Bill to Amend the Geographical Indications Protection Act

Introduction

The Geographical Indications Protection Act B.E. 2546 (2003) (GI Act) is a pivotal legislation that promotes, safeguards, and adds value to Thai geographically indicated products. Geographically Indicated Products (GI Products) are goods whose specific quality, reputation, or characteristics are directly linked to and attributed to a particular geographical origin indicated by a name, symbol, or other protected terms under Geographical Indication (GI) laws. Thailand, being home to numerous GI Products such as Nont durians, Phetchabun sweet tamarinds, Chaiya salted eggs, and Hom Mali Thung Kula Rong-hai rice, must ensure the enforceability of the GI Act to protect the biological diversity, unique environment, and other features that contribute to the creation of products bearing the distinct characteristics of their origin.

In light of this, a bill has been proposed to amend the GI Act, with a focus on enhancing the credibility of geographical indicators through quality control systems, distinctive symbols, expedited registration processes, and refined protection scopes. These amendments also seek to align GI registrations with international agreements, emphasizing their significance in adapting Thailand’s legal framework to the evolving landscape of GI protection.

Proposed Amendments to the GI Act

The proposed amendments to the GI Act in 2024 represent a significant step forward in refining and strengthening the legal framework governing GI in Thailand. Notable adjustments include:

• Redefining the definition of “Geographical Indication” and proposing additional defined terms such as “Interested Party,” “Product Producer,” and “Trader”.
• Introducing additional prohibited characteristics in the registration process.
• Allowing GI registration under international agreements’ requirements.
• Amending the details for GI registration, including the requirement of a control system to check the quality of geographical indications.
• Changing the objection period from 90 days to 60 days and specifying reasons for objection according to the provisions of the Act and the Ministerial Regulations.
• Including the GI mark as a protected mark under the Act.
• Changing penalties from criminal fines to disciplinary fines.

Furthermore, the amendments establish a rigorous quality control and inspection system to ensure that registered geographical indications consistently meet specified standards. The expanded regulatory framework also includes provisions for the use and authorization of GI symbols, emphasizing the importance of controlled and accurate representation. These amendments not only strengthen the protection of geographical indications but also highlight Thailand’s commitment to upholding the integrity of its unique regional products in the global marketplace.

Registration in Thailand

The registration of GIs in Thailand is governed by comprehensive criteria outlined in the GI Act. To qualify for registration, a GI must not be a common name for the associated product and should align with public order, morality, and state policies. Foreign GIs seeking protection in Thailand must provide clear evidence of their protected status in their country of origin, demonstrating continuous use up to the application date. The applicant must have the rightful eligibility to apply for GI registration, and the application should encompass detailed information on the quality, reputation, or other characteristics of the product’s geographical origin.

Disciplinary Fines for Violations of the Act

Engaging in activities prohibited by the GI Act carries the risk of substantial disciplinary fines, with a maximum fine of two hundred thousand baht. Violations include deceptive use of GIs to mislead consumers about the true origin of products, potentially causing harm to other traders. The GI Act also imposes punishment on actions that undermine the quality, reputation, or other characteristics associated with the geographical origin of a product. Whether it involves misleading representations, false claims, or any act detrimental to the GIs of products, the legislation aims to maintain the authenticity and credibility of these indicators.

Conclusion

In conclusion, the proposed amendments to Thailand’s GI Act of 2003 signify a significant step toward aligning the legal framework with contemporary needs. These changes introduce quality control measures, distinctive symbols, expedited registration processes, and refined protection provisions to enhance the credibility of geographical indicators on a global scale. Prominent examples like “Champagne” and “Parmigiano-Reggiano” demonstrate the broader impact of GIs on cultural identity and economic vitality. These protections serve as vital tools for maintaining authenticity and ensuring quality assurance. The stringent criteria for registration underscore Thailand’s dedication to maintaining the integrity of the system, protecting intellectual property, and reinforcing the credibility of GIs.

Author: Panisa Suwanmatajarn, Managing Partner.

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