Tag: copyright

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Patent: Third-Party Observations in the Patent Application Process

A patent is a legal document that grants an inventor exclusive rights to produce, use, and sell their invention for a specified period, as defined by law. This protection incentivizes innovation by safeguarding the inventor’s intellectual property. Patents can be registered through various mechanisms, such as a conventional patent application or the Patent Cooperation Treaty (PCT) system. A critical component of the patent examination process is the Third-Party Observations system, which allows external parties to contribute information that may influence the approval or rejection of a patent application. This article explores the conventional patent application process, the role of Third-Party Observations, the rationale behind this system, and how the Department of Intellectual Property (DIP) incorporates these observations into its decision-making process.

Conventional Patent Application Process

To obtain a patent, an application must meet stringent legal requirements. The process begins with the submission of a patent application to the Department of Intellectual Property. If the application is complete and adheres to procedural standards, the DIP will publish a notice of the application and inform the applicant to pay for the publication fee. During the publication period, third parties who believe the application fails to meet legal criteria—such as patentability, inventive step, or rightful ownership—may file an opposition. Following the publication phase, the applicant is required to request for a substantive examination, which an official examiner will conduct a thorough search and examination to determine whether the invention is novel and non-obvious by comparing it to existing inventions, including those documented internationally. If the application complies with all legal requirements, the patent is granted. Conversely, non-compliant applications are rejected.

The Third-Party Observations System

The Third-Party Observations system enables individuals or organizations, who are neither the patent applicant nor the examining officer, to submit written information or evidence to challenge a patent application. These submissions, which may include letters, formal statements, or supporting documents, typically assert grounds for opposition, such as lack of patentability, insufficient inventive step, or improper ownership of the invention. The primary objective of these observations is to provide the examiner with relevant evidence that could justify rejecting the application. Notably, filing Third-Party Observations incurs no fee, making the system accessible to a wide range of stakeholders.

scheme of modern photo camera

Rationale for the Third-Party Observations System

The Third-Party Observations system serves several critical purposes in the patent registration process:

  • Preventing Undeserved Patents: By allowing the public to submit additional information or evidence, the system helps ensure that only qualifying inventions are granted patents, reducing the risk of approving applications that do not meet legal standards.
  • Enhancing Examination Effectiveness: Third-party input supplements the examiner’s resources, improving the accuracy and thoroughness of the patent review process and ensuring compliance with legal requirements.
  • Reducing Future Disputes: By addressing potential issues during the examination phase, the system minimizes errors that could lead to costly and complex legal conflicts after a patent is granted.
  • Protecting Third-Party Rights: The system empowers external parties to safeguard their own interests by preventing others from unlawfully benefiting from their intellectual property.

DIP’s Consideration of Third-Party Observations

When Third-Party Observations are submitted, the Department of Intellectual Property incorporates them into the patent examination process. The DIP accepts and reviews all relevant counterarguments, documents, and evidence provided by third parties. While the examiner retains full discretion to determine the persuasiveness of the submitted information, these observations are carefully evaluated as part of the decision-making process. The examiner uses their professional judgment to assess the validity and relevance of the evidence, ensuring that the final ruling on the patent application is informed and equitable.

Conclusion

The Third-Party Observations system is a vital mechanism in the patent application process, fostering transparency, fairness, and accuracy in the granting of patents. By allowing external parties to contribute evidence and arguments, the system strengthens the examination process, prevents the issuance of undeserved patents, and protects the rights of stakeholders. The Department of Intellectual Property’s commitment to reviewing these observations ensures that patent decisions are well-informed and aligned with legal standards. Ultimately, the Third-Party Observations system enhances the integrity of the patent system, promoting innovation while safeguarding the public interest.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand : Copyright Recordal

Copyright protection grants the creator exclusive rights to utilize their original work, which is the product of their intellect, knowledge, skills, and effort, without reproducing the work of others. This protection is automatically conferred upon the creation of the work, and no formal registration is required.

Recordal of Copyright Information with the Department of Intellectual Property

The process of notifying the Department of Intellectual Property (DIP) in Thailand about copyright does not establish or certify ownership of the work. Instead, it serves as a formal record of the applicant’s claim to ownership, based on their own declaration. Any certificate issued by the DIP solely acknowledges the notification and does not constitute proof of legal ownership. In cases of disputes regarding copyright ownership, resolution must be sought through judicial proceedings, where courts will adjudicate based on the specific circumstances of each case.

Eligible Works for Copyright Recordal

  • The following categories of works are eligible for copyright notification with the DIP:
  • Literary Works
  • Dramatic Works
  • Artistic Works
  • Musical Works
  • Audiovisual Works
  • Cinematographic Works
  • Sound Recordings
  • Broadcasting Works
  • Other Works in the fields of literature, science, or fine arts

Ineligible Works for Copyright Recordal

  • Certain types of works are not eligible for copyright notification, including:
  • Ideas, procedures, processes, systems, methods of use or operation, concepts, principles, discoveries, or scientific or mathematical theories
  • Daily news and factual information are presented as mere news reports
  • Constitutions and laws
  • Regulations, rules, notifications, orders, explanations, and official correspondence issued by ministries, departments, government agencies, or local administrative organizations
  • Court judgments, orders, decisions, and official reports
  • Translations and compilations of daily news, laws, regulations, official documents, judgments, or reports prepared by ministries, departments, government agencies, or local administrative organizations
man standing on rock formation

Application Submission

The application and supporting documents can be submitted at DIP , registered post, or online channel at the DIP website.

Key Required Documents for Copyright Recordal

Documents regarding the copyright work are one of the key required documents, which will depend on each copyright work itself. For example, for computer software, the key required document is parts of the source code, and for dramatic works, the key required document is photographs of the performance together with descriptions of each sequence of movements. The applicant is able to authorize its representative to submit the application on its behalf through the power of attorney. If the power of attorney is made or entered into abroad, it must be notarized.

Language Requirement

The application must be in Thai. However, the supporting documents can be in any other language.

Benefits of Copyright Recordal

Recording copyright information with the DIP offers several advantages, including:

  • Official Documentation: Provides a formal record of the applicant’s claim to ownership, which can serve as supporting evidence in legal proceedings.
  • Enhanced Credibility: Demonstrates the applicant’s assertion of rights, which may deter potential infringers.
  • Facilitation in Disputes: Assists in establishing a timeline of claimed ownership, which can be useful in resolving disputes.
  • Public Record: Creates a publicly accessible record of the copyright claim, increasing transparency.

Statistics on Copyright Recordal

According to the DIP’s database, over the past five years, a total of 43,369 copyright notification requests have been submitted. The three most frequently recorded categories are artistic works, literary works, and musical works.

several paintbrushes

Key Takeaways

Artistic works, literary works, and musical works are the most commonly recorded categories, with 43,369 requests over the past five years.

Copyright protection is automatic upon creation, but recordal with the DIP provides a formal acknowledgment of the applicant’s claim.

Recordal does not certify ownership; disputes must be resolved through judicial proceedings.

Eligible works include literary, artistic, musical, and other creative works, while ideas, laws, and factual news reports are ineligible.

The recordal process is conducted online, requiring specific documents and identity verification, with the application to be submitted in Thai.

Benefits of recordal include official documentation, enhanced credibility, dispute facilitation, and a public record of the claim.

Author: Panisa Suwanmatajarn, Managing Partner.

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US Watch List: Strategic Intellectual Property Work Plan for Removal

Background:

Under the framework of the U.S. Special 301 Report, the Office of the United States Trade Representative (USTR) annually evaluates the intellectual property (IP) protection and enforcement standards of its trading partners. This assessment categorizes countries into three tiers: Priority Foreign Country (PFC), Priority Watch List (PWL), and Watch List (WL), each with significant implications for trade relations. The 2025 Special 301 Report maintains Thailand’s designation on the Watch List, a status it has held since 2017, following a decade on the PWL from 2007 to 2016. This placement reflects progress in Thailand’s IP framework but underscores ongoing challenges that impact its trade relationship with the United States. Please see 2025 Thailand status in our previous article in the link https://thelegal.co.th/2025/05/14/thailands-2025-special-301-report-on-intellectual-property-protection-and-enforcement-released/

To address these challenges and achieve removal from the Watch List, Thailand has developed a comprehensive IP Work Plan, aimed at aligning its IP ecosystem with international standards. On August 6, 2025, the National Intellectual Property Policy Committee, chaired by senior government officials and involving over 20 public sector agencies, convened to formalize this strategy. The meeting, held at the Ministry of Finance, emphasized the critical role of IP in driving economic growth, fostering innovation, and enhancing Thailand’s global competitiveness, particularly for small and medium enterprises (SMEs).

Key Pillars:

The approved Intellectual Property Development Plan for 2026–2027 serves as the cornerstone of Thailand’s efforts. This plan is structured around four key pillars:

1.  Legislative Development: Modernizing IP laws to meet global best practices, including updates to existing regulations and the introduction of new frameworks where necessary.

2.  Enforcement Enhancement: Strengthening mechanisms to combat IP infringement through improved inter-agency coordination, robust enforcement measures, and stricter penalties.

3.  Public Service Optimization: Streamlining IP-related services, such as registration and examination processes, to enhance accessibility and efficiency for stakeholders.

4.  Stakeholder Engagement and Awareness: Promoting public participation and increasing societal awareness of IP rights to foster a culture of respect for innovation and creativity.

These pillars aim to create a robust IP ecosystem that supports innovation from creation to commercialization, benefiting SMEs and attracting foreign investment. The plan also prioritizes elevating Thailand’s ranking in the Global Innovation Index (GII) through six strategic initiatives: leveraging research and innovation investments, enhancing innovation value through creativity and IP, developing financial and capital market mechanisms for innovation, promoting the scaling and utilization of innovations, fostering innovation-based enterprises and skilled talent, and improving innovation data management.

The IP Work Plan is a proactive response to the USTR’s concerns, specifically designed to address deficiencies highlighted in the Special 301 Report. By implementing these measures, Thailand aims to strengthen its IP framework, enhance enforcement, and demonstrate its commitment to international IP standards. Successful execution is expected to facilitate Thailand’s removal from the Watch List, improve bilateral trade relations with the United States, and provide greater protection for both domestic and international IP holders.

Key Takeaways:

  • Successful implementation of the IP Work Plan is critical for Thailand’s removal from the U.S. Watch List, strengthening trade relations, and enhancing protections for IP holders.
  • Thailand’s continued Watch List status in the 2025 U.S. Special 301 Report underscores the need for enhanced IP protection and enforcement.
  • The Intellectual Property Development Plan 2026–2027, built on legislative, enforcement, service, and awareness pillars, aims to align Thailand’s IP ecosystem with global standards.
  • Strategic initiatives focus on fostering innovation, supporting SMEs, and improving Thailand’s Global Innovation Index ranking.

Author: Panisa Suwanmatajarn, Managing Partner.

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Copyright: Legislative Amendments to Comply with the WIPO Performances and Phonograms Treaty under the RCEP

Thailand became a member of the Regional Comprehensive Economic Partnership (RCEP), a significant multilateral trade agreement, effective January 1, 2022. As part of its commitments under the RCEP, Thailand is obligated to accede to the WIPO Performances and Phonograms Treaty (WPPT) by January 1, 2027, within five years from the RCEP’s entry into force. The WPPT, administered by the World Intellectual Property Organization (WIPO), establishes international standards for the protection of performers’ and phonogram producers’ rights, particularly in the digital environment. To fulfill this obligation, Thailand has undertaken amendments to its Copyright Act B.E. 2537 (1994) (Copyright Act) to align domestic legislation with the treaty’s requirements and to address technological advancements. These amendments, outlined in a draft act reviewed by Thailand’s Council of State, aim to enhance protections for performers and creators while updating penalties for copyright infringement.

Purposes of the Draft Act:

The draft act introduces several key amendments to the Copyright Act to ensure compliance with the WPPT and to strengthen intellectual property protections. The primary objectives are as follows:

1.  Enhancement of Performers’ Rights: The draft revises Sections 44, 49, 52, and 53 and introduces new Sections 44/1 and 44/2 to expand performers’ exclusive rights. These rights now encompass the distribution of original works or copies, making works publicly accessible through electronic media, and renting originals or copies. Performers are also granted the authority to license these rights to others, with or without conditions, thereby strengthening their control over their performances.

2.  Fair Remuneration for Performers: Section 45 is amended to ensure performers receive fair compensation for the broadcasting or public distribution of sound recordings, regardless of whether the use is for commercial purposes. Previously, performers were entitled to remuneration only for commercial uses. The amended provision allows performers to collect compensation from users of sound recordings or from copyright owners (when the latter act as collectors), providing more comprehensive protection for performers’ economic interests.

3.  Expanded Protection for Creators’ Copyright: The draft amends Sections 8(1) and 8(2) to broaden the criteria for creators to acquire copyright. For unpublished works, creators must be Thai nationals, reside in Thailand, or be nationals of or reside in a country party to an international copyright protection convention during most or all of the creation period. For published works, copyright is granted if the work is published in Thailand or any country party to such a convention. These changes align Thailand’s copyright framework with international standards, ensuring broader protection for creators.

4.  Revision of Penalties for Infringement: The draft revises Sections 69, 69/1, and 70 to adjust penalties for copyright and performers’ rights infringements. Previously, under Section 69, infringement carried a fine of 20,000 to 200,000 baht, with commercial infringements incurring imprisonment of six months to four years and a fine of 100,000 to 800,000 baht, or both. The amendment removes the minimum penalties, setting a fine not exceeding 200,000 baht for general infringement and, for commercial infringement, imprisonment not exceeding four years and a fine not exceeding 800,000 baht, or both. Similarly, Section 69/1, addressing specific infringements under Section 28/1, now imposes imprisonment not exceeding four years or a fine not exceeding 800,000 baht, or both, also removing minimum penalties. These changes grant courts greater discretion in sentencing to ensure penalties are proportionate to the circumstances of each case while maintaining the maximum penalties.

Analysis of Key Provisions:

The amendments significantly strengthen performers’ rights by expanding their scope to include digital distribution and public accessibility, reflecting the WPPT’s emphasis on protecting performances in digital environments. The inclusion of non-commercial uses in performers’ remuneration rights under Section 45 marks a significant advancement, ensuring fair compensation across a broader range of uses. This provision enhances economic protections for performers, aligning with international standards for equitable remuneration.

The revised criteria for copyright acquisition under Section 8 facilitate broader protection for creators, particularly those from countries party to international copyright conventions. This amendment ensures Thailand’s compliance with global intellectual property frameworks, fostering an environment conducive to creative innovation.

The adjustment of penalty provisions reflects a balanced approach, removing mandatory minimum penalties to allow judicial flexibility while preserving stringent maximum penalties to deter infringement. This ensures that penalties are tailored to the severity and context of each case, promoting fairness in enforcement.

Key Takeaways:

•  RCEP and WPPT Compliance: Thailand’s accession to the RCEP mandates alignment with the WPPT by January 1, 2027, necessitating updates to its Copyright Act to protect performers and creators in line with international standards.

•  Strengthened Performers’ Rights: Amendments to Sections 44, 44/1, 44/2, 45, 49, 52, and 53 enhance performers’ exclusive rights and ensure fair remuneration for both commercial and non-commercial uses of sound recordings.

•  Broader Creator Protections: Revisions to Sections 8(1) and 8(2) expand copyright eligibility, aligning Thailand’s laws with international conventions and fostering creative output.

•  Flexible Penalties: Updates to Sections 69, 69/1, and 70 remove minimum penalties, granting courts discretion to impose proportionate sanctions while maintaining robust maximum penalties for deterrence.

•  Technological Alignment: The amendments address digital-era challenges, such as electronic distribution and technological protection measures, ensuring Thailand’s copyright framework remains relevant and effective.

These legislative changes position Thailand to meet its RCEP obligations while enhancing protections for intellectual property stakeholders, supporting the nation’s integration into the global creative economy.

Author: Panisa Suwanmatajarn, Managing Partner.

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Foreign Geographical Indication Registration in Thailand

Overview of Geographical Indications

A Geographical Indication (GI) is a distinctive mark used for products originating from a specific geographical area, where the quality, reputation, or other characteristics of the products are essentially attributable to their geographical origin. It serves as a local brand that signifies both the quality and origin of products. GI marks can be registered regardless of whether they originate from Thailand or abroad by filing the applications with the Department of Intellectual Property (DIP).

To register Thai GI marks, applicants must use a proper name, symbol, and/or sign that identifies their geographical origin. It cannot be just a generic name of the goods. It is required to demonstrably establish a connection between the products and their geographical origin and ensure compliance with public interest, while also ensuring that they do not contravene public order, good morals, or public policy.

For the overseas applicants registering GI marks originating from abroad, it is required to show clear evidence that such marks are protected under the GI law of those countries, and the GI marks registered in those countries have been in continuous use up to the date of application for registration in Thailand.

Registering the GI marks grants the community exclusive rights to their names, enhances the products’ market value, ensures compliance with quality standards, and preserves unique local heritage. Currently, there are 257 registered GI marks, comprising 234 Thai GI products from all 77 provinces of Thailand and 23 foreign GI marks from 9 countries.

basket of mangosteen

International Agreement Context

Thailand and the European Union (EU) are currently negotiating a Free Trade Agreement (FTA), with the aim of concluding the negotiations by 2025. One of the EU’s key requirements is the protection of GI through the exchange of GI lists under the FTA.

Currently, there is no specific legislative provision in Thailand that governs the exchange of GI lists under international agreements. Accordingly, it is necessary to establish specific rules and procedures regarding the registration of foreign GI marks under such agreements. The government has therefore issued the Draft Ministerial Regulation on the Application for Registration of Foreign Geographical Indications under International Agreements B.E. …. (“Ministerial Regulation”), which sets out the criteria, application procedures, and examination processes for the registration of foreign GI marks under international agreements.

Key Features of the Draft Ministerial Regulation

Scope of Applications

This draft Ministerial Regulation is intended to facilitate the registration of foreign GI marks through the exchange of GI lists between Thailand and its negotiating partners.

Date of Protection

Foreign GI marks shall be protected in Thailand once the relevant provisions of the international agreements with Thailand have entered into force.

The Director-General of the DIP shall have the authority to announce, on a case-by-case basis, the date on which the provisions of such international agreements with Thailand will take effect.

Consequences of Unsuccessful Negotiations

In the event that negotiations for an international agreement fail to reach a conclusion, any pending applications for registration shall be deemed automatically withdrawn. Please see details of the draft Ministerial Regulation in our previously published article here [ใส่ลิงค์]

Eligible Applicants

Under the draft Ministerial Regulation, it is designed for the State or government agencies of the contracting party. Natural persons or private legal entities are not permitted to file applications under this Ministerial Regulation. They are required to obtain their GI mark protection through the general registration process.

Procedures for Foreign GI Registration

Although foreign GI marks can be protected in Thailand through the exchange list under the relevant international agreement, the protected right shall not be automatically granted. The registration processes under the draft Ministerial Regulation, as well as those prescribed under the Geographical Indications Protection Act B.E. 2546 (2003), shall still be required (i.e., filing, publication, opposition, counterstatement, registration, and appeal).

Next Steps

The DIP will submit the Draft Ministerial Regulation to the Council of Ministers for subsequent consideration and later publish the same in the Gazette for enforcement.

Author: Panisa Suwanmatajarn, Managing Partner.

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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.

red and blue plastic pack

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.

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Proposed Amendments to the Copyright Act for WPPT Accession

Introduction:

On May 27, 2025, the Thai Cabinet convened to discuss key legislative proposals, including the Ministry of Commerce’s draft amendment to the Copyright Act B.E. 2537 (1994) and Thailand’s prospective accession to the WIPO Performances and Phonograms Treaty (WPPT). These proposals stem from a survey conducted by the Department of Intellectual Property (DIP), which evaluated the effectiveness of Thailand’s existing copyright framework in meeting global standards. This article outlines the survey’s key findings, the rationale for the proposed amendments, and their significance for Thailand’s intellectual property landscape.

Survey Findings:

The DIP’s survey, conducted to assess the alignment of Thailand’s Copyright Act with international intellectual property obligations, highlighted several deficiencies in the current legal framework. Key findings include:

  1. Inadequate Protection for Performers’ Rights: The existing Copyright Act provides limited protections for performers, particularly concerning their moral and economic rights over audiovisual performances and sound recordings. The WPPT requires robust safeguards, such as the right to authorize or prohibit the reproduction, distribution, and communication of performances to the public, which are not fully addressed in the current Copyright Act.
  2. Insufficient Phonogram Producer Protections: The survey identified gaps in protections for phonogram producers, such as the right to control the commercial exploitation of sound recordings, including digital distribution and broadcasting. These gaps hinder Thailand’s compliance with WPPT standards, which emphasize equitable remuneration for producers.
  3. Digital Environment Challenges: With the rise of digital platforms, the survey underscored the need for updated provisions to address online piracy, unauthorized streaming, and digital reproduction of copyrighted works. The current Copyright Act lacks comprehensive measures to tackle these modern challenges, necessitating alignment with WPPT’s provisions for digital rights management.
  4. Economic and International Implications: The survey emphasized that non-compliance with WPPT standards could limit Thailand’s participation in global intellectual property frameworks, impacting trade negotiations, particularly with partners like the United States, as evidenced by the proposed Thailand Intellectual Property Work Plan with the USTR.
patented vintage cameras placed on table

Proposed Amendments:

The Ministry of Commerce’s draft amendment to the Copyright Act aims to address these shortcomings by:

  • Expanding protections for performers, granting them exclusive rights over their performances, including fixation, reproduction, and digital dissemination, in line with WPPT Articles 6–10.
  • Strengthening phonogram producers’ rights, ensuring fair remuneration and control over commercial uses of sound recordings, as outlined in WPPT Articles 11–14.
  • Introducing provisions to combat digital piracy and unauthorized use of copyrighted materials online, aligning with WPPT’s emphasis on technological protection measures.
  • Facilitating Thailand’s accession to the WPPT, enabling integration into the global intellectual property framework, and supporting compliance with the TRIPS Agreement.

Key Takeaways:

  1. Modernization of Copyright Law: The proposed amendments address critical gaps in Thailand’s Copyright Act, particularly in protecting performers and phonogram producers in the digital age.
  2. Global Alignment: Accession to the WPPT will strengthen Thailand’s position in international intellectual property frameworks, enhancing trade relations and compliance with global standards.
  3. Economic Benefits: Enhanced protections will incentivize creative industries, boost economic contributions from intellectual property, and attract foreign investment.
  4. Digital Adaptation: The amendments will equip Thailand to address modern challenges like online piracy, ensuring a secure environment for digital content creation and distribution.

By implementing these changes, Thailand is poised to strengthen its intellectual property regime, support its creative economy, and fulfill its international commitments.

Author: Panisa Suwanmatajarn, Managing Partner.

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Intellectual Property Work Plan: Advancing Protections for Global Compliance

Introduction:

On May 27, 2025, Thailand’s Cabinet convened to discuss significant legislative proposals, including a draft amendment to the Copyright Act B.E. 2537 (1994) and the country’s prospective accession to the WIPO Performances and Phonograms Treaty (WPPT). These initiatives, spearheaded by the Department of Intellectual Property (DIP) under the Ministry of Commerce, are integral to Thailand’s Intellectual Property (IP) Work Plan, aimed at enhancing IP protections and fostering stronger international trade relations, particularly with the United States. A recent DIP survey identified critical gaps in the current copyright framework, prompting these reforms. This article explores the survey’s findings, the objectives of the IP Work Plan, and its broader implications for Thailand’s legal and economic landscape.

Survey Findings:

The DIP’s survey evaluated the effectiveness of Thailand’s Copyright Act in meeting global IP standards, particularly for WPPT compliance. The findings revealed several shortcomings:

  1. Limited Protections for Performers: The current law inadequately safeguards performers’ moral and economic rights, especially for audiovisual performances and sound recordings, falling short of international requirements.
  2. Insufficient Phonogram Producer Rights: Protections for phonogram producers, such as control over digital distribution and broadcasting, are limited, hindering equitable remuneration.
  3. Challenges in the Digital Environment: The rise of digital platforms has exposed weaknesses in addressing online piracy and unauthorized digital reproduction, necessitating updated legal provisions.
  4. International Alignment Needs: Gaps in the current framework limit Thailand’s ability to fully participate in global IP treaties, impacting trade and economic opportunities.

IP Work Plan:

The IP Work Plan is a comprehensive strategy to strengthen Thailand’s IP framework and address international expectations. Key components include:

  • Legislative Reforms: The proposed amendments to the Copyright Act will expand protections for performers and phonogram producers, ensuring compliance with WPPT standards. These changes include granting performers exclusive rights over their performances and strengthening producers’ control over commercial uses of sound recordings. Updates will also address digital piracy through measures like content takedowns and enhanced enforcement.
  • Improved Enforcement: The Work Plan emphasizes coordinated efforts across government agencies to combat counterfeit goods and online infringements, including a system for rights holders to register trademarks and copyrights for better border protection.
  • Streamlined Processes: The DIP is implementing e-services and fast-track programs to reduce backlogs in patent and trademark registrations, enhancing efficiency and accessibility for IP holders.
  • International Cooperation: The Work Plan supports ongoing dialogues with international partners to address IP concerns, aiming to improve Thailand’s standing in global trade frameworks and secure economic benefits.
men wearing blazers writing on a wooden ledge

Strategic Importance:

The IP Work Plan holds significant implications for Thailand’s legal and economic future:

  1. Economic Growth: Strengthened IP protections will incentivize innovation in creative industries, fostering economic diversification and attracting investment.
  2. Global Trade Integration: Aligning with international treaties like the WPPT enhances Thailand’s credibility in global trade, potentially unlocking favorable trade terms and market access.
  3. Digital Economy Readiness: Modernized laws will equip Thailand to tackle digital piracy, supporting the growth of e-commerce and technology sectors.
  4. Enhanced IP Ecosystem: A robust IP framework will provide creators and businesses with greater confidence, promoting a vibrant creative economy.

Conclusion:

Thailand’s IP Work Plan, informed by the DIP’s survey, represents a strategic effort to modernize its intellectual property framework. By amending the Copyright Act, enhancing enforcement, and aligning with global standards like the WPPT, Thailand aims to strengthen its IP regime and support its economic objectives. These reforms will foster innovation, enhance trade relations, and position Thailand as a leader in intellectual property protection in the region.

Key Takeaways

Creative Economy Support: Enhanced protections will drive innovation and growth in Thailand’s creative and digital sectors.

Modernized Copyright Framework: The proposed amendments address gaps in protections for performers and phonogram producers, aligning with WPPT requirements.

Stronger Enforcement: Coordinated efforts will combat digital piracy and counterfeit goods, enhancing IP protection.

Global Alignment: The Work Plan supports Thailand’s integration into international IP frameworks, boosting trade and economic opportunities.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s 2025 Special 301 Report on Intellectual Property Protection and Enforcement Released

The United States Trade Representative (USTR) has published its 2025 Special 301 Report, which assesses the adequacy and effectiveness of intellectual property rights (IPR) protection and enforcement among U.S. trading partners. This comprehensive annual evaluation covers more than 100 countries, examining various aspects including patent and copyright protections, trademark enforcement, anti-piracy measures, and counterfeit goods prevention.

Thailand maintains its position on the USTR’s Watch List (WL) in the 2025 report. Nevertheless, the USTR acknowledges Thailand’s sustained and systematic efforts to strengthen its IPR protection and enforcement framework. Several significant developments have been recognized:

  1. Proposed Amendments to the Patent Act (December 2024): These amendments aim to modernize and streamline patent registration processes, address patent backlogs, reduce processing time and costs, and align Thailand’s intellectual property framework with international standards, particularly the Hague Agreement Concerning the International Registration of Industrial Designs.
  2. Draft Copyright Act (April 2024): This proposed legislation facilitates Thailand’s accession to the WIPO Performance and Phonograms Treaty (WPPT) and aligns Thailand’s copyright law with international standards. The draft places particular emphasis on strengthening the rights of performers and phonogram producers in the digital environment.
  3. Enhanced Offline IP Enforcement: The Department of Intellectual Property (DIP), in collaboration with Thai police and customs authorities, has demonstrated significant improvement in seizing counterfeit and pirated goods. Strategic enforcement actions—including warehouse raids and lease terminations for tenants facing IP violation charges at major retail centers such as MBK Center—reflect Thailand’s commitment to combating infringement.
red dot lights on black surface

Despite these advancements, the USTR highlights ongoing concerns regarding online IP enforcement. Thailand is encouraged to reform its regulatory and enforcement framework to address digital piracy more effectively. The report notes that criminal proceedings against online infringers remain protracted, and when convictions are secured, penalties are often insufficiently stringent to serve as effective deterrents. Recommended improvements include streamlining enforcement procedures and strengthening penalties to correspond with the severity and scale of online violations.

Thailand’s continued placement on the USTR’s Watch List indicates both the progress made and the challenges that remain in strengthening its IP regime. While recent legislative reforms and offline enforcement initiatives demonstrate meaningful advancement, more robust measures, particularly in the digital domain, are essential. Implementing reforms that enable prompt and deterrent enforcement against online piracy will not only help meet USTR expectations but also promote innovation, creativity, and international confidence in Thailand’s intellectual property system.

Author: Panisa Suwanmatajarn, Managing Partner.

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Patent: A Comprehensive Reform for Modernizing Patent Registration

Introduction

Thailand’s current Patent Act, enacted in 1979 (B.E. 2522) (“Act”), has been the cornerstone of the country’s intellectual property (IP) protection system for over four decades. However, with the rapid evolution of technology and global trade, the Act has become outdated and no longer aligns with international standards. To address these challenges, Thailand is proposing a significant amendment to its Patent Act, known as the Draft Patent Act B.E. …. (“Draft”). This reform aims to modernize the patent registration process, reduce time and costs, and align Thailand’s IP framework with international agreements, such as the Hague Agreement Concerning the International Registration of Industrial Designs.

This article provides an overview of the key changes proposed in the Draft, focusing on the prosecution processes for invention patents, design patents, and petty patents, and highlights the potential impact of these reforms on innovation and IP protection in Thailand.

The Proposed Prosecution Process for Invention Patents
The Draft introduces several key changes to the prosecution process for invention patents, aimed at improving efficiency and reducing delays:

  1. Revised Examination Criteria and Procedures: The criteria and procedures for preliminary and substantive examinations will be updated. These details will be outlined in the new ministerial regulation once the Draft is enacted.
  2. Shortened Timelines:
    • The initial examination period will be reduced to 18 months, leading to the first publication.
    • Applicants must request substantive examination within 3 years (down from 5 years) from the date of filing of the application.
    • Patents will be issued within 90 days of the second publication.
  3. Third-Party Observation: The Draft introduces a new mechanism allowing third parties to submit evidence if they believe the pending patent application lacks novelty. This can be done from the date of the first publication until the completion of the substantive examination.
  4. Elimination of Patent Issuance Fees: The Draft removes the patent issuance fee, reducing the financial burden on applicants.
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The Proposed Prosecution Process for Design Patents
The Draft proposes a more streamlined process for design patents, distinguishing it from the current system, which shares the same process as invention patents:

  1. Combined Examination Process: The substantive examination will be conducted alongside the initial examination, prior to the publication of the patent application.
  2. Shorter Publication Period: The publication period for design patents will be reduced from 90 days to 60 days. If no opposition is filed within this period, the patent will be granted.
  3. Elimination of Patent Issuance Fees: Similar to invention patents, the Draft removes the issuance fee for design patents.

The Proposed Prosecution Process for Petty Patents
The Draft maintains the existing process for petty patents, but introduces a few notable changes:

  1. Extended Examination Request Period: Interested parties may request a substantive examination within 6 years (instead of 1 year) from the date of publication.
  2. Elimination of Fees: The Draft removes the publication and issuance fees for petty patents, making the process more cost-effective.

Conclusion
The proposed amendments to the Act represent a significant step forward in modernizing the country’s IP protection system. By streamlining processes, reducing costs, and aligning with international standards, the Draft aims to foster innovation and attract foreign investment. The introduction of mechanisms such as third-party observation enhances transparency and fairness, while the shortened timelines for design patents demonstrate Thailand’s commitment to efficiency.

The Draft is currently under the first public hearing process, which will be ended on 31 January 2025. Stakeholders, including inventors, businesses, and legal professionals, are encouraged to participate in the consultation process to ensure that the final version of the Draft meets the needs of all parties involved.

The Draft is poised to strengthen the country’s position as a hub for innovation and intellectual property protection in Southeast Asia, paving the way for a more dynamic and competitive economy.

Key Takeaways

Cost Reduction: The Draft eliminates certain fees, such as patent issuance fees, making the registration process more affordable for applicants.

Modernization of Patent Registration: The Draft introduces significant changes to streamline and modernize the patent registration process, reducing time and costs for applicants.

Alignment with International Standards: The reforms aim to align Thailand’s patent system with international agreements, such as the Hague Agreement, facilitating global IP protection.

Third-Party Observation: A new mechanism allows third parties to submit evidence during the patent examination process, enhancing transparency and fairness.

Simplified Design Patent Process: The Draft proposes a shorter and more efficient process for design patents, eliminating redundant steps and reducing publication periods.

Author: Panisa Suwanmatajarn, Managing Partner.

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