GovWire

This page provides practical advice to help you register, manage, and enforce your intellectual property (IP) in Thailand.

If you plan to do business in Thailand?or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.

British businesses looking for access to intellectual property advice and support should contact our South East Asia attach team, based in the High Commission in Singapore.

The Department of Intellectual Property (DIP) is the body responsible for operating the patent, industrial design, trade mark and copyright system in Thailand.

Trade marks

Thailands trade mark system is similar to the UKs. Trade marks protect symbols, colours or other devices used to identify a business products or services. A trade mark is valid for 10 years, then may be renewed indefinitely for further 10-year periods.

To apply for a trade mark registration in Thailand you can:

• apply online via DIP

• make an international trade mark application and select Thailand as a designated country. More information on international trade marks can be found in the protecting your trade mark abroad page

Good to know

UK businesses are required to file using an IP lawyer register in Thailand.

Patents

Like in the UK, patents for inventions can be protected for up to 20 years in Thailand. Thailand also provides protection for utility models for up to 10 years. Utility models are sometimes called mini-patents and require a lower level of inventiveness. All patent rights are subject to the payment of annual fees after theyve been granted.

To protect your invention with a patent or utility innovation in Thailand you can:

1. File an application directly to DIP.
2. File an international patent application and select Thailand as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. More information on international patents can be found in the?protecting your patents abroad page.
3. File an ASEAN application via the ASEAN Patent Examination Co-operation (ASPEC). This can reduce the cost and effort of applying for patents in multiple ASEAN countries.

Good to know

Thailand operates a first to file principle. If 2 people apply for a patent on an identical invention, the first one to file the application will be awarded the patent. Thailand does operate a grace period where you can register a patent within 12 months of any public disclosure.

You must use a patent lawyer registered in Thailand for your application.

Designs

In Thailand, design protection lasts for 10 years.

To protect your design in Thailand you must file an application directly to DIP.

Good to know

Thailand operates a first to file principle. If 2 people apply for an identical design, the first one to file the application will be awarded the protection.

UK applicants must appoint a registered Thai lawyer to complete the filing.

Copyright

As in the UK, copyright is an automatic right under Thai law however you can voluntarily register your copyright which can be helpful for enforcing your rights.

Works that can be protected by copyright laws in Thailand are defined as works which its author created with intelligence, knowledge, capacity and effort.

The length of protection varies but generally lasts for 50 years following the authors death.

Enforcing your rights

IP infringement can be aconcern for business in Thailand. If your IP rights are infringed, there are 3 main avenues to consider: customs, civil litigation or criminal prosecution however in many cases private mediation is a more effective option.

In civil litigation possible outcomes include seizures and damages while criminal prosecution can result in fines and/or imprisonment.

Thai customs can search, inspect and seize trade mark and copyright infringing goods coming in or out of the country either proactively or as a result of a notification from an IP rights holder.

More information

For specific support on IP enforcement, we have developed a question-and-answer guide to address commonly asked questions and concerns regarding IP enforcement landscape in Thailand here.

Market access barriers including those relating to IP can be reported.

UK ASEAN Business Council (UKABC) provides awareness on the latest opportunities in the region and facilitates trade and investment content delivery for UK companies looking to expand their operations into markets across Southeast Asia including Thailand.

British Chamber of Commerce in Thailand provide a variety of business advice, services and support to businesses operating in country.