GI: New Framework for International Geographical Indication Registration

Introduction:

Thailand’s Department of Intellectual Property (DIP) has released a draft ministerial regulation outlining the procedures for registering foreign Geographical Indications (GIs) under international agreements. This initiative marks a significant step toward enhancing the protection of GI products and fostering international cooperation in intellectual property rights. The regulation is currently open for public consultation, inviting stakeholders to provide feedback before its formal enactment.

Purpose and Scope:

The proposed ministerial regulation establishes a legal and procedural framework for registering foreign GIs in Thailand through mutual exchange agreements. It is grounded in the authority provided by the Geographical Indications Protection Act B.E. 2546 (2003), specifically referencing Sections 4, 9, 10, 15, 16, 18, and 19.

The ministerial regulation applies exclusively to GI registrations conducted under international agreements where Thailand and its counterpart mutually recognize and exchange lists of registered GIs. It also covers cases where such agreements are already binding but require additional GI registrations.

Key Provisions:

1. Definitions and Applicability

• “Application” refers to a request for GI registration submitted under an international agreement.
• “International Agreement” includes treaties or arrangements where GI protection is a key component.
• The ministerial regulation becomes effective from the date specified in the Royal Gazette.

2. Application Process:

• Applications must be submitted electronically via the DIP’s system or designated email.
• Required information includes:
  • Name of the GI
  • Product category
  • Applicant details
  • Country of origin
  • Product description
  • Geographical area definition
  • Link between the product and its geographical origin
• Applications may be submitted in Thai or English, with Thai translations for key sections if submitted in English.
• No application fee is required under this ministerial regulation.

3. Publication and Opposition:

• Accepted applications will be published with detailed information including registration number, product details, and origin.
• Oppositions must be submitted electronically, and applicants may respond through designated formats.

4. Registration and Record-Keeping:

• Registration numbers will be issued from the date the international agreement takes effect.
• The GI registry will include comprehensive details about the product, origin, and geographical linkage.

5. Appeals and Dispute Resolution:

• Applicants may appeal decisions through a representative residing in Thailand.
• Appeals are submitted to the Geographical Indication Committee.

6. Unsuccessful Negotiations:

• If international negotiations fail, the application is considered withdrawn, and relevant parties are notified.

7. Communication Protocol:

• All official correspondence will be routed through the negotiating partner.
• After 30 days of dispatch, communications are deemed received unless related to appeals.

Implications for Stakeholders:

This ministerial regulation simplifies and formalizes the process for foreign GI registration in Thailand, promoting transparency and efficiency. It also aligns Thailand’s GI framework with international standards, potentially boosting trade and protecting cultural heritage.

Producers, exporters, and legal representatives involved in GI products should closely review the draft and consider submitting comments to ensure their interests are represented.

Key Takeaways:

• Stakeholders are encouraged to participate in the public consultation to shape the final version of ministerial regulation.
• Thailand is introducing a structured process for registering foreign GIs under international agreements.
• Applications are streamlined, fee-exempt, and submitted electronically.
• The regulation enhances transparency in publication, opposition, and appeals.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

• Proposed Amendments to Anti-Corruption Legislation to Align with OECD Standards
• Notification of the Competent Officer on Exchange Control (No. 38) — Draft Amendment
• Thailand’s Proposed Updates to the Non-Preferential Certificate of Origin Framework for Exports to the United States and the European Union
• Thailand’s Expanding Trade Network: Key Updates on FTAs with Partner Countries
• Thailand FDA — Proposed Food Labelling Rules for Prepackaged Foods
• U.S. Tariff Developments Post Supreme Court Ruling