WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/THAlL/l 
28 March 2003 
(03-1784) 
Original: English! 
anglaisl 
ingh~s 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THAILAND 
The present document reproduces the texe of the Protection of Layout-Designs of Integrated 
Circuits Act B.E. 2543 (2000), as notified by Thailand under Article 63.2 of the Agreement (see 
document IP/N/1/THAll). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
THAlLANDE 
Le present document contient le textel de la Loi B.E. 2543 (2000) sur la protection des 
schemas de configuration de circuits integres, notifie par la ThaYlande au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/lITHAlI). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
TAILANDIA 
En el presente documento se reproduce el textol de la Ley B.E. 2543 (2000) de Proteccion de 
Esquemas de Trazado de los Circuitos Integrados, notificado por Tailandia en virtud del parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/lITHAll). 
I In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.JEn anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC.lEn ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IP IN I1ITHAILlI 
Page 2 
that: Protection of Layout-Designs of Integrated Circuits Act, 
B.E. 2543 (2000) 
BHillviIBOL ADUL Y ADEJ, REX; 
Given on the 4th Day of May B.E. 2543; 
Being the 55th Year of the Present Reign. 
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim 
Whereas it is expedient to have a law on protection of layout-designs of 
integrated circuits; 
Whereas it is aware that this Act contains certain provisions in relation to the 
restriction of rights and liberties of persons, in respect of which section 29, in conjunction 
with section 48 and section 50 of the Constitution of the Kingdom of Thailand so permit by 
virtue of law; 
Be it, therefore, enacted by the King, by and with the advice and consent of 
the National Assembly, as follows. 
Section 1 This Act shall be cited as the "Protection of Layout-Designs of 
Integrated Circuits Act, B.E. 2543 (2000)". 
Section 2 This Act shall enter into force after the expiration of ninety days 
as from the date of its pUblication in the Government Gazette. Chapter 1 
General Provisions 
Section 3 In this Act: IP INI1 ITHA/L/ 1 
Page 3 
"integrated circuit" means a product in a final or an iiltermediate fonn for 
the purpose of perfonning an electronic function, consisting of elements which can 
stimulate an electronic operation, and interconnections that connect some or all of these 
elements, and which are placed in layers and integrally fonned on or in the same piece of a 
semiconductor material; 
"layout-design" means any pattern, layout or image, however appeared in 
any form or method, made for the purpose of displaying the disposition of being an 
integrated circuit; 
"layout-design certificate" means a certificate issued to grant protection of a 
layout-design as provided in this Act; 
"commercial exploitation" means an exploitation by selling, leasing or by 
any other act to obtain remuneration or any other interest and shall include offering for the 
purpose of exploitation; 
"right holder" means a person who receives a layout-design certificate and 
shall include an assignee; 
"Board" means the Layout-Design Board; 
"competent official" means a person appointed by the Minister for the 
execution of this Act; 
"Director General" means the Director General of the Department of 
Intellectual Property; 
"Minister" means the Minister having charge and control of the execution of 
this Act. 
Section 4 The Minister of Commerce shall have charge and control of the 
execution of this Act and shall have the power to appoint competent officials, issue 
Ministerial Regulations prescribing fees not exceeding those prescribed in the annex to this 
Act, reduce or exempt fees, and prescribe other matters for the execution of this Act. 
The Ministerial Regulation shall enter into force upon its publication in the 
Government Gazette. IP/NllITHA/L/l 
Page 4 
Section 5 The protection of layout-designs of integrated circuits shall be in 
accordance with the provisions prescribed in this Act and shall not be subject to the law on 
patent. 
follows; Chapter 2 
Protection of Layout-Designs 
Part 1 
Application for Protection of Layout-Designs 
Section 6 Layout-designs eligible for protection under this Act are as 
(1) a layout-design which a designer has created by himself and is not 
commonplace in the integrated circuit industry; 
(2) a layout-design which a designer has created by combining elements, 
interconnections of layout-designs or integrated circuits that are commonplace in the 
integrated circuit industry in a way of resulting in the layout-design which is not 
commonplace in the integrated circuit industry. 
Section 7 A layout-design designer shall have a right to apply for 
protection of a layout-design under this Act. 
Section 8 A right to apply for protection of a layout-design created by a 
designer in a capacity as an official or employee shall belong to that official or employee 
unless otherwise agreed in writing. 
ID the case where the designer has created a layout-design in the course of 
commission, the employer shall have a right to apply for protection of the layout-design, 
unless otherwise agreed in writing. 
Section 9 A state agency, state enterprise, local government organisation or 
other state authority which is a juristic person shall have a right to apply for protection of a 
layout-design created in the course of its service contract or according to its order or under 
its control, unless otherwise agreed in writing. IP IN 11 ITHAILll 
Page 5 
Section 10 A right to apply for protection of a layout-design is assignable 
and transferable by way of inheritance. The assignment of the right to apply for protection 
under this Act shall be done in writing bearing signatures of the assignor and assignee. 
Sedicn 11 Iftwa ar mere persons havejo;-ntly created a layout-design, they 
shall have the right to apply for protection of the layout-design jointly. 
In the case where any joint layout-design designer refuses to participate in 
the application for the protection of the layout-design or cannot be contacted with or has no 
right to apply for the protection thereof, the other layout-design designers may apply on 
behalf of themselves for the protection of the layout-design jointly created. 
The joint layout-design designer who did not participate in the application 
for the protection of the layout-design may subsequently make a request, by filing an 
application together with an evidence proving that the applicant is an actual joint designer, 
to participate in the application for the protection of the layout-design at any time before the 
issuance of the layout-design certificate to the joint designer who previously has filed the 
application for the protection. A competent official shall investigate whether the applicant 
is a joint designer and then shall report to the Director General for making a decision. In so 
doing, the date of the investigation shall be notified to and a copy of the application shall be 
sent to the applicant for the protection and the other joint applicants for the protection of the 
layout-design. 
The joint layout-design designer shall have a right to appeal against the 
Director General's order to the Board within ninety days as from the date of the notification 
thereof. The appeal shall be in accordance with the rules and procedures prescribed in the 
Ministerial Regulation. 
When the Board has given a decision, the joint layout-design designer who 
disagrees with the Board's decision shall have a right to bring the case to the Court within 
ninety days as from the date of the notification thereof. In the absence of instituting an 
action within the prescribed period, the decision of the Board shall be deemed [mal. 
The filing of the application and investigation under paragraph three shall be 
in accordance with the rules and procedures prescribed in the Ministerial Regulation. 
Section 12 In the case where two or more persons has independently 
created the same layout-design, a person who first filed the application for protection shall 
have a right to apply for the protection thereof. In the case where the applications have been 
filed on the same date, the applicants shall enter into an agreement on whether the right to IPINII/THA/Lll 
Page 6 
apply for the protection should be given to any of them exclusively or to all of them jointly. 
If no agreement has been made within the period prescribed by the Director General, the 
applicant who first filed the application for the protection on that day shall have the right to 
apply for the protection 
Section 13 A person having a right to apply for protection of a layout­
design under this Act shall possess any of the following qualifications: 
(1) being of a Thai nationality or being of a juristic person whose principal 
office is located in Thailand; 
(2) being of a nationality of a country which is a party to an international 
convention or agreement on the protection of layout-designs of integrated circuits to which 
Thailand is also a party; 
(3) having domicile or place for carrying out a real and effective business 
relating to the creation of layout-designs or the production of integrated circuits in Thailand 
or a country which is a party to an international convention or agreement on the protection 
oflayout-designs of integrated circuits to which Thailand is also a party. 
Part 2 
Registration of Layout-Design and Term of Protection 
Section 14 A person who has a right to apply for protection under section 
7, section 8, section 9, section 10, section 11, or section 12 and possesses qualifications in 
accordance with section 13 shall have a right to apply for registration of a layout-design. 
In the case where a layout-design has been commercially exploited, whether 
within or outside the Kingdom, the application for registration of the layout-design shall be 
done within two years as from the date of the first commercial exploitation thereof. 
A layout-design which has not been commercially exploited within fifteen 
years as from the date of completion of the layout-design's creation shall not be applied for 
registration. IP /NIl ITHA/Lll 
Page 7 
Section 15 The application for registration of a layout-design for having 
protection under this Act shall be in accordance with the rules, procedures and conditions 
prescribed in the Ministerial Regulation. 
An application for registration shall at least have the following particulars: 
(1) name, nationality, domicile and address of the designer as "vel! as a...'1y 
assignment of a right to apply for protection, provided that there is such an assignment; 
(2) the date of creation of the layout-design and the date of a first 
commercial exploitation thereof including description of the commercial exploitation; 
(3) a painting or photograph of drawing identifying the layout-design or 
other articles producing the like result, including data on electronic function of the 
integrated circuit; 
(4) a sample of an integrated circuit in which the layout-design IS 
incorporated, in the case where it has been commercially exploited; and 
(5) other particulars as prescribed in the Ministerial Regulation. 
Section 16 In effecting the registration of the layout-design, the competent 
official shall examine the application for registration as to its conformity with the 
requirements set forth in section 14 and section 15 and shall prepare an examination report 
for submission to the Director General. 
Section 17 In the case where the application for registration of the layout­
design is in conformity with the requirements set forth in section 14 and section 15, the 
Director General shall make an order effecting the registration, issue a layout-design 
certificate to the applicant, publish the registration and notify the applicant in writing to pay 
fee for the issuance of the layout-design certificate and fee for the publication, ill 
accordance with the procedures and periods prescribed in the Ministerial Regulation. 
If the applicant fails to pay the fees prescribed in paragraph one, the 
applicant shall be deemed to have abandoned the application for registration. 
The layout-design certificate shall be in the form prescribed ill the 
Ministerial Regulation. 
In the case where the layout-design certificate was lost or materially 
damaged, the right holder may apply for a replacement of the layout-design certificate in 
accordance with the rules and procedures prescribed in the Ministerial Regulation. IP/NIl/THAILI 1 
Page 8 
Section 18 In the case where the application for registration of the layout­
design is not in conformity with the requirements set forth in section 14 or section 15, the 
Director General shall order rejection of the application for registration and shall notify the 
applicant in writing of the order together with reasons without delay. 
The applicallt shall have a right to appeal agah.st the Director General's 
order to the Board within ninety days as from the date of the receipt of the notification 
thereof. The appeal shall be in accordance with the rules and procedures prescribed in the 
Ministerial Regulation. 
When the Board has made a decision, the applicant who disagrees with the 
Board's decision shall have a right to bring the case to the Court within ninety days as from 
the date of the receipt of the notification thereof. In the absence of instituting an action 
within the prescribed period, the decision of the Board shall be deemed [mal. 
Section 19 The rights in the layout-design shall be protected under this Act 
upon registration and issuance of a certificate. 
The layout-design certificate shall be for the term of ten years as from the 
date of filing the application for registration under this Act or the date of the first 
commercial exploitation whether within or outside the Kingdom, whichever shall first 
occur, but shall not exceed fifteen years as from the date of the completion of the layout­
design's creation. 
Section 20 The right holder shall pay an annual fee as prescribed in the 
Ministerial Regulation as from the second year of the term of protection of the layout -
design and the payment shall be made within sixty day as from the commencement of the 
second year and of every year thereafter. 
If the right holder fails to pay the annual fee prescribed in paragraph one, he 
shall pay a surcharge of30 percent of the annual fee. 
If the right holder fails to pay the annual fee and the surcharge within six 
months as from the date of the expiration of the period prescribed in paragraph one, the 
rights in the layout-design shall be deemed lapsed. In this case, the competent official shall 
publish the lapse ofthe protection of the layout-design. 
Section 21 The right holder may at one time pay an entire amount of the 
annual fees in advance instead of an annually payment. IP/N/J/THA/L/l 
Page 9 
In the case where the right holder has paid the annual fee in advance but the 
rate of the annual fee is changed subsequently or the right holder surrenders his rights in the 
layout-design or there is a cancellation of the registration of the layout-design, the right 
holder shall not be required to pay the insufficient amount of the annual fee nor shall not be 
entitled to any refund of tl).e a.Tillua! fee paid in adVl'Ince. 
Section 22 The right holder shall have the exclusive right to perform any of 
the following acts: 
(1) reproducing the layout-design ID respect of which he is accorded 
protection under this Act; 
(2) importing into the Kingdom, selling or distributing by any mean for 
commercial purposes the layout-design in respect of which he is accorded protection or an 
integrated circuit in which the protected layout-design is incorporated or a product in which 
such integrated circuit is incorporated. 
Any of the following acts under paragraph one performed without the 
authorisation of the right holder shall be regarded as an infringement of the right holder's 
rights. 
In the case where there is an infringement of the right holder's rights by 
committing any of the acts in (2) in respect of an integrated circuit or a product in which the 
layout-design of the right holder is incorporated, such act is permissible if the person 
committing it has removed the layout-design of the right holder from the integrated circuit 
or product, or subsequently has been authorised by the right holder to perform such act. 
Section 23 Any of the following acts in respect of the layout-design 
protected under this Act shall not be regarded as an infringement of the right holder's 
rights: 
(1) the reproduction for the purpose of evaluation, analysis, research or 
education; 
(2) the incorporation of a layout-design created by the act under (1) and 
having characteristics as prescribed in section 6 into an integrated circuit, or an act under 
section 22 in respect of such a layout-design; 
(3) the reproduction for the interest of oneself which is not an act for 
commercial interest; rp/N/1/THA/Lll 
Page 10 
(4) the act under section 22 (2 ) in respect of an integrated circuit in which 
the protected layout-design of the right holder is incorporated or in respect of a product 
incorporating such integrated circuit; provided that the person committing it did not know 
or had no reasonable ground to know, at the time of acquiring such integrated circuit or 
case, the person committing it may, after being notified that such integrated circuit or 
product incorporates the layout-design infringing the right holder's rights, continue to 
perform any of the acts under section 22 (2) in respect of the integrated circuits or products 
which remain in stock or were ordered for distribution prior to the notification thereof, but 
shall pay a royalty to the right holder in a reasonable amount in the course of trade.; 
(5) the act under section 22 (2) in respect of a layout-design or an integrated 
circuit lawfully acquired from the commercial exploitation of the right holder; 
(6) any of the acts under section 22 by a person who created a layout-design 
identical to a layout-design in respect of which the right holder is accorded protection, 
provided that he has independently created it by himself. 
Chapter 3 
Authorisation to Exercise Rights and Assignment of Rights in Layout-Designs 
Section 24 The right holder may authorise any person, by granting a license, 
to exercise the rights in the layout-design conferred to him under section 22 or may assign 
such rights to other person. The authorisation to exercise rights and assignment of rights 
shall be made in writing and registered with the Director General. 
In the case of having joint right holders, the authorisation to exercise rights 
or assignment of rights in the layout-design under paragraph one shall be made upon 
consent of all the joint right holders. In the case where the Director General has ordered 
effecting registration of the license contract or assignment contract, the Director General 
shall order publication of the registration of such contract. 
The application for the registration of the license contract and assignment 
contract shall be in accordance with the rules and procedures prescribed in the Ministerial 
Regulation. 
Section 25 In granting a license under section 24, the right holder shall not 
prescribe conditions, restrictions of rights or remuneration in the manner of restricting or 
preventing competition under the law on trade competition. IP IN / lITHA/L/l 
Page 11 
In the case where the Director General considers any clause in the license 
contract to be contrary to the provision under paragraph one, the Director General shall 
report to the Board for its decision. If the Board considers such clause to be contrary to the 
provision under paragraph one, then the Director General shall refuse the registration of the 
contract unless the pw-ties bYe bterrded the '1<!lid pa..rt of the contract to be separable from 
the invalid part. In this latter circumstance, the Director General may order effecting the 
registration of the valid part of the contract. 
When the Board has made a decision under paragraph two, any interested 
party who disagrees with the Board's decision shall have a right to bring the case to the 
Court within ninety days as from the date of the receipt of the notification thereof. In the 
absence of instituting an action within the prescribed period, the decision of the Board shall 
be deemed final. 
Section 26 In the case where the right holder has authorised other person to 
exercise rights in the layout-design in contrary to paragraph one of section 24, the Director 
General may request the Board to order the revocation of the registration of the layout­
design in accordance with the rules and procedures prescribed in the Ministerial Regulation. 
Section 27 The application for registration of a transfer of rights in a 
layout-design by way of inheritance shall be in accordance with the rules, procedures and 
conditions prescribed in the Ministerial Regulation. 
In the case where the right holder has no heir, the protection under the 
layout-design certificate shall be deemed terminated. 
Chapter 4 
Revocation of Registration and Termination of Protection of Layout-Design 
Section 28 Within one year as from the date of the publication of the 
registration of the layout-design, any interested person may request the Director General to 
order revoking the registration of the layout-design which is not in conformity with the 
requirements prescribed in section 14 or section 15. 
When the Director General has considered an examination report and made 
an order rejecting the application for the revocation of the registration or an order revoking 
the registration of the layout-design, the order together with reasons shall be notified to the 
applicant and the right holder without delay. IP IN 11 IT HA ILl 1 
Page 12 
The applicant or the right holder shall have a right to appeal to the Board 
against the Director General's order within ninety days as from the date of the receipt of the 
notification thereof. 
The application for the revocation of the registration under paragraph one 
and the appeal again.st the Director General's order under paragraph three shall be in 
accordance with the rules and procedures prescribed in the Ministerial Regulation. 
Section 29 When the Board has made a decision on the appeal under 
section 28, the decision together with reasons shall be notified to the applicant and the right 
holder without delay. 
The applicant or the right holder who disagrees with the Board's decision 
shall have a right to bring the case to the Court within ninety days as from the date of the 
receipt of the notification thereof. In the absence of instituting an action within the 
prescribed period, the decision of the Board shall be deemed final. 
Section 30 In the case where there is a registration of a layout-design which 
is not in conformity with section 6, such registration shall be deemed invalid. 
In the case where the Director General has considered the registered layout­
design to have no characteristics as prescribed in section 6, the Director General shall then 
order an investigation of matters of facts and report to the Board for ordering a revocation 
of the registration of such layout~design. In investigating thereof, the right holder may give 
a statement or furnish any evidence and the Director General may call upon any person to 
give a statement or furnish any further evidence. 
If the right holder disagrees with the Board's order revoking the registration, 
he shall have a right to bring the case to the Court within ninety days as from the date of the 
receipt of the notification thereof. In the absence of instituting an action within the 
prescribed period, the Board's order shall be deemed final. 
Section 31 The rights in the layout-design of the right holder shall be 
deemed terminated when: 
(1) the right holder surrenders his rights in the layout-design by returning the 
layout-design certificate; 
(2) the term of protection of a layout-design expires under section 19 or the 
protection is deemed lapsed under paragraph three of section 20. 
(3) the right holder dies and has no heir; or 
(4) the Director General or the Board has made an order or a decision or the 
Court has a final judgement to revoke the registration of the layout-design. Chapter 5 LP IN 11 ITHAILll 
Page 13 
Compulsory License to Exercise Rights in Layout-Design 
Section 32 At any time after the expiration of three years as from the date of 
the registration and issuance of a layout-design certificate, any persons may apply to the 
Director General for a license to exercise the rights in the layout-design conferred to the 
right holder under section 22, provided that the right holder exercises his rights in the 
manner of restricting or preventing competition under the law on trade competition. 
In applying for the license under paragraph one, the applicant must prove 
that he has made an effort to obtain the license from the right holder having proposed the 
terms and remuneration reasonably sufficient under the circumstance of the case in 
accordance with the rules, procedures and conditions prescribed in the Ministerial 
Regulation but no agreement can be reached within a reasonable period. 
Section 33 When the Director General has made an order relating to the 
application for the license filed under section 32, the applicant, the right holder or the 
licensee may appeal to the Board against the order within ninety days as from the date of 
the receipt of the notification thereof. The appeal shall be in accordance with the rules and 
procedures prescribed in the Ministerial Regulation. 
When the Board has made a decision on the appeal under paragraph one, the 
decision together with reasons shall be notified to the parties concerned without delay. 
The applicant, the right holder or the licensee who disagrees with the 
Board's decision shall have a right to bring the case to the Court within ninety days as from 
the date of the receipt of the notification thereof. In the absence of instituting an action 
within the prescribed period, the decision of the Board shall be deemed [mal. 
Section 34 For the necessity of national defense, maintenance of national 
security, maintenance of safety, health or environment, or for other public non-commercial 
interests, the state agency, state enterprise, local government organisation or other state 
authority which is a juristic person may apply for authorisation of the use of any of the 
rights in layout-design under section 22 by itself or entrusting other person to use such 
right. IP/N!1 ITH.A.lLl1 
Page 14 
In exercising the rights under paragraph one, the agency applying for the 
license shall pay an equitable remuneration to the right holder or licensee under section 24 
and the Director General shall notify the right holder or licensee in writing without delay. 
In applying for the license under paragraph one, the agency applying for the 
l' 1 ,,~, '".... • .... 1 4' "r"\" __ ""-__ 0 __ ...... ___ ' -C ...... _ ... 1-~ ________ ...... 1 ..... £_ .... -~~- ...... -....... .: ...... -lcenSe SnaH ll1e an apPl1Cdllon -"'Ill} llle VUI;;"lU.l \..11;;11I;;.1a.1 .1U1 ll1l;; lJ1UPu;:,a.l U.l .1l;;l11UHl;;la.l1U11 
and terms for exercising the rights. If the right holder or the licensee disagrees with the 
amount of the remuneration, the right holder or the licensee shall have a right to appeal to 
the Board within ninety days as from the date of the receipt of the notification thereof. The 
appeal shall be in accordance with the rules and procedures prescribed in the Ministerial 
Regulation. 
Vlhen the Board has made a decision, its decision shall be deemed final. 
Section 35 In the state of war or emergency for the necessity of national 
defense and maintenance of national security, the Prime Minister with the approval of the 
Council of the Ministers shall have a power to issue an order to exercise any right in a 
layout-design upon paying an equitable remuneration to the right holder or licensee and 
shall notify the right holder or licensee in writing without delay. 
If the right holder or licensee disagrees with the amount of the remuneration, 
the right holder or licensee shall have a right to appeal to the Board within ninety days as 
from the date of the receipt of the notification thereof. The appeal shall be in accordance 
with the rules and procedures prescribed in the Ministerial Regulation. 
Vlhen the Board has made a decision, its decision shall be deemed final. 
Section 36 The authorisation to exercise rights in this Chapter shall not 
prejudice the right holder's rights to exercise his rights or to grant a license to other person 
to exercise such rights and the person to whom the license is granted may not grant a 
license to other person to exercise the authorised rights. 
Section 37 In the case where the circumstance has changed from the time 
of having authorised the exercise of rights under this Chapter, the right owner or licensee 
under section 24 may file an application with the Director General for amending the 
prescribed term to be complied with by the authorised person. 
In the case where it appears that the reason for The authorisation to exercise 
rights have ceased to exist and is not likely to recur and the cancellation of the authorisation 
to exercise rights does not umeasonably affect the rights or interests of the person IPINIlITHAILI 1 
Page 15 
authorised to exercise the rights or in the case where it appears that the person authorised to 
exercise the rights does not comply with the prescribed terms, the right holder or licensee 
under section 24 may file an application with the Director General for cancellation of the 
authorisation. 
The application for amending the term under paragraph one or canceli..l1g the 
authorisation to exercise rights under paragraph two shall be in accordance with the rules 
and procedures prescribed in the Ministerial Regulation. 
Section 38 The right holder or licensee may appeal to the Board against the 
Director General's decision under section 37 within ninety days as from the date of the 
receipt of the notification thereof. The appeal shall be in accordance with the rules and 
procedures prescribed in the Ministerial Regulation. 
The right holder or licensee who disagrees with the Board's decision shall 
have a right to bring the case to the Court within ninety days as from the date of the receipt 
of the notification thereof. In the absence of instituting an action within the prescribed 
period, the Board's decision shall be deemed [mal. 
Chapter 6 
Layout-Design Board 
Section 39 There shall be a Board called the "Layout-Design Board" 
consisting of the Permanent Secretary of the Ministry of Commerce as Chairman and not 
more than twelve qualified members in the fields of science, engineer, industry and law 
appointed by the Council of Ministers as members, six of whom must be appointed from 
qualified members in the private sector. 
The Board shall appoint officials of the Department of Intellectual Property 
to be its secretary and assistant secretary. 
Section 40 The Board shall have the following powers and duties: 
(1) to submit recommendation or give advice to the Minister on the issuance 
of the Ministerial Regulation under this Act; 
(2) to consider and decide appeals against orders of the Director General 
under this Act; 
(3) to consider other matters relating to layout-designs as entrusted by the 
Minister; 
(4) to perform other acts as prescribed in this Act. IP IN 11 ITHA/L/l 
Page 16 
Section 41 A qualified member shall hold office for a term of two years. 
The outgoing qualified member may be reappointed for not more than two consecutive 
terms 
Section 42 In addition to the vacation of office upon the expiration of the 
term, a qualified member vacates office upon: 
(1) death; 
(2) resignation; 
(3) being discharged by the Council of Ministers; 
(4) becoming a bankrupt; 
(5) becoming an incompetent or a quasi-incompetent person; or 
(6) having been imprisoned by a final judgement to a term of imprisonment, 
except for an offence committed through negligence or a petty offence. 
Section 43 In the case where there is an appointment of a qualified member 
to replace a qualified member who vacates office before expiration of his term or in the 
case where there is an additional appointment of a qualified member during the term of 
qualified members already appointed, the appointee shall hold office for the remaining 
term of the qualified member already appointed. 
Section 44 In the case where new qualified members have not yet been 
appointed after the expiration of the term of the qualified members, the qualified members 
whose term has expired shall perform their duties for the time being until the new qualified 
members are appointed. 
Section 45 A quorum for meeting of the Board shall consist of not less than 
one half of the total number of members. If the Chairman is not present at the meeting or is 
not able to perform the duty, the members present shall elect one of its members to preside 
over the meeting. 
A decision of the meeting shall be taken by a majority of votes. Each 
member shall have one vote. In case of any equality of votes, the presiding chairman shall 
have an additional casting vote. 
Section 46 The Board shall have a power to appoint a subcommittee for the 
consideration or performance of any act as entrusted by the Board and section 45 shall 
apply mutatis mutandis to a meeting of the subcommittee. IPINIlITHA/L/l 
Page 17 
Section 47 In performing duties, the Board or subcommittee shall have a 
power to issue a written order requiring any relevant person to give statements or furnish 
any document or article as a supporting material for consideration as deemed necessary and 
in accordance with the regulations prescribed by the Board. 
Chapter 7 
Penalties 
Section 48 Any person who acts under section 22 (1) without consent of the 
right holder shall be liable to a fme from fifty thousand Baht up to five hundred thousand 
Baht. 
Section 49 Any person who acts under section 22 (2) without consent of the 
right holder shall be liable to a fme from twenty thousand Baht up to two hundred thousand 
Baht. 
Section 50 Any person who files an application for or furnishes any other 
document relating to the registration of layout-design or the assignment or authorisation to 
exercise rights in layout-design by giving false statements to the competent official or the 
Board shall be liable to imprisonment for a term not exceeding six months or to a fine not 
exceeding one hundred thousand Baht or to both. 
Section 51 Any person who violates section 47 shall be liable to a fme not 
exceeding five thousand Baht. 
Section 52 In the case where a person who commits an offence punishable 
under this Act is a juristic person, the managing director, manager or the persons 
representing such juristic person shall also be liable to the penalty imposed by law for such 
offence unless it can be proved that the act of the juristic person has been conducted 
without their knowledge or consent. 
Section 53 In the case where the Court has entered a judgement that an 
offender has committed an offence under section 48 or section 49, the Court shall order the 
seizure of all layout-designs, integrated circuits or products infringing the rights of the right 
holder that are in possession of the offender. In the case where the Court thinks fit, it may IP/NIIITHAILI 1 
Page 18 
order the destruction of such layout-designs, integrated circuits or products or the 
performance of any other act to prevent future distribution thereof. 
In the case where the offender has removed the layout-designs or integrated 
circuits of the right holder from the integrated circuits or products infringing the rights of 
the right holder, the Court may impose the seizure's order or any other act under paragraph 
one only on the integrated circuits or products that still remain infringing of the right of the 
right holder. 
Countersigned by 
Chuan Leekpai 
Prime Minister Schedule of Fees 
An application for registration of a layout-design 
Publication of registration of a layout-design 
A layout-design certificate 
An application for revocation of registration of a layout-design 
An appeal against an order of the Director General 
Annual fees 
2nd year 
3rd year 
4th year 
5th year 
6th year 
7th year 
8th year 
9th year 
10th year 
or pay in lum sum 
An application for registration of license contract 
to exercise rights in a layout-design 
An application for registration of assignment of rights in a layout-design 
An application for authorisation to exercise rights in a layout-design 
500 
A license to exercise rights in a layout-design 
1,000 
A replacement of a layout-design certificate 
A replacement of a license to exercise rights in a layout-design 
Coping of document (per page) 
CertifYing copy of document 
of more than ten pages, each 
of not more than ten pages, per page 
Any other application IP /NIl ITHA/Ll1 
Page 19 
Baht 
1,000 
500 
1,000 
500 
1,000 
2,000 
4,000 
6,000 
20,000 
30,000 
40,000 
50,000 
60,000 
70,000 
280,000 
500 
500 
100 
100 
10 
100 
10 
100