Intellectual
Properties
In
recent years, Thailand has pledged adherence to and has begun
rigorous enforcement of intellectual property law following
pressure from the United States and other international entities.
Until recently, Thailand had been notorious for the unlicensed
import, manufacture and sale of all manner of infringing products
from DVD/CDs to clothing and cosmetics. Under Thai law, there
are five Acts dealing chiefly with governing various aspects
of intellectual property. These are the Trademark Act, the Patent
Act, the Copyright Act, the Trade Secrets Act and the Geographic
Indications Act.
TRADEMARKS
Thailand
has a formal system of trademark registrations that was originally
based on the British system and has since been amended on several
occasions. The most recent amendment to the Trademark Act occurred
in 1999. The complete Trademark Act therefore comprised the
recent amendment of 1999 and the Act of 1991. The Trademark
Act as a whole controls the registration process and administration
of trademarks, service marks, certification marks and collective
marks.
Trademarks
and service marks are defined respectively by the Act as marks
intended to be used or proposed to be used for or in connection
with goods or services to indicate the rightful owner of the
goods and to make the goods or services distinguishable from
other goods or services
Registration
Process
A
non-resident wishing to register a trademark must appoint a
resident agent. All applications must be filed in the Thai language.
If an applicant or owner of the marks is not domiciled in Thailand
, then the agent shall be deemed the domicile of the applicant/owner
of the marks as specified in the application. This is done for
the purpose of filing of suits or for court proceedings and
to receive any applicable notices or summons related to the
trademark application.
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