INTELLECTUAL PROPERTY LAW IN THAILAND Present by Phanit Ratasuk, AIT Marketing group

Intellectual Property Law in Thailand Patent Act B.E (1979), the amended patent Act B.E (1992) and the amended patent Act B.E (1999) Trade Mark Act B.E (1991) Copyright Act B.E (1994)

Intellectual Property Industrial Property Copyright

Intellectual Property Geographical Indication Patent Invention Utility Model Layout Designs of Integrated Circuit Layout Designs of Integrated Circuit Trade Mark Certification Mark Certification Mark Trade Name Service Mark Service Mark Collective Mark Collective Mark Trade Secrets Copyright Neighboring Rights Neighboring Rights Computer Program Data Base Product Design

Industrial Property Patent Trademark Layout-Designs of Integrated Circuit Trade Secrets Trade Name Geographical Indicator

Patent Means the official document issued by the government to protect invention or product design

Invention New products New processes performance which improving products or procedures Term of protection subsists for 20 years

Product design Shape of products or composition of decorative design or color of the products, which having a product distinction; used as a format of industrial products including handicraft works Term of protection subsists for 10 year

Patentable new invention involve an inventive step capable of industrial application

Unpatentable Microorganism, animal and plant Scientific and mathematics rule and theory Software Medical or diagnostic procedure Any invention that violate to custom, sanitary and security of people

Infringement of Patent Imprisonment for a term not exceeding 2 years or fine not exceeding 400,000 Baht or both

Number of Patent Application Number of application Year Data from Department of Intellectual property

Number of Granted Patent Number of granted patent Year Data from Department of Intellectual Property

Comparison between application & publication & granted patent Number Year

Patent Application Step applicant files application Applicant requested to pay publication fee within 90 days Application examined for formalities Applicant given 90 days to correct Application deemed abandoned Application rejectedAppeal to board Appeal to court Application published Application deemed abandoned Issuance of decisionAppeal to boardAppeal to court Applicant requests examination within 5 years of publication Substantive examination Requested for foreign search & for examination reports Application notified Application deemed abandoned Patent registered and granted Application refused Appeal to courtAppeal to board Applicant requested to pay granted fee Application deemed abandoned

Granted Patent for HIV Invention items example : HIV Protease Inhibitor, HIV antigen, reagent system and kit for detecting HIV infected cells

Patent World-wide Principle are the same Requirement for a patent varies among countries

International Treaty Paris Convention for the Protection of Industrial Property Patent Cooperation Treaty

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