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Thailand Business Guide - UK Trade & Investment

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BUSINESS ISSUES AND CONSIDERATIONS<br />

INTELLECTUAL PROPERTY RIGHTS (IPR)<br />

As a member of the World <strong>Trade</strong><br />

Organization (WTO), <strong>Thailand</strong> is committed,<br />

under the auspices of the <strong>Trade</strong>-Related<br />

Aspects of Intellectual Property Rights<br />

(TRIPs) agreement, to provide the effective<br />

and appropriate enforcement of IPR. The<br />

Thai Government has been taking systematic<br />

measures to reduce IPR violation in every<br />

sphere of business activity, including<br />

producing, distributing, selling, importing<br />

and exporting.<br />

<strong>Trade</strong>marks<br />

<strong>Trade</strong>mark protection in <strong>Thailand</strong> is<br />

regulated through the <strong>Trade</strong>mark Act BE<br />

2534 (1991), which came into force on<br />

13 February 1992. There are four options<br />

for submitting an application for the<br />

registration of a trademark in <strong>Thailand</strong>.<br />

They are:<br />

1. The Application Request Service and<br />

Examination Division, <strong>Trade</strong>mark Bureau,<br />

the Department of Intellectual Property.<br />

2. The Provincial Commercial Offices.<br />

3. Via registered mail to the <strong>Trade</strong>mark<br />

Registrar, the Department of Intellectual<br />

Property, with a payment of the<br />

fee by money order, payable to the<br />

<strong>Trade</strong>mark Registrar.<br />

4. Via the internet at the online trademark<br />

service: www.ipthailand.go.th/ (only<br />

available in the Thai language at present).<br />

The process of registering a trademark<br />

in <strong>Thailand</strong> can take up to nine months.<br />

It is valid for ten years from the date of<br />

registration and may be renewed within<br />

90 days prior to expiry for a further period<br />

of ten years.<br />

<strong>Thailand</strong>’s trademark registration<br />

procedures in English can be found at<br />

www.ipthailand.go.th/ (only available in the<br />

Thai language at present).<br />

Patents, petty patents and designs<br />

In <strong>Thailand</strong>, inventions and product<br />

designs can acquire a protection under the<br />

Patent Act BE 2522 (1979), later amended<br />

by the Patent Act (No.3) BE 2542 (1999).<br />

Detailed information on the Patent Act<br />

and application procedures in English can<br />

be found at www.ipthailand.go.th/ (only<br />

available in the Thai language at present).<br />

It can sometimes take up to one year for<br />

the application of protection to be granted.<br />

Duration of protection:<br />

• Patents are valid for 20 years<br />

• Petty patents are valid for six years<br />

(although they can be renewed twice,<br />

with each renewal lasting for two years.<br />

Therefore the maximum duration is<br />

ten years).<br />

•<br />

Designs are valid for ten years.<br />

37

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