Geographical Indications: Cabinet Approval of Draft Ministerial Regulation for Registration of Foreign Geographical Indications under International Agreements

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Geographical Indications: Cabinet Approval of Draft Ministerial Regulation for Registration of Foreign Geographical Indications under International Agreements

The Thai Cabinet, during its meeting on November 11, 2025, approved the principle of the Draft Ministerial Regulation on the Application for Registration of Foreign Geographical Indications under International Agreements B.E. …., as proposed by the Ministry of Commerce. This decision marks a significant advancement in aligning Thailand’s geographical indications (GIs) framework with international obligations, particularly in the context of ongoing Free Trade Agreement (FTA) negotiations with the European Union. The draft has been forwarded to the Council of State for urgent review, incorporating the Council’s observations, to facilitate expeditious implementation.

Background and Rationale:

The draft regulation arises from Thailand’s FTA negotiations with the European Union, which emphasize the mutual protection of GIs through the exchange of lists between parties. Currently, Thailand lacks specific legal provisions to accommodate this exchange mechanism under international agreements. The Ministry of Commerce has deemed this regulation urgent to fulfill governmental policy objectives, with the next round of negotiations anticipated in the first quarter of 2026. The regulation establishes dedicated procedures for registering foreign GIs via list exchanges, while maintaining alignment with the Geographical Indications Protection Act B.E. 2546 (2003).

Key Provisions of the Draft Regulation:

The draft regulation outlines principles and procedures for registering foreign GIs under international agreements, applicable to ongoing negotiations and existing agreements seeking additional registrations. Upon finalization of GI lists between Thailand and a partner country, the partner must adhere to the procedures under the Geographical Indications Protection Act B.E. 2546 (2003), including application submission, examination, publication, opposition, counterstatement, registration, and appeal. However, the draft regulation introduces distinctions to streamline the process:

1.  Application Submission: Partner countries may submit applications in Thai or English using prescribed forms via electronic systems or email, as specified in Clauses 5 and 6 of the draft regulation. This contrasts with the current requirement for Thai-language forms submitted through traditional channels (e.g., in-person at the Department of Intellectual Property, provincial commerce offices, or e-Filing).

2.  Fee and Document Exemptions: Applications are exempt from registration fees and certain supporting documents, such as copies of identification cards, passports, corporate certificates, or powers of attorney, per Clause 7 of the draft regulation. For English-language submissions, Thai translations are required only for essential documents related to product details, geographical origin, and linkages, as per Clause 6 of the draft regulation.

3.  Opposition and Appeal Processes: Oppositions and counterstatements can be filed electronically or via email per Clause 9. Officials and the Registrar will follow the Act’s provisions for examination per Sections 11 and 12 of the Act , 90-day publication for oppositions per Section 15 of the Act, adjudication of oppositions and counterstatements per Section 18 of the Act, and appeals per Clause 11 of the draft regulation.

4.  Registration and Protection: Absent oppositions or upon final dismissal of any, the GI lists are incorporated into the agreement’s annex. Protection commences on the agreement’s entry-into-force date, with the Registrar effecting registration thereafter under Section 19 of the Act and Clause 10 of the draft regulation.

5.  Termination Provision: If negotiations cease, applications are automatically withdrawn under Clause 12 of the draft regulation.

These modifications aim to expedite registrations for partner countries while upholding procedural integrity.

Consultation and Impact Assessment:

The Department of Intellectual Property conducted public consultations from July 1 to 15, 2025, via the central legal system (www.law.go.th) and its website (www.ipthailand.go.th), in compliance with the Act on Criteria for Drafting Laws and Evaluating the Achievement of Laws B.E. 2562 (2019) and related regulations. Three responses were received, leading to a summary report and impact analysis, both published online.

An assessment under Sections 27 and 32 of the Fiscal Discipline Act B.E. 2561 (2018) estimates a revenue loss of approximately 98,000 baht from fee exemptions. However, Thai GIs seeking protection in partner countries will benefit reciprocally from similar waivers, enhancing trade opportunities.

Expected Benefits:

The draft regulation supports seamless FTA negotiations, boosts Thailand’s international competitiveness, and promotes local products by elevating Thai GIs’ global recognition. It benefits farmers, producers, and communities by fostering economic growth through enhanced market access and community identity preservation.

Key Takeaways:

•  Cabinet Approval: The Thai Cabinet has endorsed the draft regulation’s principle, advancing it to the Council of State for review to meet FTA timelines.

•  Streamlined Process: The regulation introduces fee exemptions, simplified documentation, and electronic submissions for foreign GI registrations under international agreements, differing from general procedures.

•  Alignment with Existing Law: Core processes like publication, opposition, and examination remain governed by the Geographical Indications Protection Act B.E. 2546 (2003).

•  Economic Impact: While incurring minor revenue loss, the measure reciprocally benefits Thai GIs abroad, promoting trade and competitiveness.

•  Next Steps: Implementation is targeted for early 2026, pending Council review and finalization, to support ongoing EU negotiations

Author: Panisa Suwanmatajarn, Managing Partner.

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