing date and cannot be renewed.

Examination procedure

• Examination period is usually around 12–18 months;

• Examination language is Thai;

• Only formal examination is carried out; creativity is not assessed.

System features

• A single registration is valid nationwide;

• Multiple-design applications are not allowed;

• Thailand has not yet acceded to the Hague Agreement;