Overview Intellectual Property Protection in Thailand
Thailand offers a robust and multifaceted legal framework to protect intellectual property (IP), making it an attractive destination for businesses seeking to expand into Southeast Asia. Here’s a comprehensive breakdown of the IP landscape:
Thai law recognizes four main types of IP rights:
Patents: Cover inventions, utility models, and industrial designs.
Trademarks: Protect brands, logos, and service marks.
Copyrights: Safeguard creative works like writings, music, art, software, and architectural designs.
Trade Secrets: Shield confidential business information critical to competitive advantage.
Registration vs. Automatic Protection
Patents, trademarks, and geographical indications must be registered with the Department of Intellectual Property (DIP) to be enforceable.
Copyrights are automatically protected upon creation—and last for 50 years after an author’s death—though voluntary registration can help in legal disputes.
Trade secrets rely on confidentiality measures rather than formal registration.
Patent Protection in Thailand
Thailand allows three types of patent protection:
Invention patents (up to 20-year term)
Petty patents (utility models; up to 10 years)
Design patents (up to 10 years)
To qualify, inventions must be novel, industrially applicable, and involve an inventive step. Petty and design patents have more simplified requirements. Novelty is judged on an “absolute” basis—any prior public disclosure can disqualify an application .
International frameworks, such as the Patent Cooperation Treaty (PCT), allow applicants to extend protection to Thailand via one filing
Trademarks
In Thailand, trademark protection is granted to marks that are distinctive, not prohibited by law, and capable of identifying goods or services. Once registered with the Department of Intellectual Property (DIP), trademark rights are valid for 10 years and can be renewed indefinitely in 10-year increments. The mark can consist of names, symbols, logos, sounds, or even combinations of these. Businesses are advised to register both their English and Thai transliterations of the brand to prevent local imitation. Trademark registration offers a clear advantage in enforcement actions, including lawsuits and customs border protection against counterfeit imports.
Geographical Indications (GI)
Geographical Indications are signs used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location. Thailand’s GI system allows both domestic and foreign producers to register GIs, with protection granted for an unlimited duration, subject to continued use and reputation. GI protection is especially relevant for agricultural products, food, and handicrafts, as it helps maintain brand integrity and adds marketing value by emphasizing origin-based uniqueness.
Trade Secrets
Trade secrets are protected under the Trade Secrets Act, which safeguards information not generally known or readily accessible, and that has commercial value due to its secrecy. This includes formulas, methods, procedures, or business strategies. Unlike patents or trademarks, there is no registration process for trade secrets. Instead, businesses must implement internal controls such as Non-Disclosure Agreements (NDAs), restricted access protocols, and employee confidentiality clauses to demonstrate efforts to maintain secrecy. Legal remedies for trade secret misappropriation include injunctions, damages, and in some cases, criminal penalties.
Trade Secrets
Trade secrets are protected under the Trade Secrets Act, which safeguards information not generally known or readily accessible, and that has commercial value due to its secrecy. This includes formulas, methods, procedures, or business strategies. Unlike patents or trademarks, there is no registration process for trade secrets. Instead, businesses must implement internal controls such as Non-Disclosure Agreements (NDAs), restricted access protocols, and employee confidentiality clauses to demonstrate efforts to maintain secrecy. Legal remedies for trade secret misappropriation include injunctions, damages, and in some cases, criminal penalties.