What is IPR in Thailand

1. Industrial Property

1.1. Patent

Patent is a legal title granting to the patent proprietor a monopoly right to manufacture use and sell his patented invention or design. A granted patent gives the patentee the sole right to exploit and take legal action to prevent other people from exploiting, without the patentee�fs consent a patented invention or design. Thai patent is divided into 2 types as follows:

1.1.1. Invention

Invention is any discovery or invention resulting in a new product or process, or any improvement of a product or process.

1.1.2. Industrial Design

Design is any configuration of a product or composition of lines or colors which gives a special appearance to a product and which can serve as a pattern for a product of industry or handicraft. In some other countries, patent means only invention, excluding industrial design but in Thailand, patent includes industrial design.

1.2. The Trademarks

1.2.1. Trademark

A mark used or proposed to be used on or in connection with goods to distinguish the goods with which the trademark of the proprietor of such trademark is used from goods under another person�fs trademark.

1.2.2. Service mark

A mark used or proposed to be used on or in connection with services to distinguish the service mark of the proprietor of such service mark from services under another person�fs service mark.

1.2.3. Certification Mark

A mark used or proposed to be used by the proprietor or in connection with goods or services of another person to certify the origin, composition, method of production, quality or other characteristics of such goods or to certify as to the nature, quality, type or other characteristics of such services.

1.2.4. Collective Mark

A trademark or service mark used or proposed to be used by companies or enterprises of the same group or by members of an association, cooperative, union, confederation, group of persons or any other states or private organizations.

1.3. Trade secret

Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade such confidential information will be protected against those who obtain access through improper methods or by a breach of confidence. In Thailand, Trade secret is still in the process of council of state.

1.4. Trade name

A symbol used to identify and distinguish companies, partnerships and business, as opposed to marks used to identify and distinguish goods/services. In Thailand, there is no proposition to consideration because the existence of civil and commercial laws already cover the issues of trade name.

1.5. Geographical Indications (Indications of source or appellations of origin)

A term refers to the geographic. In Thailand, Geographical Indications is still in the process of council of state. Hopefully, it shall be enacted by July 1999.

1.6. Integrated Circuit (IC)

An IC is an electronic device that combines circuit elements always linked on, or in, a continuous material. More broadly, it is an active electronic device, or a combination of active electronic devices and passive electronic devices, configured in and upon a single semiconductor crystal in a manner, which facilitates the performance of an electronic function. In Thailand, IC has past the council of state and at the moment, it is in the process of consideration of parliament.

2. Copyright And Related Rights

Copyright means the exclusive right to do any act with respect to the work created by the author. Creative works include the literary, dramatic, artistic, musical, audio-visual, cinematography, sound recording, broadcast fields or any other works in the literary, scientific, or artistic of the author irrespective of the method or form of its expression.