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Additionally, DIP has implemented a series of e-services for its IP registration processes and introduced fast-track programs for patent and trademark registrations under certain conditions. Dr. Monnat has a certificate in Advance in Intellectual Property Law from Institute of Legal Education of the Thai Bar and IP-UP Program certificate from Department of Intellectual Property-Thailand Research Fund. An overview of country code top-level domains registration in Thailand, Third party observations during patent prosecution in Thailand, Thailands new fast-track trademark registration pathway, An overview of geographical indication protection in Thailand. Intellectual Property 1 Ananda Intellectual Property Baker McKenzie LLP Satyapon & Partners Limited Tilleke & Gibbins 2 Domnern Somgiat & Boonma Law Office Ltd ILCT Ltd. 3 LawPlus Ltd. Intellectual Property Law of Plant Varieties in Thailand: A Contextual Advised Sustainable Innovations Ltd. on its new project to construct and operate a building for vertical farming utilising nanoponics technology to grow varieties of vegetables, flowers and fruits for sale in Singapore, including managing their IP portfolio worldwide. The overview of the main intellectual property rights in Thailand takes readers through the protection and enforcement of patents, utility models (that is, petty patents in Thailand), trademarks, copyright, and registered and unregistered designs. An appeal against the decision of CIPIT Court may be submitted to the Court of Appeals for Specialized Cases, the decisions of which may be appealed to the Supreme Court, subject to the Supreme Courts discretion. Required documents of filing trademark in Vietnam include: This approach could overcome rejections based on subject matter during substantive examination. Authorities have seemingly faced challenges in curbing this issue through criminal action. Patent Agent- Senior Patent Administrator. If copyright protection extended to football matches and/or recorded videos, then transmitting and broadcasting these matches directly through the internet could be deemed illegal acts of copying or distributing (copyrighted) works, as outlined in Article. Other particulars, like, specific term or duration of agreement. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. However, a potential workaround in these countries is to describe the software as being connected to a tangible medium. Intellectual Property laws of Thailand | Thai laws for Copyrights According to Articles 1 and 2 of the Ministerial Regulations established under the Copyright Act in 1997, the licensor has the following obligation of not unfairly restricting competition: Although it is not required to register copyright or get a copyright license in Thailand, the DIP permits copyright owners to register their work and pertinent information with the DIPs Copyright Office. 93/1 Wireless Road, Bangkok, 10330, Thailand, International Trade Administration Issues of Patentability The patentability of computer software has long been a topic of discussion, predating the emergence of AI tools. Assisted a client with combatting the collaboration of online IP infringement across the UK, the US, Australia, Singapore and Thailand. Our professionals will always take into consideration your business goal and long term plan in protecting and managing your Intellectual Property assets. Prior to joining our AIP, she worked as an IP administrator and accountant. Subject to the restrictions codified in the Unfair Contract Terms Act and the sections of Ministerial Regulation, 1999 relating to unfair practices and unfair restraints on competition, as imposed by the Director-General under the Patent Act, the parties are free to set the duration of the agreement as well as the terms and conditions under which either party may terminate the contract. Safeguarding IP rights in a fair manner Investors are increasingly interested in patenting the proprietary technology that plays a vital role in numerous businesses today. Two high-net-worth Thai individuals acquire 61% shares of Nation Broadcasting Corporation PCL. He is creative, practical and understands clients business needs., Somboon Earterasarun is highly competent, professional, diligent, and responsive. Below are answers to frequently asked questions relating to protection of design patent in Thailand. Please enter the name or surname of the employee you are searching for or search by department or position using our search tool below- Thank you. Access and download our updated Trademark, Patent and Design 2022 guides to acquire basic knowledge on current rules and regulations pertaining to registration, prosecution and IP rights enforcement in Thailand. A recognized expert, Franck is a regular lecturer in patent, trademark, and design law for the World Intellectual Property Organization (WIPO) and a teacher/reviewer of WIPOs Distance Learning program (DL302, DL450, DL 201, Turin Master of Intellectual Property, Ankara Master and Yaound Master). Thailand | Asia IP - Intellectual Property News and Analysis Kritchakorn advises on strategies and courses of actions for both contentious and non-contentious intellectual property related matters. He is a Thai registered patent agent since 2004 and has practiced intellectual property for over 20 years. Thailand has several laws and regulations that safeguard intellectual property rights (IPR). Founder and managing partner Kowit Somwaiya, who is registered as a patent and trademark attorney, jointly leads the team alongsidePrasantaya Bantadtan, who acts for Thai corporates on trademark registration and enforcement mandates, in addition to patent and copyright issues. It assists . Rujapa is a Thai trademark attorney with sound experience in trademark prosecution and copyright protection. Intellectual Property Rights in Thailand | Bangkok Solicitor About us. In 2019, Nuttakorn headed Ananda IP litigation team in one of Thailand largest patent litigation case (Nitto Denko vs. Hutchinson) resulting in Ananda Intellectual Property successfully invalidating three patents of the plaintiff in what is considered one of Thailand landmark case. When it comes to Southeast Asia, the answers to these questions are not straightforward, due to the lack of uniform patent laws across the region. In addition to servicing several high-profile, multinational corporations from Europe, China, Japan, the USA, India, UAE and Southeast Asia, Franck is also a frequent speaker on cutting-edge IP issues at professional symposiums and conferences. All essential steps to protect your brand in Thailand. Suppatra assists the Office Manager and attorneys in administrative and accountant sections. The intellectual property environment in Thailand has continued to improve in recent years. Thailand has made significant progress in strengthening the protection of intellectual property in the country, the government has told the United States. Attorneys in Tilleke & Gibbins intellectual property team in Bangkok have contributed to a new overview of patents, trademarks, copyright, and designs for Practical Law, which has published a Q&A guide to protection and enforcement of various intellectual property rights in jurisdictions around the world. 2. When registering trademark in North Korea, it is very significant to Read More, Due to the increasing number of infringement activities in South Korea overall and the need to develop the IP Read More, CPTPP: Effective in Vietnam We can reach them and get answers within one hour. The term Intellectual Property (IP) refers toinventions of the human creative mind such as , literary and artistic works; inventions; designs; and commercial symbols, names, and pictures. It also drafts and negotiates IP-related documents, including agreements for licensing, franchising, supply, IT systems implementation and IP acquisition. Secured a precedent judgment on the store layout form of trade dress from Thailands IP&IT Court for Ruay Sabai Sabai Co., Ltd. and Fire Tiger by Seoulcial Club. A guide to intellectual property rights law in Thailand. Thailand - ASEANIP The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. Intellectual Property, Thailand, Asia-Pacific | Chambers Rankings Ratinuch Kawnachaimongkol; Juthajit Sriprasart; Ratchapong Thongdeetae; Titirat Wattanachewanopakorn, We have worked with ILCT Team for more than 15 years and are always happy with their efforts, support and comprehensive advice. When a copyright owner wishes to assign all or part of his copyrighted work for a limited or infinite period of copyright protection, which can range from 25 to 50 years after the authors death depending on the type of copyright. Click here 1 Legal framework 1.1 What is the statutory or other source of trademark rights? Even though the maximum period for a copyright licensing agreement is the date of expiration of the copyright, which is usually 50 years after the death of the author, or 50 years after the first publication if the work was published posthumously, the parties are free to determine the tenure of the license. Patthawarat also supervises the overall docketing of Ananda IP patent cases and manages our patent department administrators team. Counting local and international companies, as well as government agencies, among its key roster of clients, Rouse handles a broad range of patent and trademark matters across the automotive, financial services, sports and technology sectors. Prior to joining Ananda Intellectual Property, Dr. Monnat gained much experience on IP matters in private companies and universities. USD 47.15 million). The copyright assignment must be made in writing and signed by both parties. Intellectual Property Transactions in Thailand: Overview Whether the licensee will have the exclusive right to use the mark or whether the owner of the mark can grant license to other parties also. While many of these broadcasts were legitimate, with the rights purchased by Vietnamese and regional broadcasters, the unauthorized transmission and broadcasting of football matches on the internet has become increasingly prevalent. Kudun and Partners represents Prima Marine PCL. Country code top-level domain (ccTLD) names are used to identify the country where a domain name was created. In 2018, the Ministry of Commerce initiated novel law dealing with counterfeiting in Thailand. Thailand is also a party to the Patent Cooperation Treaty (PCT) and the Madrid Agreement Concerning the International Registration of Marks (known as the Madrid System). Trademarks Comparative Guide - - Thailand - Mondaq Prior to joining AIP, Suppatra was part of an accountant and IT team for a software company in Thailand. Noppadol Phuakthongkham. Rujapa is also handling invention and design patent matters for both Thai and international clients. Some of these yet-to-be-official Read More, Procedure of trademark in North Korea, North Korea Trademark Thailand has multiple bilateral agreements with other countries allowing foreigners to file patents in Thailand.A patent can be defined as an industrial property title that gives the company that owns it a right to exploit, but more importantly a right to prohibit any other entity from exploiting the same patent. Patthawarat graduated with a Bachelor Degree in Law and a Master Degree of in Human Resources Development from Ramkhamhaeng University. In January 2021, DIP launched a Memorandum of Understanding on Protection of IPR on the Internet aimed at combatting on-line IPR Violations, signed by three Thai government agencies, major e-commerce platforms in Thailand, and IPR owners or representatives. R&T Asia (Thailand), the Bangkok office of regional firm Rajah & Tann, launched an intellectual property practice in May 2022 with the splashy hire of former ZICO IP partner Nuttaphol Arammuang, who will lead the firm's new Thai IP practice. She obtained her Bachelor Degree of Science from Chulalongkorn University. Prior to that, he acquired the highest admission score to Faculty of Law, Chulalongkorn University, where he majored in business law and graduated with LL.B. Woralux joined Ananda IP in 2014 in the position of Office Manager & Accountant. This paper considers current statutory framework for plant variety protection in Thailand, as represented by the Plant Variety Protection Act B.E.2542 (AD1999) (PVP Act). Thailand protects geographical indications (GIs) through a sui generis law. Franck is also a former President of the Franco Thai Chamber of Commerce (2009-2011), and an active member of APAA Emerging IP Rights Committee. Although software implementing AI may incorporate innovative algorithms, obtaining patents solely for algorithms can be difficult in certain countries. A licensee is not necessarily bound to limit the quantity of production, sales, or distribution concerning the copied products. The Q&A-style guide provides strategic information for companies active in the life sciences sector in Thailand. Dr. Monnat obtained her Ph.D. in Biological Sciences from Chulalongkorn University. Thailand IAM Patent 1000 2022 Patents are essential business commodities and knowing how to obtain, enforce and monetise them has become mission critical. In 2016, she volunteered in a Private Client Department at Legacare (UK) Ltd., and in 2017, she worked in Litigation Support at the Personal Support Unit in the UK. Baker McKenzie LLPs business-oriented team has experience intrademark portfolio management and enforcement, as well as patent, copyright media, online advisory, and licensing issues. Tilleke & Gibbins, Intellectual Property | Chambers Asia-Pacific Profile AI-related software often involves intricate algorithms, datasets, and training methodologies that pose challenges when it comes to satisfying the enablement requirement for disclosure. The team is led by Dhiraphol Suwanprateep, whose expertise includes copyright, patents, trademarks, and trade names. IPR owners need to be aware if their products/services are being counterfeited. Plaifon graduated from Newcastle University with a Bachelor of Law degree (honors), receiving a first-class degree in Intellectual Property Law. Prior to this decision, authorities encountered difficulties in accurately determining the relevant laws and the nature of the violation to meet the requirements for prosecution. An expert in handling intellectual property applications, he is well versed in the procedures of the Department of Intellectual Property of Thailand. 55 King Yip Street, Kwun Tong, Kowloon, Hong Kong. The full Life Sciences Commercialization in Thailand section can be found on thePractical Law website. Assisted Panasonic in combatting counterfeit batteries in Thailand, resulting in the seizure of over 80,000 Panasonic-branded counterfeit goods. Working in cooperation with KPMG Law Thailand, ZICO IP counts the prosecution, commercialisation, investigation and litigation of trademarks, patents and industrial designs in its caseload. Nuttakorn speaks Thai and English. While Thailand maintains its efforts in the enforcement of intellectual property rights (IPR), the quantity of counterfeit and pirated goods remains a concern, particularly in online markets. According to the list Read More, The Vietnam Intellectual Property Office (NOIP) has made some adjustments to the countrys trademark examination process. For additional information, please review the Patent and Trademark Office Resources:Protecting Intellectual Property and Stopfakes.gov or contact the IP Attach for Southeast Asia. Authorities have seemingly faced challenges in curbing this issue through criminal action. He trained at an international law firm in Brussels before moving to Thailand in 2002. Southeast Asia has experienced a significant increase in foreign investment, which has not only brought innovation but also raised questions about protecting such innovation. SCL Nishimura & Asahi Ltds IP practice is led by Pavinee Bunyamissara, who specialises in trademarks and advises on matters concerning copyright recordation, license agreements, in addition to patent and copyright infringement issues. She is experienced in copyright recordation, trademark contracts, online takedowns and litigation matters that includes the trademark appeal before the Thai Central Intellectual Property and International Trade Court. Decree 17 provides guidance on implementation of the 2022 Intellectual Property Law with regard to copyright and related rights, and has garnered significant attention due to several issues, especially the liability of intermediary (internet) service providers and copyright violation in the digital environment. Call Us: Local Office Numbers: Bangkok: 02-254-8900: A patent license agreement must be in compliance with the processes, conditions, and requirements provided by the Ministerial Regulations, and it must be registered with the Patent Office, according to Section 41 of the Patent Act, 1999. + Power of Attorney: Sign only The EABC Intellectual Property Rights (IPR) Sector Committee provides a cross-sectoral, business-driven platform for interactive discussion and formulation of consolidated positions on key IP issues facing inventors, manufacturers, importers and enterprises in Thailand. Our services include: Trademarks: Search, Registration, Appeals, Renewal, Licensing Agreements and Enforcement, Patents: Application for Registration of Invention, Design and Petty Patents, Enforcement: Watching Services, Digital Copyright Infringements, Thailand Court Actions, 2017 Siam Trademark Associates., All Rights Reserved. Would you like to contribute to the Comparative Guides, or receive updates on new releases? ILCT has a strong IP team who can deal with difficult matters in an efficient way., Ratinuch Kawnachaimongkol for her deep understanding and knowledge of IP in Thailand., Juthajit Sriprasart for her great IP advice and timely responses to any requests., ILCT is highly responsive and meticulous in their work., Ratinuch and Juthajit stand out as being extremely professional and having clear and in-depth knowledge of the trademark laws., Experienced in trademarks and responsive to clients needs, whether simple or complicated. The country is gearing towards a new economic model driven by advanced digital technology and innovation. Official websites use .gov She received an outstanding young scientist oral presentation award in The 1st International Conference on Biotechnology, Bioengineering, Biorefinery, and Pollution Prevention. Intellectual Property Rights in Thailand. As a result, this article will provide some information related toThai licensing legislation as it regards to trademarks, patents, and copyright. Advising the client regarding investigation and possible legal actions against counterfeit FWD merchandise offered for sale via LINE application. 17/2023/ND-CP on April 26, coinciding with World IP Day. He is also a registered Notarial Services Attorney. TMP Intellectual Property - Thailand IP Law Firm Intellectual Property Disputes Thailand | ThaiEmbassy.com on the acquisition of Thaioil Marine Co., Ltd. including its subsidiaries from Thai Oil PCL. The goods or services for which the licensed mark is used. Parawee joined Ananda IP in early 2020 as an IP Paralegal. The guide provides a comparative overview, in Q&A format, of laws and regulations on pharmaceuticals, medical devices, and other life sciences products in dozens of jurisdictions around the world. The team, which has demonstrable experience in trademark prosecutions and enforcement actions, acts for domestic and foreign clients on IP protection mandates, IP-related transactions and litigation, as well as patent prosecutions and searches. Her permits include an animal use license from Institute of Animal for Scientific Purposes Development, a water pollution controller certificate from Thailand Environment Institute, and a Biosafety Guidelines for Modern Biotechnology certificate from BIOTEC-Chulalongkorn University. She is responsible for preparing and filing domestic and international patent applications, conducting patent searches, advising clients on patent enforcement strategies and any other patent related matters. We would recommend Pawat Varapirom and Munif Chaipanya.. Many jurisdictions have specific rules regarding the patentability of software. Intellectual Property - Thailand. After the patent period has ended, a licensor may not demand a licensee to pay a royalty for using the patented invention. How can I protect my intellectual property? The Intellectual Property Transactions in Thailand chapter focuses on business-related aspects . In Thailand, the Central Intellectual Property, and International Trade Court (CIPITC) is a specialized court that adjudicates IP disputes, including infringement and invalidity issues in Thailand. You must submit an application to the Department of Intellectual Property (DIP) and go through the assessment process in order to obtain trademark protection. U.S. Department of Commerce Intellectual Property Rights inThailand: Overview | Practical Law His knowledge of the Thai market, bolstered with his insightful life sciences and healthcare know-how, is invaluable and important to our clients., Competent and responsive team. Washington, DC 20230. The Q&A gives an overview of the protection and enforcement of the following IPRs: patents, trade marks, registered designs, unregistered designs, copyright and confidential information. Share sensitive information only on official, secure websites. With over 15 years scientific research experience, her areas of expertise include molecular biology, microbiology, biochemistry, biotechnology and enzymology. She speaks Thai and English. Section | Asia IP - Intellectual Property News and Analysis Our services . Therefore, if legal action is necessary, IPR owners are strongly recommended to seek advice from local attorneys who are experts in IP laws and litigation. Dynamic and experienced, Ananda Intellectual Property (A IP) offers quality intellectual property services. The team is jointly led by Darani Vachanavuttivong, who has has experience in mandates concerning trademarks, copyrights and patents, and exceptionalAlan Adcock, who works across the ASEAN region and specialises in corporate IP matters, including licensing and high-value acquisitions. After six years of intellectual property practice in Thailand, Franck founded Ananda IP in 2011 with the goal of creating Thailands best boutique IP firm. Specifically, they grappled with the question of whether a football match, or more specifically, a recorded video of a football match, could be considered a copyrighted work. The Department of Intellectual Property (DIP) oversees and administers Thailands IP system. Attorneys in Tilleke & Gibbins' intellectual property team in Bangkok have contributed to a new overview of patents, trademarks, copyright, and designs for Practical Law, which has published a Q&A guide to protection and enforcement of various intellectual property rights in jurisdictions around the world. The team gives simple advice, right to the point, and focus on how to solve the business issues.. Are these types of innovations patentable, and if so, how? Practical Law: Intellectual Property Transactions in Thailand 2022 Litigation concerning trade secrets also features. Thailand 1. Prior to joining Ananda IP, Parawee has worked in a number of top Intellectual Property Law firms in Thailand as a Patent Administrator covering both Patent and Trademark related matters. Thailand. In Thailand, every type of IP asset can be given a license. In 2013, Franck Fougere received the ILO Client Choice award for best patent practitioner in Thailand. She has also completed the Legal Practice Course with a commendation at the University of Law in Leeds. Intellectual Property in 2021 Thailand - MPG However, amid rapid economic growth and increased overseas investment, Thailand has transitioned into a newly industrialized country. However, algorithms, mathematical methods, and abstract ideas are generally considered non-patentable subject matter in many jurisdictions. It includes co-operation or support in operation of other authorities or as assigned. APDF readeris available from Adobe Systems Incorporated. FAQ DMCA CYBERSQUATTING . 22 Nov Thailand's Intellectual Property (IP) Licensing Laws By AAA IPRIGHT5 News, Thailand 0 Comments The term Intellectual Property (IP) refers to inventions of the human creative mind such as , literary and artistic works; inventions; designs; and commercial symbols, names, and pictures. He is an advisor to the European Union (ECAP & EU/ASEAN IPR Helpdesk), to the Swiss Government (ISIP I and ISIP II), and to the French government on IP issues. FAQ DMCA . Wiramrudee Mokkhavesa; Sukontip Jitmongkolthong; Nandana Indananda; Suebsiri Taweepon; Somboon Earterasarun, Attention to detail and laser-focused on delivering clients requirements within the agreed timeframe. Munif Chaipanya; Aswin Traisrisin; Pawat Varapirom, We like working with TMP. The Intellectual Property Office of the Philippines (IPOPHL) has partnered with the Cooperative Development Authority (CDA) to reinforce the protection of intellectual property (IP) rights for . The team handles litigation, including in relation to trade marks and copyright, as well as handling patent and design applications, online IP issues and anti-counterfeiting. As a rule, all evidence must be translated into Thai. Thailand - Tilleke & Gibbins Strategic and forward-looking, Ananda Intellectual Property offers a wide range of IP services You could visit here to checkthe required documents for filing trademark in Thailandhere. It is important to safeguard your intellectual property. Say Sujintaya is also a name to note. She speaks Thai and English, and is proficient in Korean. Kudun and Partners represented Platt Finserve Co., Ltd. in the sale of 50% of the total issued shares from Cash Machine Capital Company Limited to Sabuy Technology Public Company Limited (SABUY). Generally, each , Third party observations (TPOs) are an alternative approach to formal oppositions to patent applications that allows third parties to file , On January 3, 2023, less than one year after committing to a shorter examination timeline for trademark applications with a , An international concept The origin of geographical indications can be traced back to the 1883 Paris Convention for the Protection , Level 15th, Unit 1502, 42 Tower Building, 65 Sukhumvit 42 Alley, Sukhumvit Rd, Phra Khanong, Klong Toei, Bangkok 10110, Thailand, Tel:+662 821 5010, +66 63 267 4217 Email:[emailprotected].