Thailand

 Thailand has a liberal free market economy in which foreign trade plays a key role. The economy policy pursued by Prime Minister Thaksin is aimed at giving a stronger stimulus to the domestic economy.

Economy
Thailand has a liberal free market economy in which foreign trade plays a key role. The economy policy pursued by Prime Minister Thaksin is aimed at giving a stronger stimulus to the domestic economy. This is to be achieved by means of dept-financed spending programmes in favour of the rural population and in increase in international competitiveness. The government actively supports the structural changes, which entail a move away from agriculture towards processing industries, technology sectors and services. Foreign investment is welcome and encouraged.
Although the Asian crisis in 1997 led to a temporary contraction of the Thai economy, the country quickly achieved a turnaround and generated new growth in the last years. Despite the war in Iraq and the SARS crisis the growth rate of about 6.0% in 2003 was much higher than expected.


A. Patent Law
If the owner of an invention wants him to prevent others from using, copying or making the invention without his consent he shall apply for patent protection at the Thai Patent Office.
The Thai Patent Office has two main sections: the general administration office handles the routine administration of applications, record-keeping, journal publications and granting of Letters Patent; the examining office carries out substantive examination of invention and design patent.
Patent protection in Thailand can be obtained either as a product or a process patent. The scope of product protection is wide in its application.
Although the degree of protection under a process patent is narrower, a process patent is still important for developing economies, to encouraging research and development activities and to arrive at alternative methods of production, especially of production of pharmaceuticals, chemicals and biotechnology.

1. Required documents:

        The applicant shall prepare the documents as follows in filing the application;

       1.1   detailed description of the invention
       1.2   legalized and/ or notarized power of attorney (in English or in Thai)
       1.3  deed of assignment (it is needed in the case that there is an assignment on the right.)
       1.4   certificate of priority (needed in the case he claims priority.)
       1.5.  statement of Applicant's Right to apply for a patent (if the applicant and the inventor is the same individual person). It shall be prepared in English or Thai.)

              If he can't file the documents in 1.2, 1.3 and 1.5 at the filing date, it will be possible to extend the filing date for 90 days.
              The applicant who claims priority shall file the document 1.4 within 16 months from the priority date. It is recommended to file it at               soon as possible.

              In the case where the applicant is a foreigner, the applicant must have an agent in Thailand.
              If priority is claimed, it is possible to file the description of invention in another language, but the title of the invention is needed in English.

Special Requirements:
Pursuant to the section 29 f the Patent Act 1999, the applicant shall request the competent officer to examine the invention as to its conformity with Section 5 within 5 years after publication of application. If there isn't a request to examine the invention within 5 years, the application shall be deemed to have abandoned. It isn't possible to request to examine the invention at he same time the application is filed.

After the request was examined, it takes about at least 2 years to be registered.

2. Duration/ Renewal
The new patent law extends the term of patents for inventions of 20 years from the filing date. In Thailand a patentee has an obligation to pay annual maintenance fees in order to keep his patent valid for the full term. The patent right can't be renewed.

3. Member of treaties
Thailand is not a member of the Paris Convention but a member of the WTO and TRIPs.

B. Trademark Law
A Trademark shall be registered if someone wants to control the use of a certain sign he is owning.

First of all, the applicant should check whether the mark is identical with or similar to another's registered trademark by searching from database of the department of Intellectual Property.

 1.  Required Documents

  1.1    a request for trademark registration: Kor. 01 form and 5 copies.

  1.2     two forms of Kor. 16

  1.3     Thirteen specimens of the marks

  Six specimens will be attached on the application form and copies, two   specimens have to be affixed on the cards of trademark, and the rest of   them are given to registrar.

  1.4    Power of attorney: If the applicant is not Thai, he has to submit a power of attorney along with the application. The power of            attorney has to be filed and notarized by a notary public.

  1.5    Translation: All documents, such as power of attorney, which are not in Thai language, have to be translated into Thai.

  1.6.   a copy of the identity card or passport of the applicant.

  1.7.  a certification of juristic status certified by the authorized person within 6 months from the issuance, except for a juristic person who is established under the laws of a foreign country which has been certified by a notary public as attached in the power of attorney.

           Then the applicant fills in an application form. A trademark application has to be completed by the proprietor or his agent in Thai Language, and filed with the trademark office on official            forms.
           The proprietor or his agent must have a place of business or address in Thailand at which he can be contacted by the trademark Office.

            The applicant should know the classification of his/ her mark.
             Each application for registration of a trademark may be made for specific goods in one class. The particular kinds of goods for which protection is desired shall be clearly specified. In other words, an application may not cover goods in more than one class.

             The applicant has to make 5 copies of the completed application form and then to affix the trademarks on both, the original application form and the copies.

              If the Trademark Office deems the trademark registrable, and provided that no opposition to the trademark arises within 90 days of its publication in the official journal, the trademark Registrar will grant a trademark registration.

2. International Classification
Thailand uses international classification.

3. Examination
Examination takes about six months.
The acceptance of the trademark shall be published upon the acceptance of the mark in Trademark journal for 90 days.

4. Duration/ Renewal
Renewal can be done at any time during the 90 days period prior to expiry date. If a owner of a registered trademark wants to renew his rights, he has to supply only notarized Power of attorney.

C. Copyright Law
A copyright exists from the time of creation of the work. However one can file an application with the department of Intellectual Property for copyright recordal, a record of copyright does not conclusively prove ownership or priority, but can be used as evidence in court. An Applicant shall enclose the following documents:

          1. Three copies of the Kor 01 form
          2. A copy of the copyrighted work
          3. A notarized power of attorney
          4. A copy of the identity card
          5. A certification of juristic status certified by the authorized person within 6 months, in case of a juristic person.