In today’s knowledge-based economy, intellectual property (IP) has become one of the most valuable assets for businesses, creators, and innovators. In Thailand, as in many jurisdictions, intellectual property is legally protected to encourage innovation, safeguard creative works, and ensure fair competition. Understanding the types of intellectual property in Thailand is essential for anyone involved in business, research, or artistic creation.
This article provides a detailed overview of the various types of IP recognized under Thai law, the governing authorities, and the benefits of protecting your intellectual assets.
1. Overview of Intellectual Property in Thailand
Thailand is a member of several international IP agreements, including:
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World Intellectual Property Organization (WIPO)
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TRIPS Agreement under the WTO
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Paris Convention for the Protection of Industrial Property
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Berne Convention for the Protection of Literary and Artistic Works
The country has established a legal framework to protect various types of intellectual property. These are primarily administered by the Department of Intellectual Property (DIP) under the Ministry of Commerce.
2. Trademarks
A trademark is any distinctive sign that identifies and distinguishes goods or services of one trader from another. In Thailand, trademarks include:
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Words or names
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Symbols
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Logos
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Designs
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Colors or a combination thereof
Legal Protection:
Trademarks are protected under the Trademark Act B.E. 2534 (1991), which has been amended to align with international standards. Trademark protection in Thailand lasts for 10 years from the registration date and is renewable for additional 10-year periods.
Benefits:
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Exclusive rights to use the mark
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Legal recourse against infringers
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Enhances brand recognition and trust
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Asset for franchising or licensing
Registration is not mandatory but is highly recommended for enforcement and legal protection.
3. Patents
A patent grants an inventor exclusive rights to prevent others from making, using, or selling an invention without permission. Thailand recognizes three types of patents:
a. Invention Patents
Granted for new inventions involving an inventive step and industrial applicability. Valid for 20 years from the filing date.
b. Utility Model Patents (Petty Patents)
Granted for inventions with industrial application but no inventive step. Valid for 6 years, extendable up to 10 years.
c. Design Patents
Protects new and original ornamental designs of a product. Valid for 10 years.
Legal Framework:
Patents are governed by the Patent Act B.E. 2522 (1979), with subsequent amendments.
Benefits:
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Exclusive commercial rights
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Prevents unauthorized use or sale
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Enhances company valuation
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Encourages investment and R&D
4. Copyrights
Copyright protects original literary, artistic, and creative works, such as:
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Books and articles
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Music and lyrics
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Films and audiovisual works
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Paintings and sculptures
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Software and computer programs
Legal Framework:
Copyrights are governed by the Copyright Act B.E. 2537 (1994), amended to reflect changes in technology and international obligations.
Duration:
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Life of the author + 50 years after death for literary and artistic works
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50 years from publication for works of juristic persons or anonymous authorship
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50 years from creation for photographic and audiovisual works
Registration:
Unlike patents and trademarks, registration is not required for copyright protection. However, voluntary registration can help establish ownership in legal disputes.
Benefits:
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Automatic protection upon creation
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Legal enforcement against piracy
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Valuable for content creators and media companies
5. Trade Secrets
Trade secrets refer to confidential business information that provides a competitive advantage, such as:
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Manufacturing processes
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Formulas
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Customer lists
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Business strategies
Legal Framework:
Protected under the Trade Secrets Act B.E. 2545 (2002). There is no registration process; protection is based on secrecy and economic value.
To qualify as a trade secret, the information must:
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Be confidential
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Provide commercial value
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Be reasonably protected by the owner
Benefits:
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No time limit if secrecy is maintained
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Protection against misappropriation
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Useful for companies in R&D or with proprietary processes
6. Geographical Indications (GIs)
A Geographical Indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. Common examples in Thailand include:
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Doi Tung coffee
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Phuket pineapple
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Srisaket shallots
Legal Framework:
Protected under the Geographical Indications Protection Act B.E. 2546 (2003).
Benefits:
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Adds economic value to regional products
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Helps promote tourism and local identity
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Prevents misuse of regional names
7. Layout-Designs of Integrated Circuits
This type of IP protects the three-dimensional layout of electronic circuits in integrated chips.
Legal Framework:
Covered under the Layout-Designs of Integrated Circuits Act B.E. 2543 (2000).
Protection Duration:
Valid for 10 years from the date of application or first commercial use.
Why IP Protection Matters in Thailand
Whether you’re a local business, international investor, or creative entrepreneur, safeguarding your intellectual property in Thailand is critical for:
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Avoiding infringement and counterfeit risks
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Establishing market credibility
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Expanding globally through licensing or franchising
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Securing legal remedies against unauthorized use
Thailand has made significant progress in aligning its IP system with global standards, and the government actively supports enforcement through the Central Intellectual Property and International Trade Court.
Conclusion
Understanding the types of intellectual property in Thailand—and the laws that protect them—is essential for individuals and businesses aiming to operate securely and competitively. With options ranging from trademarks and patents to trade secrets and geographical indications, Thailand offers a comprehensive legal framework to protect innovation and creativity.
Whether you are a startup, manufacturer, content creator, or inventor, taking proactive steps to register and enforce your IP rights ensures long-term business security and growth. For optimal protection, it is recommended to consult with a qualified IP lawyer in Thailand who can guide you through the process and help enforce your rights effectively.
