Protecting IP Ownership and Rights in Thailand: 7 Things Employers Need to Know

2. Register your trademarks and patents with the trademark office of the Ministry of Commerce

Registration plays a critical role in IP protection in Thailand. The trademark office, a division of the Ministry of Commerce, handles trademark registration, including service marks, collective marks, and certification marks. Copyright protection is automatic in Thailand, but copyright owners can opt for registration through the Copyright Office for additional legal security. Employers should be aware of the specific registration process, as it enhances their ability to take legal action against IP violations.

Your trademark and patent rights are also enforceable only if they’re registered with the Thai Department of Intellectual Property. Although the process may seem daunting—from filing your trademark applications to going through the patent cooperation treaty (PCT) stages for your patent application—registration amplifies the power of your IP agreements.

3. Employers must localize international IP agreements 

Employers should be aware of Thailand's involvement in international trademark and patent agreements. The country is a member of the World Intellectual Property Organization (WIPO) and participates in the Patent Cooperation Treaty (PCT), facilitating international patent applications. However, employers need to localize their IP agreements to comply with Thai law, despite any international trademark agreements.

Localizing means tailoring these agreements to comply with Thai law. Thai IP laws have unique provisions and requirements that might not exist in your home jurisdiction. For instance, the concept of petty patents or the protection granted to Geographical Indications are distinct elements of Thai IP law.

4. Don’t infringe on Geographical Indications

Geographical Indications (GIs) are a unique aspect of Thai IP law. GIs are a type of intellectual property right that recognize a product as originating from a specific region, where a given quality, reputation, or characteristic is essentially attributable to its geographical origin. In Thailand, famous GIs include the likes of jasmine rice from Surin province, or Doi Tung coffee from Chiang Rai province. These GIs are more than just names—they're a brand identity that encapsulates the quality, craftsmanship, and heritage of the region.

As an employer, you need to care about GIs because they can directly impact your business if your products or services have any interaction with GI-protected items. Infringement on a GI can lead to legal action, and unknowingly using a GI can sometimes result in costly litigation. Understanding how GIs work and respecting these protections not only avoids potential legal hurdles but also respects and upholds local Thai culture and heritage.

Furthermore, you should also be aware that Thailand is a member of the ASEAN Economic Community, which is working towards harmonizing GI protection across Southeast Asia. This move could potentially broaden the spectrum of GIs your business needs to consider.

5. Your company’s trade secrets are protected under the Trade Secrets Act

Trade secrets are protected under the Trade Secret Act B.E. 2545 (2015). It safeguards confidential business or technical information, including methods, techniques, or processes that hold commercial value. Employers should adopt measures to ensure the confidentiality of their trade secrets, such as limiting access to essential information and using non-disclosure agreements (NDAs).

However, trade secrets aren't protected by registration. Instead, your defense lies in well-drafted IP agreements that prevent unauthorized disclosure or use by employees, contractors, and partners.

6. Enforcing IP agreements is your responsibility

IP violations in Thailand can range from counterfeiting and piracy to unauthorized use of trade secrets. Thailand has provisions to deal with IP violations, including remedies for infringement and measures against unfair competition. Keeping a watchful eye on the market and enforcing your IP agreements is crucial. 

In case of an IP violation, employers can file a complaint with the Department of Intellectual Property or take legal action under Thai law. The United States Trade Representative has included Thailand in the Watch List, indicating a higher level of scrutiny on IP issues. Understanding the repercussions of IP violations and the steps to address them is critical.

7. Keeping Up with Changes in IP Law

IP laws in Thailand are subject to change, and employers need to stay updated. Recently, there has been a focus on revising the IP law to protect geographical indications and enhance IP protection for ASEAN countries. Employers need to keep an eye on these developments to ensure their IP agreements and practices comply with the latest regulations.