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1. What is intellectual property? InteIIectuaI property means work result of creative idea of human being. intellectual property is a kind of property rather than movable properties. which are properties that can be moved, such as clock ,automobile table, and so on. and immovable properties are the properties that can not be moved, for example. house and land etc. 2. Categories of Intellectual properties Generally, most of the Thai people are used to the word "copyright" which is used to call all categories of intellectual properties. In fact lntellectual properties are divided into 2 categories, namely : lndustrial Property and copyright. lndustrial Property is neither movable property not immovable one , and which is used in manufacturing goods or industrial products. In fact, this industrial property is creative idea of human being relating to industrial goods. Creative idea is the idea to discover and invent things, Designing of pattern of industrial product, which may be a process, or improved manufacturing technique or new discovery, or relating to products or component and beautiful shape of the product. Besides, it also includes Trademark or Brand, Name and trade domicile, origin of the goods, and prevention of unfair trade competition, industrial property therefore could be divided as follows: Patent trademark Layout-Designs of lntegrated Circuit Trade Secret Trade Name Geographical indication Copyright means literary work or creation, arts. music, movies, or any other work in science division, license which also includes : Neighboring Right, Which is displaying copyright, such as actors, sound recorder, and television station for recording or televising sound or pictures. Computer Program or Computer Software is commanding set used with computer to command the computer to function Database is the data gathered for use in various sides: Patent means important document issued by the State for protection of the invention, product design, or utility model which have characteristics as set up by laws. Invention is creative idea concerning characteristics, component, structure or mechanism of products including production procedure, maintenance of improvement of product quality. Designing of product is creative is idea relating beautifying product appearance, and making it differently. Utility model or which is also called Petty Pattern has characteristics similar to invention, but is creative idea on the level of technological development, not so high or only a little of discovery and invention. Layout-Designs of Integrated Circuit means layout or pattern made up to display the layout and connection of electrical circuit, such as conductive, or resistant, etc. Trade Mark means mark, or symbol or brand used with the goods, or service, such as: Trade Mark is the mark relating to goods to show that the goods that use such Trade Mark is different from goods that use other trade marks, e.g. Coke, Pepsi, Breeze, Fab, etc. Service Mark is the mark or sign relating to services given, to show that service that uses such mark is differently from service that uses service mark of others, such as airline mark, bank, hotel, etc. Certification Mark is the mark the owner certifies as mark or relating to goods or service of others, in order to certify quality of such goods or service, such as Shell Chuan Chim, Mae Choy Nangram, etc. Collective Mark is the trade mark or service mark used by the company or government enterprise of the same group, or by member of association, group of people, or any other organization of State or individual, such as Elephant brand of the Siam Cement Public Company Ltd. Trade Secret means trade data that is not known in general public, and has commercial value due to secret of the data and there is reasonable procedure to maintain secret of such data. Trade Name means Name used in business operation, such as Kodak, Fuji, etc. Geographical Indication means symbol name or any other thing used to call or substitute geographical resource which indicates quality of goods having origins in such resources to be of good quality or being well known, certain characteristics of such geographical resource, such as Aranyig knifes, Bangmod oranges, Thai silk fabrics, Champaign, Cognac, etc. Presently, Thailand has 3 laws in protection of
intellectual properties, namely :
Summary of Patent This chapter shall summarize on legal qualities related to types of application for patent of both types, procedures to preparation application, as well as articles to be known by the applicants. There will be some parts similar to other chapters, but for the convenience to understand, all matters are included in this chapter.Legal qualities: Person of right for the patents: In case the person of right for the patent pursuant to Act of Patent B.E. 2522, revised by Act of Patent B.E. 2522 (Volume 2) B.E. 2535 prescribed as follows:
The person of right to receive patent above-mentioned shall be Thai nationality or nationality of the country with consent for Thai nationality to receive patent in that country whether or not the applicant for patent shall be ordinary person or juristic person. In case of juristic person, the country which is the location of its office shall be the nationality of the applicant. (Nationality of the country with consent for Thai nationality to receive the patent-appeared in attachment 1) However, in practice it will deem that any country specified for the person with right to apply for patent in the same way with Thai laws shall be allowed for that person with his nationality to apply for the patent as well. In case of many people invented or design for the products together, application for patent shall be made jointly except some co- inventor or co-designer do not want to apply for the patent or cannot contact or has no right and that the co-inventor or the co-designer who did not join for application for the patent shall join for receiving the patent consequently but it shall be fore issuing the patent. Even submitting for patent for the first time by some co-inventors as mentioned shall be waived, then it shall not result to the right of co-inventors who did not ask for patent for the first time. Languages used in Application for Patent Applicant for patent shall submit the application for patent with its details of invention, items of right, and summary of invention, in case of application for patent of invention with description of design model (if any), pictures of product design and items of right. In case of the application for patent of product design made by Thai Language on the day submitting for that patent. But in case of the application submitting overseas already, the applicant may submit details of invention, items of right and summary of invention, in case the application for patent of invention, or submit description of product design and items of right in case of the application of product design was in foreign language on the day submitting for patent, but the document shall be made in Thai within 90 days from the day submitting for patent. If submitting document as mentioned above cannot do within 90 days, it shall deem that the applicant has submitted for patent on the day submitting document made by Thai language as mentioned. Application for Patent Application for Patent of Invention contains:
Application for Patent of Product Design contains: From the above items, it can be seen t6hat whatsoever the kind of patent, it shall contain Application for Patent and related document that will be mentioned as follows: Typing Form and related document Typing Form and related document, according to the Announcement of Intellectual property, Issue 1 (B.E. 2535) has defined to use the Sor Por/Sor Phor /001-Kor (Related Document 2). The applicant to receive patent can get this typing form with notification without any expenses at Intellectual Property Department, this typing aims to show the data and purposes of applicant for invention and products design such as asking to count the date of application for the first time overseas to be the date of submitting in Thailand, submitting document in foreign language first, showing details of microbe deposition (in case of new invention) (Por. Chor. B.E.2535 Article 2).Signing of applicant in typing form of patent, in case the inventor or designer is the same applicant, the inventor or designer shall sign his or her name in Article 14 of the form, if apply by Juristic Person, an authorized person shall sign the name as applicant with seal, but in case of empower to a representative, then the representative shall sign the name (rule Chor.13 B.E. 2535, Article 2 Paragraph 2 and 3). In case the applicant is a Thai juristic person, the Certificate issued previously not exceeding 6 months shall be submitted as well. Assignment Letter, this letter shall attach with the Typing Form in case the inventor or designer has assigned patent to other person, the signature of assignor and assignee shall consist with no need of notary public signature, etc. However, in case the assignor and assignee are not residents in Thailand, the assignment done oversea, the applicant shall submit 1 set of original of assignment letter per a case of patent application, the copy is not accepted (Section 10 Paragraph 3 Por.Chor 1 (Year 2535, Article 4) Certificate of Right regarding Right of Patent is the form of Sor Por/Sor.Phor/001-Kor(Por) (In Thai) or Form PI/PD/001-1 (in English) (Related Document 3) will be used in case the inventor or designer is the applicant by himself without assignment to anyone at all. (Por.Chor. 1 B.E. 2535) Article 3). Other Certificate of Right for Patent such as Employee Contract (in case of hiring) etc, the original is needed (Por.Chor. 1 B.E. 2535 Article 4).Power of Attorney is the letter to empower to execute any action of the applicant to Patent Representative who is registered to the Director-General of Intellectual Property Department to proceed for the applicant. The applicant who is not residing in Thailand shall have certificate of signature from authorized of Thai Consulate or Thai Consul or Chief of Office of Ministry of Commerce in that country or the official who duly authorized to act on and for or the Personal Certification certified by the law of that country with signature certification. If empower done in Thailand, the photocopy of temporary domicile certificate or other related evidence showing that while empowering, the proxy has come into Thailand actually, the duty stamps of 30 baht shall be attached per 1 proxy (Rule Chor 13 B.E. 2535 Article 12, 22). In case patent applicant has domicile in Thailand, the empower can be done to Patent Representative who is registered to the Director-General of Intellectual Property Department only. (See request to register to be a representative for patent in Document 4) (Rule Chor 13 B.E. 2535 Article 14, 22 and Por.Chor. 4, B.E. 2535).In the same applicant has submitted to receive patent at the same time more than one request, the original Power of Attorney shall submit to the official, the photocopy can be submitted for each request. The patent applicant shall submit the Power of Attorney or the document made in foreign language with authentication translation corresponding to the Power of Attorney or the certificate with the patent request (Rule Chor 13 B.E. 2535 Article 15). In case the applicant cannot submit the above-mentioned documents (Letter to Transfer Certification of Right) on the day of application with the request, the release time may be done by 90 days and may be extended further 30 days, but before due date the application shall be submitted with 90 days no less than 10 days (Por.Chor. 1 (b.E. 2535) Article 4). Asking to count the first day of submitting oversea to be the date submitting to receive patent in Thailand: In case the applicant has submitted for patent of invention outside the kingdom and has submitted for patent for the same invention in Thailand within 12 months, or for the design within 6 months from the date of submitting for the patent oversea for the time, the applicant shall has his right quasi the application has been submitted on the date of submitting oversea for the first time, if the country of applicant has its nationality to give right as same as for Thai nationality. (Section 19 Bi, Section 60)The applicant shall present his purposes of right according to Article 53 by showing the mark in the require channel of Article 6 in the Typing Form of Sor Por/Sor Phor/001/Kor (Related Document 2) with the details of application for patent submitted oversea for the first time, that is the day submitted the request, number of request, the country submitted, symbol to identify international invention and the status of request. Normally the request shall come with the request of patent or the application should ask before advertising date but not exceeding sixteen months from the day submitting for the request oversea for the first time (rule Chor 13 (B.E. 2535) Article 10, Article 21). (In case of application for patent of product design, it shall be asked with patent or ask for this right before advertising date in Thailand, with no limitation for sixteen months like invention), the document shall be submitted additionally for consideration as follows: 1. Copy of details as per request for patent submitted oversea for the first time; that is details of invention, items of right, summary of invention, drawing (if any) or description of product design (in any), items of right and pictures of product depending on each case with certified correction by the Office of Patent of the country submitted for the first time; and 2. Certificate of the day applied for patent oversea for the first time issued by the Office of Office of Patent of the country submitted for the first time. Submitting document as in Article 58 shall be submitted with the application or before the advertising day oversea for the first time, if the said document could not submit with in the time specified, the said right shall not receive (Por. Chor. 1 (B.E. 2535) Article 7). In case the document in Article 58 made of foreign language, the applicant shall translate into Thai as well. There are some remarks regarding right to count then date of submitting as follows: Certificate of Microbe Deposition is the certificate of microbe deposition issued by the institute of microbe deposition for invention regarding new microbe and cannot explain to expert in the regular level to understand its details or to be rare microbe, the applicant shall specify the details of microbe deposition as in article 7 in the Form of Sor Por/Sor Phor/001-Kor, then the certificate from deposition institute shall be come with this patent application. Details or nature of microbe shall be described in this certificate as well additionally from the Form, but the applicant may ask for release to submit this certificate for 90 days (the sample of microbe deposition-supplementary 5) Rule: Chor.13, article 3, paragraph 3). Deposition Institute shall be considered by the Director-General (Por.Chor 3, B.E. 2535)) Invention As mentioned in Article 43, application for invention patent, except the Form of Patent Request and Supplement Document for application Rule Chor. 13 (B.E> 2535) Article 2, the following document shall be required:
Form of Statement of Applicant’s Right Apply For a Patent (English Version)
Summary of Trademark TRADEMARK “Trademark” means the pictures, drawing, invented images, seal, name, words, letters, figures, signature or any of these or many things together but excluding product design according to the Law of Patent. “Trademark” means the mark which is used or will be used as purpose or related to goods in order to show that goods with its marks of that owner’s trademark is different from the goods of other’s trademark. “Service Mark” means the mark used or will be used as purpose or related to service in order to show that the service with the mark of the owner of service mark is different from the service of other’s service mark. “Certification Mark” means the mark of the owner’s Certification Owner used or will be used as purpose or related to the product or service of other person in order to certify on origin, component, method of production, quality or other feature of that goods or to certify on state, quality, kind or other feature of that service. “Collective Mark” means trademark or service mark used or will be used as purpose by the company or enterprise in the same group or by the member of association, cooperative, union, group of people or any organization of the government or private. “Licensee” means the person who receives license according to this Act from the trademark or service mark’s owners which are registered already, to use that trademark or service mark. Request to Register Trademark Section 6 Trademark which is able to register shall be consisted of these natures:
Section 7 The trademark with specific natures; those are trademark with the nature that causes the people or goods consumers know or understand that those goods with the trademarks are different from other goods. The trademark constitutes of any nature consisting of important matter as follows shall deem to have specific nature.
Section 8 The trademark constitutes any of the following natures shall not be registered:
Thailand. Section 9 Request to register for trademark, the specific products in the same types or different types shall be requested to register, but the items of required products shall be specified for each protection clearly.
* Determination on type of goods shall be comply to the Announcement of Minister. Section 10 The trademark which is acceptable to register, the applicant to be owner or the representative for that trademark shall have office or location in Thailand to be connected by the registrar. The applicant to request for registration of trademark shall empower to representative to be a proxy holder to register, but the following evidence shall be made.
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