WORLD TRADE  
ORGANIZATION  IP/Q/THA/1 
IP/Q2/THA/1 
IP/Q3/THA/1 IP/Q4/THA/1 
12 February 2004 
 
(04-0536) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
  
REVIEW OF LEGISLATION 
  
THAILAND
1 
  
 The present document reproduces the introductory statement made by the delegation of Thailand, the questions put to it and the responses gi ven in connection with th e review of legislation 
undertaken at the Council's meeting of 27 to 28 November 2001
2. 
 
 
_______________ 
 
 I. INTRODUCTORY STATEMENT 
I would like to thank you and the Council for giving me an opportunity at this meeting to 
summarise what Thailand has implemented under the TRIPS Agreement.  
First of all, may I introduce members of my delegation who are from various IP-related 
agencies in Thailand.  My name is Santi Rattanasu wan, Deputy Director-Gener al of the Department 
of Intellectual Property, Ministry of Commerce.  With me here today is Mr. Justice Ariyanuntaka from the Central Intellectual Property and Internatio nal Trade Court. Dr. Danvivathana is from the 
Department of Treaties and Legal Affa irs, Ministry of Foreign Affairs. 
 
This is the first time that Thailand has ha d the opportunity to inform the Council of our 
activities related to intellectual property under the TR IPS Agreement.  My intention is, therefore, to 
report our efforts on the updating and enacting, of Th ailand's intellectual property-related laws as well 
as our efforts to ensure that those laws are im plemented in accordance with the TRIPS Agreement. 
 
Having been cognizant of our commitments to  the WTO, Thailand has attached great 
importance to the protection of intellectual property protection since it is believed that it will stimulate 
the creation of new innovations and useful art.  We also believe that our support to the protection of 
intellectual property will eventually bring ab out further economic growth and technological 
advancement while preserving our cultural assets.  
                                                     
 
1 As regards laws and regulations notified by Thaila nd under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/THA/1, IP/N/1/T HA/C/1, IP/N/1/THA/C/1/Rev.1, IP/N/1/THA/C/2, 
IP/N/1/THA/I/1, IP/N/1/THA/I/1/Rev.1, IP/N/1/THA /I/2 to 9, IP/N/1/THA /L/1, IP/N/1/THA/P/1, 
IP/N/1/THA/P/1/Rev.1, IP/N/1 /THA/T/1, IP/N/1/T HA/T/1/Rev.1, and IP/N/1/THA/U/1. 
2 The minutes of this meeting have been circulated as document IP/C/M/34. IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 2 
 
 
 Under the present administrative regime, the Thai government also places great emphasis on 
the development of the intellectual property system  in Thailand, not only for our commitments under 
the multilateral system, but also for our own econo mic and technological development.  Our efforts 
have focused on implementing and promoting in tellectual property-related laws.  The Thai 
government also envisages many additional laws  and regulations that will supplement the 
implementation of the existing IP laws. 
 Taking these facts into consideration togeth er with our obligation as one of the WTO 
Members, Thailand would like to report the following: 
 
A. C
OPYRIGHT AND RELATED RIGHTS  
Copyright and related rights in Thailand are governed by the Copyright Act B.E. 2537 (1994). 
The 1994 Act replaced and repealed the previous Copyright Act B.E. 2521 (1978) so as to bring all of 
the copyright principles in line with the TRIPS Agreement.  For example, the 1994 Act has now 
provided protection for computer programs and compilati ons of data as stated in Sections 4 and 12 of 
the 1994 Act, respectively.  Rental rights in Articl e 11 of the TRIPS Agreem ent are also implemented 
in Section 15 of the 1994 Act.  Performer rights ar e provided for in Chapter 11 of the 1994 Act.  All 
of the rights mentioned above are conferred upon the citizens of the Members of the Berne 
Convention and the WTO to the same extent as th at available to Thai people.  The 1994 Act was 
enacted in December 1994 and has co me into force since March 1995. 
 
B. TRADEMARKS  
 The Trademark Act B.E. 25 34 (199 1) was am ended in 2000 by the Trademark Act (No. 2) 
B.E. 2543 (2000) in order to comply with the TRIPS Agreement.  The 2000 Act has extended the 
scope of protection to certification marks, collectiv e marks, service marks, and configurative marks. 
For the well-known mark, it is protected regardless of whether it is registered in Thailand.  The 
registration of a mark is for an indefinite period so  long as the renewal fees are paid every tenth year. 
 C. P
ATENTS AND DESIGNS  
The law covering patents and designs is the Pa tent Act B.E. 2522 (A.D. 1979).  This Act was 
amended twice by the Patent Act (No.2) B.E. 2535 (1992) and the Patent Act (No. 3) B.E. 2542 
(1999) in order to bring it into conformity with th e TRIPS Agreement.  This makes patent protection 
in Thailand available for any inve ntions in all fields of technology in accordance with Article 27 of 
the TRIPS Agreement.  
Patent for inventions lasts 20 years from the date of filing the application.  Patent for designs 
lasts 10 years from the date of filing the application.  The patent for designs is available for a new 
design for industry including handicrafts which is in accordance with Articles 25 and 26 of the TRIPS 
Agreement.  With respect to plant va rieties, they are protected under the sui generis Plant Varieties 
Protection Act B.E. 2542 (1999) which was newly en acted and came into force in November 1999. 
This Act protects new plant varieties and, at the sa me time, allows the collection of royalties for the 
use of local and general domestic plant varieties. 
 
D. L
AYOUT -DESIGNS OF INTEGRATED CIRCUITS  
Layout-designs of integrated circuits are governed by the Protection of Topographies of 
Integrated Circuits Act B.E. 2543 (2000).  This Act was newly enacted and came into force in April 
2000. It embraces layout-designs, mask works and inte grated circuits incorporating the protected 
layout-designs.  The protection is also extended to  products in which such integrated circuit is  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 3 
 
 
 incorporated.  The term of protection is 10 year s as from the date of filing the application for 
registration under this Act or the date of the firs t commercial exploitation whether within or outside 
the Kingdom, whichever comes first, but shall not exceed fifteen years as from the date of the 
completion of the layout-design's creation. 
 
E. P
ROTECTION OF UNDISCLOSED INFORMATION  
Undisclosed information has been protected unde r existing laws, namely the Criminal Code 
and the Civil and Commercial Code.  With a view to provide clear and increased protection and to 
improve the case of usage, the Trade Secret Bill h as been proposed and is being reviewed by the 
Parliament.  Its approval is expected by the end of  this year.  This Bill will provide protection for 
undisclosed test data or other data submitted to the government agencies for marketing approval, 
which is consistent with Article  39(3) of the TRIPS Agreement. 
 F. G
EOGRAPHICAL INDICATIONS  
"Geographical indications", as an issue, has re ceived a great deal of attention by the Thai 
public.  Even though it is presently partially prot ected by the existing laws, the Government has 
completed the draft bill for the protection of geogr aphical indications and has already submitted it to 
the Parliament for their consideration. This law,  once enacted, will provide protection not only for 
subjects stipulated in Articles 22 and 23 of the TRIPS  Agreement, but would also accord protection 
for other agricultural products, such as the inte rnationally renowned "Jasmine" rice from Thailand 
which is on the verge of being stolen.  The Bill will also provide for a registration system for goods 
that have geographical indications.  
It is Thailand's intention to pass the "G eographical Indications" Law very soon. 
 
G. E
NFORCEMENT  
Thailand is one of the few countries that have  various mechanisms designed to enforce IP 
rights.  These are as follows.  Firstly, the Central Intellectual Property and International Trade Court was established to deal specifically with infringemen t of IP rights.  Secondly, the Office of Attorney- 
General has established a special division to prosecu te IP cases.  Thirdly, a special police unit is 
tasked to carry out the investigation of violation of  IP laws. These efforts were made to ensure fast 
and effective procedures against infringement of IP rights. 
 
With regard to the enforcement of intellectual property rights specified in Part III of the 
TRIPS Agreement, Thailand has fulfilled the oblig ations through intellectual property law.  For 
example, the Copyright Act B.E. 2537 (1994), the Patent Act B.E. 2522 (1979), and the Protection of 
Layout-Designs of Integrated Circuits Act B.E. 254 3 (2000).  They have provided effective measures 
against any act of infringement of intellectual pr operty rights.  These include injunction, obtaining 
evidence prior to the filing of an action, and criminal  sanction.  It also requires that remedies for an 
infringement must be sufficiently provided.  
In addition, the Act for the Establishment of  and Procedure for Intellectual Property and 
International Trade Court B.E. 2539 (1996) and the Ru les for Intellectual Property and International 
Trade Cases B.E. 2540 (1997) as well as the Civil and Commercial Code also ensure that the 
enforcement of intellectual property rights is fair and equitable.  The legislation mentioned above 
empowers the judicial authorities to grant injunctions  and to award damages for the party whose rights 
have been infringed as well as to compensate the de fendant for any injury caused by an abuse of 
enforcement procedures.  It may be noted that other civil and administrative procedures which are not 
covered by the Act for the Establishment of and Pr ocedure for Intellectual Property and International IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 4 
 
 
 Trade Court B.E. 2539 (1996) and the Rules for Intellectual Property and International Trade Cases 
B.E. 2540 (1997), are covered by the Civil Procedure Code B.E. 2477 (1934).  
For Section 4 (Special Requirements Related to Border Measures) of Part III of the TRIPS 
Agreement, the Thai customs authorities are empower ed by the Act on Exportation and Importation of 
Goods to the Kingdom of Thailand B.E. 2522 (197 9) and the Customs Act B.E. 2469 (1926), to 
exercise their authority in accordance wi th the provisions in this Section. 
 
Thailand recognizes the necessity of a proper inte llectual property system that is consistent 
globally because, in the present days of globalisa tion, there is no boundary on trade and services 
practices.  It is, therefore, our sincere intentio n to implement our commitments in line with the 
schedule stipulated by the Agreement, even thou gh we believe that the present legislative regime 
provides sufficient protection to almost all aspects required by the TRIPS.  
 
However, enacting laws in a democratic c ountry such as Thailand where its citizens are 
becoming more educated and more involved with the legislative process is much more difficult 
because there is normally much debate in the Pa rliament.  This sometimes causes an unexpected 
delay.  Nonetheless, it is believed that the even tual outcome will not only be consistent with the 
TRIPS Agreement, but will also be accept ed by the general public in Thailand. 
 
Thailand also places great importance on the pr omotion of intellectual property knowledge at 
all levels of education.  Presently, the Ministry of Commerce, in conjunction with the Ministry of 
Education, is beginning a concrete improvement of the present educational curriculum to include 
intellectual property matters.  We believe that we  will eventually benefit from a well-balanced and 
well-developed IP system in Thailand. 
 
Thailand would like to thank the Members w ho have submitted the questions and showed 
interest on our progress in IP development.  I believe  that the above briefing covers more or less some 
questions and concerns addressed by Members.  Howe ver, we would like to express our regret that we 
would not be in a position to reply to the ques tions posed by distinguished Members that were 
submitted after the deadline as stipulat ed by the Council at this time.  We will reply to them in writing 
in due course. 
 
As a final comment, Thailand values an opportuni ty to be present here because we believe 
that this exercise will provide further guidance on Members' implementation of multilateral rules. 
Therefore, Thailand welcomes any questions put to us by Members of the WTO. Moreover, it is 
hoped that the questions are constructive ones a nd specific enough for us to give meaningful and 
equally constructive answers. May I once again e xpress our appreciation for the attention given to 
Thailand and hope that our contribution today will assist the progress of intellectual property 
protection.   II. RESPONSES TO QUESTIONS POSED BY AUSTRALIA 
A. C
OPYRIGHT AND RELATED RIGHTS  
1. To what extent does current copyright pr otection in Thailand cover the use and 
dissemination of copyright works on digital ne tworks such as the Internet?  Are there any 
specific provisions in copyright law concerning th e digital on-line environment, and are there 
any significant judicial or administrative decisions with bearing on this issue?  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 5 
 
 
  Thai copyright law gives protection to works of authorship regardless of the form or means of 
their expression.  Therefore, they are equally prot ected even though they are in the digital form.  
There is not, however, a specific provision concerning the digital on-line environment.  Nevertheless, the basic rights of reproduction, adaptation and co mmunication to the public can be construed to 
protect the rights of owners of works in the digital form, so that they can have control over the acts of 
others who exploit their creative works on the Internet.  
2. Are there any specific exceptions to copyright under the law of Thailand to allow use of 
copyright materials by third parties for permitte d purposes?  Are there any significant judicial 
decisions with bearing on this issue?  Are there any specific rules or finding concerning 
exceptions or limitations to copyri ght protection of computer software? 
 Yes, there are specific exceptions to copyri ght and these are provided in sections 32-43.  We 
have only few judicial decisions on this issue, namely the rulings of the Supreme Court No. 1732/2543 on April 2000 and No. 5843/2542 on 18 September 2000.  Exceptions to copyright 
protection of computer software are dealt with in section 35.  However, there is no specific finding 
concerning exceptions or limitation thereto.  
3. Does the law of your country provide copy right protection for material created by 
government?  If yes, does the law provide pr otection to government in the same way as 
protection is provided for other copyright creators  or do different provisions apply.  How does 
the law of your country deal with the use of co pyright material by government?  For example, is 
government subject to the same requirements as  other users of copyright material or do 
different provisions apply? 
 Yes.  Section 14 prescribes that Ministries, Departments or other government or local units 
are the owner of copyright in the work created in the course of employment, order or control unless it 
is otherwise agreed in writing.  The Copyright Ac t provides copyright protection to the government in 
the same way and to the same extent as it provides to private authors.  However, it must be noted that 
some Government-created materials as provided in section 7, are not deemed copyright works such as 
legislation, decisions and report.  
4. How does the law of your country deal with the copying by educational institutions? Are 
educational institutions subject to the same re quirements as other users of copyright materials 
or do different provisions apply?  Are there exceptions to the general rules regarding 
infringement of copyright which apply in resp ect of copying by educational institutions? 
 Thai copyright law does not provide a special provision for the act of copying by educational 
institutions.  Thus, they are subject to the same re quirements as other users of copyright materials. 
 
5. How does the law of your country implement the obligations under Article 14.3 of the 
TRIPS Agreement in respect of broadcasting organizations? 
 Under the Thai Copyright Act, broadcasting organizations are protected as authors of 
copyright works, not as producers of related rights.   Therefore, they are granted the same rights 
provided for copyright owners in other categor ies of copyright works (please see section 6 and 
section 15).  Section 19 of the Copyright Act also prescribes the acts deemed copyright infringement 
in order to comply with Article 14.3 of th e TRIPS Agreement in respect of broadcasting 
organizations.  IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 6 
 
 
 6. Does the law of your country provide criminal sanctions for copyright infringement?  If 
yes, please describe the operation of these provisions. 
 Yes, the operation of these provisions is described in sections 69-77 in the Copyright 
Act B.E.2537 (A.D. 1994) which has already been notified to the WTO. 
 
B. P
ATENTS (INCLUDING PLANT VARIETY PROTECTION ) 
7. How does your country provide protection for new plant varieties as required under 
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it modelled?  Can new plant varieties be protected by patent in your country? 
 Thailand provides protection for new plant va rieties as required under Article 27.3(b) by 
enacting the sui generis Plant Varieties Protection Act B.E.  2542.  This law was enacted in 
November 1999.  The Plant Varieties Protection Act B.E. 2542 is based on the UPOV system, the International Convention for the Protection of Plan ts of 2 December 1961, as revised at Geneva on 
10 November 1972, and on 23 October 1978.  New pl ant varieties cannot be protected by patent in 
Thailand. 
 C. P
ROTECTION OF UNDISCLOSED INFORMATION  
8. To whom does the law provide for the protect ion of undisclosed information, as required 
by Article 39.2 of the TRIPS Agreement, appl y?  Does the relevant law apply to government 
and government linked agencies? 
 Our trade secret law has not yet been in force.  It is now in the form of the Trade Secret Bill 
being considered by the Parliament.  Generally , the draft law gives protection to undisclosed 
information that is qualified as a "trade secret" and applies to both natural and legal persons.  
Specifically, the protection of undisclosed informat ion in Thailand is provided under the framework 
of trade secret law.  Therefore, to be protected, undisclosed informa tion has to be qualified as a trade 
secret.  And if the Government or Government-l inked agencies can prove that their undisclosed 
information is qualified as such, trad e secret law would then apply. 
  
III. RESPONSES TO QUESTIONS POSED BY CANADA 
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS 
Agreement and throughout) have been implemented. 
 With regard to the enforcement of intellectua l property rights specified in Part III of the 
TRIPS Agreement, Thailand has fulfilled the oblig ations through intellectual property law.  For 
example, the Copyright Act B.E. 2537 (1994), the Patent Act B.E. 2522 (1979), the Trademark Act B.E. 2534 (1991), and the Protection of Layout-Designs  of Integrated Circuits Act B.E. 2543 (2000).  
They have provided effective measures against any ac t of infringement of intellectual property rights.  
This includes criminal sanctions.  It is submitte d also that remedies for an infringement are 
sufficiently provided.   In addition the Act for the Establishment of  and Procedure for Intellectual Property and 
International Trade Court B.E. 2539 (1996) and the Ru les for Intellectual Property and International 
Trade Cases B.E. 2540 (1997) as well as the Civil and Commercial Code also ensure that the 
enforcement of intellectual property rights is fair  and equitable. The legislation mentioned above 
empowers the judicial authorities to grant injunctions  and to award damages for the party whose rights  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 7 
 
 
 have been infringed as well as to compensate the de fendant for any injury caused by an abuse of 
enforcement procedures.  It may be noted that othe r civil and administrative procedures, which are not 
covered by the Act for the Establishment of and Pr ocedure for Intellectual Property and International 
Trade Court B.E. 2539 (1996) and the Rules for Intellectual Property and International Trade Cases 
B.E. 2540 (1997), are covered by the Civil Procedure Code B.E. 2477 (1934). 
  For Section 4 (Special Requirements Related to Border Measures) of Part III of the TRIPS Agreement, the Thai customs authorities are empower ed by the Act on Exportation and Importation of 
Goods to the Kingdom of Thailand B.E. 2522 (197 9) and the Customs Act B.E. 2469 (1926), to 
exercise their authority in accordance with the provisions in Section 4. 
 
2. What protection does your copyright legislation afford to "foreign works"? 
 With regard to copyright protection for foreign works, Chapter 5 (International Copyright and 
Performer's Rights) of the Copyright Act B.E. 2537 (1994) provides that the Copyright Act B.E. 2537 
(1994) confers the same protection on a work of an author of a country which is a member of the 
Convention on the protection of copyright of whic h Thailand is also a member, and on a copyright 
work of an international organiza tion of which Thailand is a member. 
  
IV. RESPONSES TO QUESTIONS POSED BY  THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES 
A. G
ENERAL PROVISIONS  
1. Please describe if your legislation includes measures necessary to protect public health 
and nutrition and to promote the public interes t in sectors of vital importance to your socio-
economic and technological performance as  mentioned under Article 8 of the TRIPS 
Agreement.  If yes, please explain how such me asures are consistent with the provisions of the 
TRIPS Agreement. 
Our legislation gives protection through various pieces of legislation and the main one is the 
Consumer Protection Act B.E. 2522 (1979).  Moreove r, all intellectual property laws of Thailand 
contain provisions safeguarding public heath a nd nutrition from being monopolized unjustifiably. 
Such provisions can be found in, for instance, se ction 9 of the Patent Act B.E. 2522 (1979) as 
amended, which states that inventions contrary to pub lic order, morality, health or welfare shall not be 
protected.  B. C
OPYRIGHT AND RELATED RIGHTS - THAI COPYRIGHT ACT B.E.  2537  (THE "ACT") 
2. Please explain the copyright protection give n to authors of databases or compilations of 
data as required by Article 10.2 of the TRIPS agreement and please also confirm where in the 
Act a definition of databases and a description of the protection given is provided. 
 Authors of databases are protected under section 12 of the Copyright Act B.E. 2537 
(A.D.1994).  Although a definition of databases is  not given in the Act, section 12 states that 
copyright can subsist in databases in accordance with  Article 10.2 of the TRIPS Agreement.  This 
means that the person, who makes the compilation or the composition of data or other materials 
readable or conveyable by a machine or other appara tus, will be protected by copyright, provided that 
he has done so by means of selection or arrangeme nt in the manner which is not an imitation of 
another person's work.  The description of protection is also provided in the same section, that is the 
protection conferred on owne r of copyright shall not be prejudiced to the rights of  copyright owners IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 8 
 
 
 in the works or data or other materials, created by  original authors which are compiled or composed.  
The scope of protection is provi ded in section 15 of the Act. 
 
3. Section 8 of the Act – Please explain the meaning of this provision as regards the 
requirement that for a non-Thai resident "the resident must be at all times or most of the time spent on the creation of the work". In part icular, how does this provision comply with 
Article 3.1(b) of the Berne Convention for th e Protection of Literary and Artistic Works? 
 It is supposed to mean that, to receive copyri ght protection, the non-Thai resident must spend 
all of his time or most of the time in creating a wo rk in Thailand or in a country which is a member of 
the Convention of which Thailand is a member.   As for the compliance with Article 3.1(b) of the Berne Convention, section 8(2) of the Act provides the same protection to Article 3.1(b), i.e. not taking into account the nationality of the author, 
but the place first published. 
 
4. Section 19 of the Act -Please explain the date from which the term of copyright 
protection for author begins, i.e. is it from th e date that the work was made or the date of 
publication? What is the definition of the date of authorship? 
 In case of the author being a natural person, co pyright protection begins on the date that the 
work is created, not the date of publication.  Howeve r, if the author or joint authors is or are dead 
prior to the publication of the work, the term of protection begins on the date of first publication. 
  In case of the author being a juristic pers on, copyright protection begins upon creation; 
provided that the work is published during such a pe riod, copyright protection begins upon the first 
publication.  
5. Section 15 of the Act – Please expand on th e circumstances in which licensing conditions 
will constitute unfair restrictions on compet ition and confirm whether the ministerial 
regulations referred to in this section have yet come into force? 
 Section 15 of the Act not only grants the exclus ive rights to the copyright owner to reproduce 
or adapt his works etc, but also includes the authorit y to license rights mentioned in (1), (2) or (3) with 
or without conditions, provided that the said conditions shall not unfairly restrict the competition. Conditions conducted by the copyright owner that will constitute unfair restrictions on competition 
are, for instance, 
 
• Requires the licensee to procure th e materials for the reproduction pr ocess of such licensed works, 
in whole or in part, from the copyright owner hi mself or his appointed distributors, regardless 
whether remuneration to the licensee is paid; 
• Prohibits the licensee from procuring the materials for the reproduction process, in whole or in 
part, from specific contributor or contributors  who are designated by the copyright owner; 
• Designates the licensee to use other copyri ghted works and claims for remuneration; 
• Stipulate or limit the rights of the licensee regard ing research or further study on such licensed 
works. 
 Note that the Ministerial Regulation concerning unfair competition restrictions has been in 
force since 1997.  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 9 
 
 
 6. Section 35.5 of the Act - Please explain the definition of a "reasonable amount" of a 
computer programs that can be copied by a legiti mate user so as to keep them for maintenance 
or prevention of loss. 
 Section 35(5) allows any person who has leg itimately bought or obtained the program from 
another person, to make a reasonable quantity of copi es of a computer program so as to keep them for 
maintenance or prevention of loss. It is underst ood that "reasonable amount" will be considered on a 
case by case basis.  Please note that the purpose of the acts according to section 35 must not be for 
making a profit, and section 32 paragraph one must be  always complied with.  If it is a personal use 
without commercial purposes, for example, one co py should be adequate for maintenance or 
prevention of loss. 
 
7. Section 35.8 of the Act - Please explain the scope of this section allowing for the 
adaptation of computer programs as necessary for use. 
 The extent for this section applies only in  the case of personal use without commercial 
purposes. 
 
8. Section 55 - Please explain whether there is an opportunity for judicial review of 
Committee decision 
 The decision of the Copyright Board in this regard (Section 55 of the Act) shall be final. 
 9. Section 62 - Please explain how this section complies with the requirement of 
Article 15(3) of the Berne Convention so that  where the author of an anonymous work is 
subsequently revealed, the copyright in that wo rk will revert back to him from the publisher of 
work. 
 Section 62 complies with Article 15(3) of the Berne Convention because section 62 
paragraph 3 does not provide an absolute presumpti on.  Once the author of an anonymous work is 
revealed, the copyright in that work will automatica lly revert back to that author by virtue of 
section 20 paragraph 2.  
10. Section 66 of the Act - Please explain the scope and meaning of this provision. 
 This section applies to every offence in the Act.   It means that if the plaintiff withdraws the 
case from the court by way of settlement the public prosecutor cannot pursue the case anymore. 
 
11. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligatio ns of which derives from Article 9 of the 
TRIPS Agreement) and Article 14.6 of the TRIPS Agreement. 
 Article 61 of the Act protects any copyrighted work of an author from a country which is a 
member of the Convention for the protection of copyright and performers' rights, the Berne Convention and the TRIPS Agreement included.  Artic le 78 of the Act also deals with the Rule of 
Retroactivity as prescribed in Article 18 of the Bern e Convention.  As a result, the Act applies to 
foreign copyrighted work in the same way as pr escribed in the Berne Convention and the TRIPS 
Agreement. 
 IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 10 
 
 
 12. Please explain whether the droit de suite provided for in Article 14ter of the Berne 
Convention is protected in your legislation. 
 Since the " droit de suite  doctrine" is optional for members of the Berne Convention to decide 
whether or not to introduce it into their national legislation, Thailand does not adopt such right into 
the Copyright Act.  
 
13. Please explain if and how judges have the authority to order that infringing goods are 
placed outside channels of commerce or destroyed. 
 According to the existing laws, the court has au thority to order infringing goods to be placed 
outside channel of commerce by granting seizure or forfeits injunction. 
 
14. Please quote what provisions of your legislation authorize judges to indemnify a 
defendant in the event of abuse by the plaintiff. 
 According to the Civil and Commercial Code of  Thailand, an injured defendant can claim for 
indemnification on the ground of torts. 
 
15. Please explain how your legislation implem ents Article 50  of the TRIPS Agreement. 
 Thailand has established the Central Intellectua l property and International Trade Court (the 
"IPIT Court") to act as the judicial authority since 1997. Please see its existing laws that have been notified to the WTO. 
 
16. Please identify the competent authorities in  your jurisdiction who receive requests from 
right holders for an application to suspend the release of counterfeit goods by customs 
authorities. 
 The Customs authorities directly deal with  the measures on the exporting of counterfeit 
goods. 
 
17. Please indicate whether or not procedures  are available to suspend the exporting of 
counterfeit goods. 
 The procedures related to suspension of th e exporting of counterfeit goods have been 
provided in a number of ministerial notifications in order to comply with the TRIPS Agreement. 
Please see concerned regulations that have been notified to the WTO. 
 
18. Please quote what provisions of your legisl ation authorize the competent authorities to 
order the destruction or disposal of infringing goods. 
 The infringing goods can be destroyed or dispo sed of by the judgement issued by the IPIT 
Court. 
 
19. Please indicate whether your legislation provides for a de minimis  imports exception. 
 Ministerial notifications have adopted a de minimis imports exception. 
  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 11 
 
 
 20. Please describe how your legislation author izes judges to order production of evidence 
by the opposing party.  Please give precise info rmation on what measures are taken to ensure 
the protection of confidential information. 
 Section 123 of the Civil Procedure Code authorizes judges, upon the motion by the first party, 
to order production of evidence by the opposing part y.  If confidential information is qualified as a 
trade secret, it would be protected under the Thai law of trade secret.  C. T
RADEMARKS - TRADEMARK S ACT B.E.  2534  (1991)  AS AMENDED (THE "ACT") 
21. Please confirm whether or not elements such as sound, perfumes and containers, are 
protectable. 
 According to the Act, "mark" means a photograph, drawing, device, brand, name, word, 
letter, manual, signature, combinations of colours, shape or configuration of an object or any one or 
combination thereof.  As a result, sound, perfu mes and containers are not protected under our 
legislation. 
 
22. Section 9 of the Act - Please explain in detail whether, and if so, how application can be 
made for trademark protection covering goods in different classes. 
 Article 9 paragraph two states that an applica tion may not cover goods in different classes. As 
a result, if the applicant would like to have his trademark covered in different classes, he requires 
filing multiple applications. 
 
23. Please explain how your legislation compli es with Article 16.3 of the TRIPS Agreement. 
 Section 8(10) of the Act states that a ma rk, which is identical with a well-known mark, 
whether registered or not, as prescribed by the Ministerial Notifications, or so similar thereto that public might be confused as to the owner or or igin of the goods, shall not be registered. 
 
24. Please confirm whether or not your legi slation provides that the registration be 
indefinitely renewable. 
 According to section 54 of the Thai Trademark Ac t, a registered trademark can be indefinitely 
renewed every tenth year.  25. Please explain whether or not your legislat ion provides for a mechanism to appeal to 
judicial bodies of final administrative decisions. 
According to Section 38, in relation to appeal for registration, the applicant or the opposing 
party can appeal the decision of the Trademark Boar d to the IPIT Court within 90 days from the date 
of receipt of the decision. 
 
26. Please indicate whether or not your legislation provides for a de minimis  imports 
exception. 
Ministerial Notification on Exportation and Impor tation of Goods to the Kingdom of Thailand 
B.E.2530 (A.D. 1987) adopts a de minimis  imports exception. 
 IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 12 
 
 
 27. Please explain how your legislation implem ents Article 50 of the TRIPS Agreement. 
 The provisional measures, as required by Article 50 of the TRIPS Agreement, are present in 
various Thai laws of intellectual property.  For example, section 65 of the Copyright Act, 
section 77 bis of the Patent Act and section 116 of the Trademark Act.  The Court has authority to 
enforce such measures by virtue of rules 13-19 of  the Regulations concerning intellectual property 
and international trade cases B.E. 2540 (A.D. 1997).   Moreover, general provisions concerning pr ovisional measures are provided in sections 254-
270 of the Civil Procedure Code. 
 
D. G
EOGRAPHICAL INDICATIONS  
28. Please explain whether or not your tr ademark registration authority refuses a 
trademark application if it contains a geographical indication. 
 According to Section 8(12) of the Trademark Act, registration of any trademark containing 
geographical indications is prohibited. 
 
29. Please give the definition of a geographical indication in your legislation. 
 The definition of a geographical indication has not yet been confirmed since the Bill is still 
being considered by the Parliament.  However, it is likely that it would reflect the definition given in 
Article 22 of the TRIPS Agreement. 
 
30. Please describe and explain the provisions of your legislation establishing a link, if any, 
between the characteristics of an indication and its geographical origin. 
 The link is given in the definition of a geographical indication which has yet to be finalized. 
 31. Please describe how additional protection in granted by your legislation to wines and spirits.  Please mention other types of products, if any, covered by this additional protection. 
 Section 25 of the Protection of Geographical Indications Bill mirrors the special protection 
under Article 23(2).  The kinds of products receivi ng special protection will be described in the 
Ministerial Regulations.  32. Please explain how exceptions under Articl e 24 of the TRIPS Agreement are used in 
your jurisdiction. Please provide examples of the u se of exceptions by courts or lists of names 
considered as generic in your jurisdiction. 
 Exceptions are provided in section 5 of the Prot ection of Geographical Indications Bill.  As 
the Bill has not been enacted, lists of names have yet to be considered. 
 
E. I
NDUSTRIAL DESIGNS - REFERRED TO PATENT ACT B.E  2522  (1979)  AS AMENDED  
33. Please explain whether or not your legislation extends to the protection of designs 
dictated by essentially technical or functional considerations. Please explain how textile designs 
are protected. 
 Yes, designs dictated by technical or functi onal considerations are protected under Chapter 3 
of the Patent Act.  However, it should be noted th at the protection is given to the appearance of the  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 13 
 
 
 product although such a product is dictated technical or functional considerati ons.  For textile designs, 
they can also be protected under the Patent Act.  Moreover, they can be protected automatically under 
the law of copyright.  34. Please explain how your legislation protects right holders of a design against importing of articles bearing embodied or copied design. 
 Section 63 of the Patent Act provides that onl y the patent holder can import articles embodied 
such patented design.  Therefore, the unauthorized importation of articles embodying or copying such a design is prohibited. 
 
35. Please state whether or not your legislation provides for the right to issue a compulsory 
license for industrial designs. 
 No, there is not a compulsory license provision  for industrial designs in the Patent Act.  
However, if the conduct of the patented design hold er is inconsistent with the principle of fair 
competition, the design holder may be forced to gr ant a license by the exercise of the Competition 
Act B.E. 2542 (1999).  
36. Please indicate for what period of time your legislation grants protection for industrial 
designs. 
 Pursuant to Article 62 of the Act, a design pate nt shall have a term of  protection for ten years 
from the date of filing of the application. 
 F. P
ATENTS - PATENT ACT B.E.  2522  (A. D. 1979)  AS AMENDED (THE "ACT") 
37. Please explain whether or not essentially biological processes are excluded from your 
legislation. 
 Section 9(1) of the Act states that naturally  occurring microorganisms and their components 
are not protected under the Act.  But it does not prohibit the patenting of biological process so far as it 
is not a discovery.  
38. Please describe how micro-organisms, no n-essentially biological processes, and micro-
biological processes are protected in your legislation. 
 They are protected under section 9 of the Act, except naturally occurring micro-organisms. 
 
39. Please explain how your legislation prot ects patent right holders against the importing 
and against the offering for sale of a patented invention. 
 Section 36(1) of the Act provides that only th e patentee shall have the right to produce, use 
sell, have in the possession for sale, after for sale or import the patented product. 
 
40. Please state if your legislation provides fo r patent product protect ion of pharmaceutical 
and agricultural chemical product. 
 Generally, the Patent Act embraces protection e qually for all fields of technology. If such 
pharmaceutical or agricultural chemical product is new, involves an inventive step and has industrial 
applicability, it can be protected by the Act. 
 IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 14 
 
 
 41. Please clarify if the patent protection of  a process covers the product directly obtained 
by that process. 
 According to section 36(2) of the Act, where the subject matter of a patent is a process, the 
patentee has the right to use the patented process, to produce, use, sell, have the possession for sale, 
offer for sale or import the patented prod uct produced by the patented process. 
 
42. Please explain how your legislation provides for the reversal of the burden of proof in 
relation to process patents. 
 Section 77 of the Patent Act provides the revers al of the burden of proof in the case that the 
patent holder sues the infringer for civil liability and th e patent holder can show that the product of the 
infringer is similar to that of the patent holder.  
43. Please explain additional conditions, if any, in your legislation other than the sufficient 
disclosure of the invention in Article 29 of the TRIPS Agreement (eg. submission of justification 
for access to generic material or pr ior informed consent of its use).  If such additional conditions 
exist, please point out the relevant legislation a nd describe the additional conditions in detail. 
 According to Section 17 of the Act, the app lication for patent shall contain, among other 
conditions, a detail description of the invention in su ch full, concise and clear and exact terms as to 
enable any person ordinarily skilled in the art to wh ich it pertains, or with which it is most nearly 
connected, to make and use the invention and se tting forth the best mode contemplated by the 
inventor to carry out his invention. Thus, there is no additional condition. 
 
44. Please explain how your legislation explic itly ensures that a proposed user has made 
efforts to obtain authorization from the ri ght holder on reasonable commercial terms and 
conditions and that such efforts have not been su ccessful within a reasonable period of time.  In 
this context, how do you define  "a reasonable period of time".   Please also explain how your 
legislation ensures that the use of compulsory lic ense shall be authorized predominantly for the 
supply to the domestic market of the Member authorizing such use. 
 Our legislation ensures this by requiring the pr oposed user to show his efforts to the Director 
General and this would normally be determined on a case by case basis.  "A reasonable period of 
time" cannot be given an exact definition.  Th is is because it usually varies owing to the 
circumstances of the case.  We ensure that the au thorization of a compulsory licence is available by 
providing a provision in the Patent Act.  But it is not  always necessary that such an authorization will 
be given predominantly for the supply to the domestic market.  
45. Please state if your legislation grants additional protection for innovations after the 
20 years of patent protection has lapsed. 
 The term of protection for an invention patent shall last for 20 years and it cannot be renewed. 
 
46. Please explain whether your legislation provides for a mechanism to appeal final 
administrative decisions to judicial bodies. 
 Yes, Section 74 of the Patent Act B.E. 2522 (A .D. 1979) provides for a mechanism to appeal 
final administrative decisions to judicial bodies. 
  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 15 
 
 
 G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
47. Please explain what protection your national legislation grants to right holders against 
the unlawful importation, sale or distribut ion for commercial purposes of topographies 
including integrated circuits or other articles  in which a topography is incorporated in 
accordance with Article 36 of the TRIPS Agreement. 
 Section 22.2 of the Act grants the exclusive right to the right holder to import into the 
Kingdom (of Thailand), selling or distributing by any means 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 product in wh ich such integrated circuit is incorporated. 
 
48. Please explain what protection your national legislation provides for the derogation 
from Article 36 as specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when ac quiring an integrated circuit or an article 
incorporating such an integrated circuit that it contains an unlawful topography. 
 Pursuant to Section 23(4) of the Act, if the person committing any acts prescribed in 
Section 22(2) did not know or has no reasonable ground to know, at the time of acquiring such integrated circuit or product, that the layout-design infringing the right holder's rights was incorporated.  In such case, the person who co mmitting it may, after being notified that such 
integrated circuits or product incorporates the layout-design infringing the right holder's rights, continue to perform any of the act under Section 22(2)  in respect of integrated circuits or products 
which remain in stock or were ordered for distributio n prior to the notification thereof, but shall pay a 
royalty to the right holder in a reasonable amount in the course of trade.  H. P
ROTECTION OF UNDISCLOSED INFORMATION  
49. Please explain whether or not your legislation grants a defined period of time for the 
protection of undisclosed information.  If so, please give the time span. 
 The protection of an undisclosed information shall continue as long as such information 
remains undisclosed under conditions provided by the law.  
50. Please explain how your legislation defines "undisclosed information". 
 According to section 3 of the Trade Secret Bill,  "undisclosed information" is equivalent to 
"trade secret" in our law which means commercial information that is not generally known among or 
readily accessible to persons within the circles that  normally deal with the kind of information in 
question.  Additionally, the information must have commercial value because it is secret and has been 
subject to reasonable steps under the circumstanc es, by the person lawfully in control of the 
information, to keep it secret. 
 
51. Please explain how your legislation defines data submitted to governments or 
governmental agencies. 
 Section 15 of the Trade Secret Bill ensures that  the responsible State agency has the duty to 
prevent undisclosed test or other data from disclos ure, taking, or unfair commercial use.  The manner 
to which protection is given will be sp ecified in the Ministerial Regulations. 
 
 In practice, information and relevant data that  have been submitted by the applicant in the 
course of applying for registration of drugs will be kept secret by the Food and Drugs Administration. IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 16 
 
 
 This is considered to have complied with the TR IPS Agreement.  However, TRIPS does not require 
the Member countries to provide a data exclusivity kind of protection in the registration of drugs by 
the first applicant.  Moreover, the Thai Drug Act does not contain such a provision.  Furthermore, 
most of the Member countries of the WTO do not provide legal protection for data exclusivity. 
 
I. E
NFORCEMENT  
52. Please describe how your legislation provides for effective action against infringement of 
intellectual property rights. 
 Remedies for infringement of intellectual property rights in Thailand could be civil as well as 
criminal.  Infringement of intellectual property right s, including copyright, trademark and patent, is 
criminal in nature.  Right owners can resort to th e police and conduct a raid as for any other criminal 
activities; or he may bring a civil action in the court of justice for an injunction and damages. 
  If criminal procedure is preferred, the right owner may file a complaint with the police, who 
will then request a search warrant from the Centra l Intellectual Property and International Trade 
Court, the specialized court with exclusive jurisd iction throughout the country.  If there is sufficient 
evidence to warrant a prosecution, a public prosecu tor from the Attorney-General Office will take 
charge and prosecute the offence.  Right owners may join as the co-prosecuto r in the case started by 
the public prosecutor.  Private prosecution is rare but possible, mostly in cases where the police and 
the public prosecutor find that th e evidence is insufficient to bring a conviction but obviously, the 
right owner thinks otherwise. 
  Since the establishment of the Central Intellectua l Property and International Trade Court, the 
law in Thailand encourages the right owner to resort to civil remedies in line with most industrialized 
nations.  If the civil remedy is resort to, the right  owner may file an application with the court for 
injunction and request for an order to enter the premises of the alleged wrong doer to seize for 
evidence.  The application is heard ex parte and in  camera.  In most cases, the application will be 
granted on the same day as filed.  Right owners ha ve to bear the costs of legal representation.  
Damages have to be proved by the plaintiff.  M easure for damages is to compensate for the loss of 
benefit accrued to the right owner and expenses fo r enforcement plus appropriate attorney fees. 
 
 Criminal enforcement has the advantage of using state facilities to enforce intellectual 
property rights.  However, since TRIPS in its preamb le prescribes intellectual property right as private 
right.  One hopes to encourage more right owner to  use civil remedy, which has its own advantages 
e.g. lower standard of proof, control over the proceedings and damages.  Criminal procedure 
entertains the application for confiscation and dest ruction of counterfeit and infringing goods.  Civil 
action on the other hand, may resort to the principle of unjust enrichment to achieve a similar result. 
No test cases have yet been tried on the civil side.   At present, more than 95% of the cases for infringement of intellectual property rights are criminal cases.  Right owners choose to join the pr osecution in a criminal case rather than bringing a 
private prosecution or file a civil action.  An ar ea one has to work more on the legal profession to 
familiarize it with civil remedy, particularly those prescribed in TRIPS and implemented in the Rules 
of Procedure of the Intellectual Prope rty and International Trade Court. 
  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 17 
 
 
 53. Please explain whether or not your legislat ion provides for a mechanism to appeal to 
judicial bodies of final administrative decision. 
 Yes.  All administrative decisions concerning intell ectual property rights can be appealed to 
the Central Intellectual Property and International Trad e Court with a further appeal to the Intellectual 
Property and International Trade Division of th e Supreme Court, bypassing the Court of Appeal. 
 
54. Please describe how your legislation author izes judges to order production of evidence 
by the opposing party.  Please give precise info rmation on what measures are taken to ensure 
the protection of confidential information. 
 Production of evidence by the opposing party can be ordered at three stages: 
 
i) Before the filing of the case through sections 28 and 29 of the Act for the 
Establishment of and Procedure for the In tellectual Property and International Trade 
Court which provide for the motion by the applicant for the production of evidence in 
the procession of the other or a third party.   The application of sections 28 and 29 
must be supplemented by the Rules for In tellectual Property and International Trade 
Cases, Rules 20-22.  The proceedings will be conducted ex parte  and in camera to 
safeguard confidential information.  Secur ity for damages is expected to safeguard 
against abuse. 
 
ii) At the pre-trial conference in accordance with section 183 Civil Procedure Code, and; 
 
iii) At the trial through section 123 Civil Proce dure Code.  The refusal to the production 
of evidence will result in adverse inference on th e other party.  It also incurs criminal 
liability under section 170 Criminal Code. 
 
 In order to protect confidential information, in camera proceedings must be requested under 
Rule 24 of the Rules for Intellectual Property and International Trade Cases.  
55. Please quote provisions of your legislation that  authorizes judges to order a defendant to 
desist from an infringement. 
 Section 8 of the draft Trade Secret Bill, section 77 bis Patent Act 1979 (which also covers 
industrial designs), Rules 12-19 of the Rules for In tellectual Property and International Trade Cases 
and section 254 (2) Civil Procedural Code empower the judge of the Central Intellectual Property and 
International Trade Court to order a defe ndant to desist from an infringement. 
 56. Please quote what provisions of your legislation authorize judges to order the payment to the right holder of adequate damages to compensate the injury he suffered. 
 Section 438 of the Civil and Commercial Code  empowers the court to grant damages as it 
thinks appropriate, taking into consideration th e circumstances and gravity of the wrongful act. 
Modern intellectual property legislations, e.g. sec tion 64 Copyright Act of 1994 modifies this by 
including into the damages loss of benefits a nd necessary expenses for enforcing the rights.  The 
section 13 of the Trade Secret Bill goes a step further by awarding punitive damages (double 
damages) for a wilful or malicious conduct and account  of profits.  The legislations and jurisprudence 
in this respect are growing to encourage the enfo rcement of intellectual property rights by the civil 
action.  IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 18 
 
 
 57. Please quote provisions of your legislation authorize judges to order the payment of the 
right holder's expenses by the infringer. 
 Section 64 of the Copyright Act 1994, in complia nt with Article 45 of the TRIPS Agreement, 
leads the way for a clear provision of compensation for necessary expenses in enforcing the rights.  
This shall also include investigation fees by privat e investigator and attorney's fees.  The logic and 
philosophy brought about by the Copyright Act shall assist the court in interpreting section 161 Civil Procedural Code as to taxing of costs.  
58. Please explain if and how judges have the authority to order that infringing goods are 
placed outside channels of commerce or destroyed. 
 Section 33 of the Criminal Code empowers a judge to confiscate any property used or intend 
to be used to commit an offence.  The discreti on extends to property derived from the commission of 
an offence.  Modern intellectual property legisla tions mandate the judge to do so.  For example, 
Section 76 Copyright Act 1997 stipulates that any in fringing goods of copyright whose ownership is 
vested in the defendant shall be vested with th e copyright owner.  Any materials used in the 
commission of the offence shall be confiscated.  Fo r example, the ownership of pirated copies of the 
work shall be transferred to the copyright owne r whereas the machine used to produce the CD, for 
example, will be confiscated.  This will ensure the destruction of pirated works or to put them out of 
commercial channel. Section 53 of the Protection fo r Layout-Designs of Integrated Circuits Act 2000 
is more specific in that, after the confiscation, th e court may order destruction or putting the infringing 
goods out of commercial channel. 
 
59. Please quote what provisions of your legislation authorize judges to indemnify a 
defendant in the event of abuse by the plaintiff. 
 Interim injunctions will always come with securi ty for damages to the defendants.  See detail 
provisions in Rules 12-22 Rules for Intellectua l Property and International Trade Cases.  
Traditionally, the defendant can bring a tort action for wilful misconduct on the part of the plaintiff; security for costs is designed to assist the defendant and safeguard against an abuse. 
 
60. Please explain how your legislation implem ents Article 50 of the TRIPS Agreement. 
 In Thailand, the conventional method of polici ng intellectual property rights against infringes 
has always been conducting a police raid.  However, the provisions of the TRIPS Agreement, in 
particular Article 50, equip the judicial authorit y with the power to order prompt and effective 
provisional measures to:  
(a) Prevent an infringement of any IP right fro m occurring and entering into the channels 
of commerce. (Preventive Injunction) 
(b) Preserve relevant evidence in regard  to the alleged infringement.  ( Anton Piller  
Order ) 
 The preventive injunction under Article 50(1)(a) has been implemented for the first time in 
Thailand in section 116 of the Trademark Act 1991, section 77 bis of the Patent Act (second 
amendment) 1992 and section 65 of the Copyright Act 1994.  This is seen as a novelty in Thai 
procedural law because contrary to the provisions on provisional measures pr ior to judgment under 
the Civil Procedural Code, preventive injunction under the IP legislation can be requested prior to the 
filing of a statement of claim or the prosecution.   IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 19 
 
 
  The implementing legislations must be used in  conjunction with Rules 12-19 of the Rules for 
Intellectual Property and International Trade Cases.   Art. 50(1)(b) of the TRIPS Agreement  is implemented in Thailand by section 29 of the Act 
for the Establishment of and Procedure for Intell ectual Property and International Trade Court 1996 
and Rules 20-22 Rules for Intellectual Property and International Trade Cases.   The above procedure has become generic for intellectual property protection in Thailand. 
 61. Please identify the competent authorities in  your jurisdiction who receive requests from 
the right holder for an application to suspe nd the release of counterfeit goods by the customs 
authorities. 
 The Customs Department, Ministry of Finance. 
 62. Please indicate whether or not procedures  are available to suspend the exporting of 
counterfeit goods. 
 Yes, they are.  Customs Department General Or der No 2/2531, Notification of the Ministry of 
Commerce on Exports and Imports No. 94 and Notifica tion of the Ministry of Commerce on Exports 
and Imports No. 95 provide provisions to suspend the exporting of counterfeit goods. 
 63. Please explain how your legislation implem ents Article 61 of the TRIPS Agreement. 
 Gravity of punishment and deterrent effec t: In copyright infringement for commercial 
purposes the punishment is imprisonment for a term of  6 months up to 4 years or a fine from 100,000 
– 800,000 baht or both (section 69 para. 2 Copyri ght Act 1994).  In trademark counterfeiting, the 
punishment is imprisonment for a term not exceeding 4 years or a fine not exceeding 400,000 baht or 
both (section 108 Trademark Act 1991).  In patent infr ingement, the punishment is imprisonment for a 
term not exceeding 2 years or a fine not exceeding 400,000 baht or both (secti on 85 Patent Act 1979).  
The Protection for Layout-Designs of Integrated Circuits Act, though not  imposing imprisonment 
term, carries a fine not exceeding 500,000 baht.  The Geographical Indication Bill and the Trade 
Secret Bill also carry criminal liabilities in case of infringement.  
 According to the philosophy of equating copyright infringement to theft, if one looks at the 
Thai Criminal Code, theft is punishable with impr isonment for a term not exceeding 3 years and a fine 
not exceeding 6,000 baht (section 334 Criminal Code of Thailand).  Copyright infringement with the 
maximum penalty of 4 year imprisonment and a fi ne not exceeding 800,000 baht is much more 
serious than theft. This is truly exceeding any e xpectation of Article 61 of the TRIPS Agreement. 
 
 
V. RESPONSES TO QUESTIONS POSED BY JAPAN 
A. C
OPYRIGHT AND RELATED RIGHTS  
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in 
Articles 3 and 4 of the TRIPS Agreement. 
 Thai copyright law confers protection on Thai  people and foreigners to the same extent, 
i.e. without discrimination (please see section 61).  IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 20 
 
 
 B. T
RADEMARKS  
2. Regarding "well-known trademarks", plea se explain how legislation of your country 
implements Article 16.2 and 16.3 of the TRIPS Agreement, which Article 6 bis of the Paris 
Convention shall apply, mutadis mutandis, to .  Please cite the relevant provisions of your 
country's law. 
 Section 8(10) of the Trademark Act B.E. 2534 as amended by the Trademark Act B.E. 2543 
provides that a mark, which is identical with a well-known mark, whether registered or not, as 
prescribed by the Ministerial Notifications, or so si milar thereto that the public might be confused as 
to the owner or origin of the goods shall not be registered. 
 
C. PATENTS  
3. Does legislation of your country grant patent protection for inventions relating to 
products and processes in all fields of technolo gy?  Are there any exceptions?  If so, please 
explain what these exceptions are and how th ey comply with Article 27 of the TRIPS 
Agreement. 
 Yes, Thai patent law grants protection to pro ducts and processes in all fields of technology.  
However, there are some exceptions which are lis ted in section 9 of the Patent Act B.E. 2522 as 
amended by the Patent Act (No. 2) B.E. 2535.  Th e detail of exceptions can be found in section 9 of 
the Patent Act B.E. 2522 as amended by  the Patent Act (No. 2) B.E. 2535. 
 4. Does legislation of your country grant a co mpulsory license subject to all the conditions 
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of your country's law. 
 Yes, the relevant provisions of Thai patent  law are section 46, 51 and 52 of the Patent 
Act (No. 3) B.E. 2542. 
 
D. P
ROTECTION OF UNDISCLOSED INFORMATION  
5. Please explain how legislation of your country provides for the protection of 
"Undisclosed Information" as required by Ar ticle 39.1 and 39.2 of the TRIPS Agreement.  
Please explain in detail and please cite the relevant provisions of your country's law. 
Undisclosed Information is protected under section 322-325 of the Criminal Code and 
section 420 of the Civil and Commercial Code.  A dditional protection for undisclosed information 
that is qualified as "trade secret" is protected under the Trade Secret Bill. 
  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 21 
 
 
 6. If your legislation ensures that undisclosed test or other data submitted by an applicant 
to the responsible State agency in the procedu re for market authorization of a pharmaceutical 
or an agricultural chemical product is protected against disclosure and against unfair 
commercial use by a competitor, for example by prohibiting a second applicant for a similar 
product from relying on original data of the fi rst applicant, when applying subsequently for 
market authorization for a similar product, please  explain it in detail. Does legislation in your 
country provide for exception to this?  Does legi slation of your country set a specific term of 
protection by the responsible State agency for undi sclosed test or other data of the first 
applicant?  If yes, please explain such specific term in detail, citing the relevant provisions of 
law. 
 The registration of drugs come under the respons ibility of the Food and Drug Administration.  
The purpose is to control standard, quality, efficiency and safety of drug usage under the Drug Act.   Section 15 of the Trade Secret Bill ensures that  the responsible State agency has the duty to 
prevent undisclosed test or other data from disclos ure, taking, or unfair commercial use.  The manner 
to which protection is given will be specified in the Ministerial Regulations.  Regarding exceptions, 
they are stated in section 7(2) of the Trade Secret  Bill, which principally provides that any of the 
following acts by the responsible State agency in respect of trade secret protection shall not be 
regarded as an infringement of trade secret rights:  
(a) in the case of necessity to protect health or public safety or 
(b) in the case of necessity for other public interests, which have no commercial benefit. 
In this case, it is required that the responsib le State agency must take any procedures 
for protecting trade secret thereo f from unfair commercial use. 
 Yes, the details will be specified in Ministerial Regulations. 
 
E. E
NFORCEMENT  
7. Please indicate the remedies which the j udicial authorities order regarding each 
intellectual property rights provided in the TRIP S Agreement, including injunctions, damages, 
expenses, destruction or disposal of infringing goods, materials or implements for their protection.  Please explain the criteria and the way of calculation to decide the amount of the 
damages which judicial authorities order to  the infringer to pay the right holder. 
 Remedies for infringement of intellectual property rights in Thailand could be civil as well as 
criminal.  Infringement of intellectual property right s, including copyright, trademark and patent, is 
criminal in nature.  Right owners can resort to th e police and conduct a raid as for any other criminal 
activities; or he may bring a civil action in the court of justice for an injunction and damages. 
 
 If criminal procedure is preferred, the right owner may file a complaint with the police, who 
will then request a search warrant from the Centra l Intellectual Property and International Trade 
Court, the specialized court with exclusive jurisd iction throughout the country.  If there is sufficient 
evidence to warrant a prosecution, a public prosecu tor from the Attorney-General Office will take 
charge and prosecute the offence.  Right owners may join as the co-prosecuto r in the case started by 
the public prosecutor.  Private prosecution is rare but possible, mostly in cases where the police and 
the public prosecutor find that th e evidence is insufficient to bring a conviction but obviously, the 
right owner thinks otherwise.  IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 22 
 
 
  Since the establishment of the Central Intellectua l Property and International Trade Court, the 
law in Thailand encourages the right owner to resort to civil remedies in line with most industrialized 
nations.  If the civil remedy is resort to, the right  owner may file an application with the court for 
injunction and request for an order to enter the premises of the alleged wrong doer to seize for 
evidence.  The application is heard ex parte  and in camera .  In most cases, the application will be 
granted on the same day as filed. Right owners ha ve to bear the costs of legal representation.  
Damages have to be proved by the plaintiff.  M easure for damages is to compensate for the loss of 
benefit accrued to the right owner and expenses fo r enforcement plus appropriate attorney fees. 
 
 Criminal enforcement has the advantage of using state facilities to enforce intellectual 
property rights.  However, since TRIPS in its preamb le prescribes intellectual property right as private 
right.  One hope to encourage more right owner to  use civil remedy, which has its own advantages 
e.g. lower standard of proof, control over the proceedings and damages.  Criminal procedure 
entertains the application for confiscation and dest ruction of counterfeit and infringing goods.  Civil 
action on the other hand, may resort to the principle of unjust enrichment to achieve a similar result. 
No test cases have yet been tried on the civil side.   At present, more than 95% of the cases for infringement of intellectual property rights are criminal cases.  Right owners choose to join the pr osecution in a criminal case rather than bringing a 
private prosecution or file a civil action.  An ar ea one has to work more on the legal profession to 
familiarize it with civil remedy, particularly those prescribed in TRIPS and implemented in the Rules 
of Procedure of the Intellectual Pr operty and International Trade Court.  
 
8. Please explain the kind and amounts of criminal penalties including implement and fines 
regarding intellectual property rights, citing the relevant provisions of your country's law.  In 
particular, are the crimes persecuted only wh en the injured party has made a formal 
complaint?  Please explain whether penalties are consistent with Article 61 of the TRIPS 
Agreement, which requires provisions for a sufficient deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. 
 In accordance with the Continen tal criminal procedural law, in Thailand there is a kind of 
offence called compoundable offence.  It means that if the injured party, after say receiving sufficient 
compensation from the wrong doer, decides to stop the criminal proceedings, he can do so by 
withdrawing the complaint.  The criminal action will cease at that stage.  Thus in compoundable offences, the criminal action will have to start w ith a complaint to the competent authority by the 
injured party.  Copyright infringement is a compoundable offence.  Thus, a criminal action for copyright infringement must start with a comp laint lodged to the police by the right owner. 
Trademark and patent infringement, on the other hand, is not a compoundable offence.  Thus in 
trademark and patent infringement cases, the police can  instigate an arrest without complaint from the 
right owner.   Gravity of punishment: In copyright infringeme nt for commercial purposes the punishment is 
imprisonment for a term of 6 months up to 4 year s or a fine from 100,000 – 800,000 baht or both 
(section 69 para. 2 Copyright Act 1994).  In trademark counterfeiting, the punishment is 
imprisonment for a term not exceeding 4 years or  a fine not exceeding 400,000 baht or both 
(section 108 Trademark Act 1991).  In patent infring ement, the punishment is imprisonment for a 
term not exceeding 2 years or a fine not exceeding 400,000 baht or both (section 85 Patent Act 1979). 
 
 According to the philosophy of equating copyright infringement to theft, if one looks at the 
Thai Criminal Code, theft is punishable with impr isonment for a term not exceeding 3 years and a fine 
not exceeding 6,000 baht (section 334 Criminal Code of Thailand).  Copyright infringement with the  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 23 
 
 
 maximum penalty of 4 year imprisonment and a fi ne not exceeding 800,000 baht is much more 
serious than theft.  This is truly exceedi ng any expectation of the TRIPS Agreement. 
 
9. Please indicate titles of laws and regulations and their provisions in which the 
suspension of the release of counterfeit trademar k or pirated copyright goods is prescribed, as 
stipulated in Article 51 of the TRIPS Agreement. 
 Customs Department General Order No. 2/2531, Notification of the Ministry of Commerce 
on Exports and Imports No. 94 and Notification of the Ministry of Commerce on Exports and Imports 
No. 95.  These instruments are being reviewed a nd updated.  The English version of the revised 
provisions will be submitted in due course. 
  
VI. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. P
ATENTS  
1. Does your legislation grant patent protectio n for inventions relating to products and 
processes in all fields of technology?  Please indi cate details regarding the protection for micro-
organisms and non-biological and microbiological processes.  Are there any exceptions?  If so, 
please explain what these exceptions are and ho w they comply with Article 27 of the TRIPS 
Agreement.  How are plant varieties protected in your law? 
 Yes, it does.  Regarding the protection of micro-organisms, the discovery of naturally 
occurring micro-organisms is not classified as an inve ntion.  Therefore, the micro-organisms per se 
cannot be protected.  For other kinds of micro-or ganisms, such as human-invented micro-organisms 
or modified micro-organisms, and non-biological or microbiological processes may be protected under the Thai Patent Act if they meet the patentability requirements.  
 There is a list of unpatentable inventions provi ded in Article 9 of the Thai Patent Act which 
we consider that it has fully complied w ith Article 27 of the TRIPS Agreement. 
  Plant varieties are protected under the ne w Plant Variety Protection Act B.E. 2542 
(A.D. 1999).  2. Does your legislation, in accordance with Ar ticle 27.1 in combination with Article 31 of 
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude 
compulsory licensing, if a product is being imported)? 
 Yes, it is stated in Article 36 of the Thai Patent Act that "importation" is one of the rights 
conferred on to the patent owner.  In this regard, if the patent owner exercises his rights in a good 
manner and does not misuse the patent, it is not po ssible to apply for a compulsory license (according 
to Article 46 of the Thai Patent Act).  
3. Does your legislation make the granting of a compulsory license subject to all the 
conditions enumerated in Art. 31 TRIPS Agreement?  Please cite the relevant provisions of law. 
 Yes, it does.  Please see Part V (section 45 to 52 ) of the Patent Act B. E. 2522, last amended 
by the Patent Act (No. 3) B.E. 2542 (A.D. 1999), which has already been notified to the WTO. 
 IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 24 
 
 
 4. Please indicate the term of protection gran ted to patents according to your law.  Does 
this term of protection apply to inve ntions in all fields of technology? 
 Patents can be granted to inventions in all fiel ds of technology for the period of twenty years. 
 5. Does your legislation provide for the principle of the reversal of burden of proof in a process patent litigation?  Please cite the relevant provisions of law. 
 Yes, it does.  This is provided in Article 77 of the Thai Patent Act. 
 B. P
ROTECTION OF UNDISCLOSED INFORMATION  
6. Please explain in detail if your legislation ensures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market authorization of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market auth orization for a similar product.  Does your 
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions 
apply?  Does your legislation set a specific term of  protection for undisclosed test or other data 
of the first applicant? 
 The registration of drugs comes under the responsibility of the Food and Drug 
Administration.  The purpose is to control standard, quality, efficiency and safety of drug usage under 
the Drug Act B.E. 2510 (A.D. 1967).  In practice, in formation and relevant data that have been 
submitted by the applicant in the course of applying for registration of drugs will be kept secret by the 
Food and Drugs Administration.  This is consider ed to have complied with the TRIPS Agreement. 
However, TRIPS does not require the Member countries to provide a data exclusivity kind of protection in the registration of drugs by the firs t applicant.  Moreover, the Thai Drug Act does not 
contain such a provision.  Furthermore, most of the Member countries of the WTO do not provide 
legal protection for data exclusivity.   Section 15 of the Trade Secret Bill ensures that  the responsible State agency has the duty to 
prevent undisclosed test or other data from disclos ure, taking, or unfair commercial use.  The manner 
to which protection is given will be sp ecified in the Ministerial Regulations. 
 
Follow-up question
3: 
 
 Referring to the issue of unfair commercial us e of data submitted by an applicant to the 
responsible State Agency in the procedure for market authorisation of a pharmaceutical or of 
an agricultural chemical product, please spec ify whether the responsible State Agency will 
require the same amount of data from a second applicant requesting market authorisation for a 
similar or identical product as from the first applicant.  
 
 Pursuant to the question posed by Sw itzerland (document No. IP/C/W/378 dated 
12 September  2002), asking Thailand whether the r esponsible State Agency will require the same 
amount of data from a second applicant requesting mark eting authorization for a similar or identical 
product as from the first applicant, we have the ple asure to inform you that the responsible State 
                                                      
3 The response to this question, which was posed after the completion of th e review of Thailand's 
implementing legislation at the Council's meeting on 25-27 June 2002, was circulated in document 
IP/C/W/319/Add.2.  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 25 
 
 
 Agency will determine whether the same amount of data required on a case by case basis subject to 
the content of the applicant.  We would appreciat e it if you could kindly bring our response to the 
attention of the TRIPS Council.  
C. E
NFORCEMENT  
7. Please indicate remedies provided by your  legislation, which constitute effective 
deterrents to infringements of intellectual property rights. 
 Remedies for infringement of intellectual property rights in Thailand could be civil as well as 
criminal.  Infringement of intellectual property right s, including copyright, trademark and patent, is 
criminal in nature.  Right owners can resort to th e police and conduct a raid as for any other criminal 
activities; or he may bring a civil action in the court of justice for an injunction and damages. 
  If criminal procedure is preferred, the right owner may file a complaint with the police, who 
will then request a search warrant from the Centra l Intellectual Property and International Trade 
Court, the specialized court with exclusive jurisd iction throughout the country.  If there is sufficient 
evidence to warrant a prosecution, a public prosecu tor from the Attorney-General Office will take 
charge and prosecute the offence.  Right owners may join as the co-prosecuto r in the case started by 
the public prosecutor. Private prosecution is rare but possible, mostly in cases where the police and 
the public prosecutor find that th e evidence is insufficient to bring a conviction but obviously, the 
right owner thinks otherwise. 
 
 Since the establishment of the Central Intellectua l Property and International Trade Court, the 
law in Thailand encourages the right owner to resort to civil remedies in line with most industrialized 
nations.  If the civil remedy is resort to, the right  owner may file an application with the court for 
injunction and request for an order to enter the premises of the alleged wrong doer to seize for 
evidence.  The application is heard ex parte  and in camera .  In most cases, the application will be 
granted on the same day as filed.  Right owners ha ve to bear the costs of legal representation. 
Damages have to be proved by the plaintiff.  M easure for damages is to compensate for the loss of 
benefit accrued to the right owner and expenses fo r enforcement plus appropriate attorney fees. 
  At present, more than 95% of the cases for infringement of intellectual property rights are 
criminal cases.  Right owners choose to join the pr osecution in a criminal case rather than bringing a 
private prosecution or file a civil action.  An ar ea one has to work more on the legal profession to 
familiarize it with civil remedy, particularly those prescribed in TRIPS and implemented in the Rules 
of Procedure of the Intellectual Pr operty and International Trade Court.  
 
 Gravity of punishment and deterrent effec t: In copyright infringement for commercial 
purposes the punishment is imprisonment for a term of  6 months up to 4 years or a fine from 100,000 
– 800,000 baht or both (section 69 para. 2 Copyri ght Act 1994).  In trademark counterfeiting, the 
punishment is imprisonment for a term not exceeding 4 years or a fine not exceeding 400,000 baht or 
both (section 108 Trademark Act 1991).  In patent infr ingement, the punishment is imprisonment for a 
term not exceeding 2 years or a fine not exceeding 400,000 baht or both (section 85 Patent Act 1979). 
 
 According to the philosophy of equating copyright infringement to theft, if one looks at the Thai Criminal Code, theft is punishable with impr isonment for a term not exceeding 3 years and a fine 
not exceeding 6,000 baht (section 334 Criminal Code of Thailand).  Copyright infringement with the 
maximum penalty of 4 year imprisonment and a fi ne not exceeding 800,000 baht is much more 
serious than theft.  This is truly exceedi ng any expectation of the TRIPS Agreement. 
 IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 26 
 
 
 8. Please describe any new initiatives that are planned to improve enforcement of 
intellectual property rights in your country, pa rticularly initiatives related to criminal 
enforcement. 
 Criminal enforcement has the advantage of using state facilities to enforce intellectual 
property rights.  However, since TRIPS in its pr eamble prescribes intellectual property rights as 
private rights.  One hopes to encourage more right  owners to use civil remedy, which has its own 
advantages e.g. the lower standard of proof on the balance of probabilities as against beyond 
reasonable doubt in criminal cases, control over the proceedings and damages.  The criminal 
procedure entertains the application for confisca tion and destruction of counterfeit and infringing 
goods.  Civil action on the other hand, may resort to the principle of unjust enrichment to achieve a 
similar result.  No test case has yet been tried on the civil side.  At the moment, the Central 
Intellectual Property and International Trade Court is promoting its Rules of Procedure which are 
TRIPS compliant to persuade intellectual property ri ght owners to bring private prosecution and civil 
action as alternative to public prosecution.  It is  an initiative to bring intellectual property right 
protection in line with TRIPS and i ndustrialized countries.  Right owners  need to work harder on right 
protection.  Private legal practice on IPRs must be encouraged.  Right owners too have the burden to 
help improve intellectual property right protection.   
VII. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES 
A. G
ENERAL  
1. Please describe, in relation to each form of  intellectual property covered by the TRIPS 
Agreement, including plant variety protection, the manner in which national treatment and 
most favoured treatment are provided to nationals of other WTO Members. 
 Every form of our intellectual property protecti on does give the same treatment to nationals of 
the WTO Members as our national.  The manner for which the treatment is provided is described in 
our intellectual property law already notified to the WTO.  B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please explain whether and how the copyrigh t law of Thailand complies with Article 9 of 
the TRIPS Agreement requiring that Members co mply with all Articles 1 through 21 of the 
Berne Convention (1971), except Article 6 bis, since Members do not have rights or obligations 
relating to the latter Article under the TRIPS Agreement. 
 To comply with Article 9 of the TRIPS Ag reement, the Thai Government enacted new 
copyright law in 1994 to replace the previous one whic h was insufficient to comply with Article 9.  It 
is submitted that the Copyright Act B.E. 2537 (A.D.1994) has implemented all of the Articles 1 
through 21 of the Berne Convention (1971). 
 
3. Please explain how the copyright law of Thailand protects computer programs as 
literary works and complications of data as required by Article 10 of the TRIPS Agreement. 
 Our copyright law defines literary works to  include computer programs (section 4) and 
extends protection to compilation of data, the selectio n or arrangement of whic h is not an imitation of 
work of another person (section 12). 
  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 27 
 
 
 4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs 
and cinematographic works be available.  Please cite to the corresponding provision of the 
copyright law of Thailand. 
 Section 15(3) of the Copyright Act B.E. 2537 (A.D.1994) confers such a rental right on the 
owner of copyright  in a computer program, audi o-visual work, cinematographic work and sound 
recording.  
5. Please state the length and terms of prot ection the copyright law of Thailand provides 
for a work other than a photographic work or a work of applied art and cite to the relevant 
provision of law. 
 For general works of authorship, section 19 of our copyright law provides that copyright 
subsists for the life of the author and continues to subsist for fifty years after the death of the author. 
  For audio-visual work, cinematographic work, sound recording and audio and video 
broadcasting work, section 21 provides that copyright subsists for fifty years upon creation of works; 
provided that if the work is published during such period, copyright lasts for fifty years as from the first publication.  
6. Please describe the protection the copyrigh t law of Thailand provides for performers, 
and the term of protection. 
 Section 44 of the 1993 Act gives the performer the following exclusive rights with respect to 
the acts concerning his performance:  
(a) sound and video broadcasting or communica tion to public of the performance except 
the sound and video broadcasting or communication to public from a recording 
material which has been recorded; 
(b) recording the performance whic h has not been recorded; 
(c) reproducing the recording material of th e performance which h as been recorded 
without the consent of the performer or th e recording material of the performance 
with the consent of the performer but for a nother purpose or the recording material of 
the performance which falls within the excep tions of the infringement of performer's 
rights by virtue of Section 53. 
 Section 45 provides that any person who dir ectly uses a sound recording of a performance, 
which has been published for commercial purpo ses or the copies thereof in a broadcast or 
communication to public, is bound to pay an equitable remuneration to the performer. 
 
 Section 49 provides that the performer's rights l asts for fifty years as from the last day of the 
calendar year in which the performance takes place.   In case the performance is recorded, the 
performer's rights lasts for fifty years as from the last  day of the calendar year in which the recording 
of the performance takes place.  IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 28 
 
 
 7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the public of originals or copies of their phonograms.  Please 
describe how the copyright law of Thailand implem ents these obligations and indicate the term 
of protection. 
 We use the term "sound recording" instead of "phonograms".  Its producer enjoys the right to 
authorize or prohibit reproduction and commercial re ntal by virtue of section 15 and 28 of the 1994 
Act.  The term of protection is fifty year from the date in which it was produced. 
 
C. T
RADEMARKS  
8. Please describe the subject matter that can comprise a trademark under the trademark 
law of Thailand. 
 "Trademark" means a mark used or proposed to be used on or in connection with goods to 
distinguish the goods with which the trademark of  the owner of such trademark issued from goods 
under another person's trademark.  And "mark" in turn means photograph, drawing, device, brand, 
name, word, letter, numeral, signature, combinations of  colours, shape or configuration of an object or 
any one or combination thereof.  
9. Please describe the procedure that must be followed to register a trademark in 
Thailand, citing the relevant provisions of the la w, and describe the rights that the owner of a 
registered mark can exercise. 
 The registration procedure is described in  Chapter I of the Trademark Act B.E. 2534 as 
amended by the Trademark Act (No. 2) B.E. 2543 (A .D.2000) which has already been notified to the 
WTO.  The rights of the registered-mark owne r are described in Part 5 of Chapter I. 
 
10. Please provide the length and terms of protection that the trademark law of Thailand 
provides for a trademark. 
 The term of protection is ten years from the date  of registration and is renewable indefinitely. 
 D. G
EOGRAPHICAL INDICATIONS  
11. Please describe in detail how the laws of  Thailand provide for the recognition and 
protection of geographical indications required by  Article 22.2 of the TRIPS Agreement, citing 
to the relevant provisions of law or regulat ion, and provide  examples of geographical 
indications so protected. 
 Geographical indications in Thailand are protect ed by various means, i.e. through section 22 
and 30 of the Consumer Protection Act B.E. 2522 (A.D.1979) and section 271 of the Penal Code.  The 
sui generis Protection of Geographical Indications B ill is also being considered by the Parliament.  
This Bill will support the existing protection.   IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 29 
 
 
 12. Please describe in detail the manner in which the higher level of protection required for 
wines and spirits under Article 23.2 of the TRI PS Agreement is implemented, citing to the 
relevant provisions of law or regulation, and provide examples of geographical indications for such products. 
 Section 25 of the Protection of Geographical Indications Bill mirrors the special protection 
under Article 23.2.  E. I
NDUSTRIAL DESIGNS  
13. Please describe the procedure that must be  followed to obtain protection for  industrial 
designs, citing to the provisions of the law of Thailand, and describe the nature of the protection 
provided. 
 The procedure is described in Chapter III of th e Patent Act B.E. 2522, as last amended by the 
Patent Act (No. 3) B.E. 2542 (A.D.1999), which has been notified to the WTO.  The industrial 
designs is, in principle, protected under patent law.  The said patent protection includes a new design 
of handicrafts. 
 
14. Please describe the procedure that must be followed to obtain protection for textile 
designs and cite to the relevant provisions of law or regulation. 
 As the textile design can be protected under pa tent law as mentioned above, the procedure in 
obtaining the protection is the same as that for indus trial designs.  It may also be noted that textile 
designs can be protected under copyright law.  This does not involve any procedure in obtaining 
protection.  F. P
ATENTS  
15. Please describe in detail the way in which the patent law of Thailand implements 
Article 27 of the TRIPS Agreement, indicating  any exceptions provided for, and including 
details regarding the protection for micro-or ganisms and non-biological and microbiological 
processes and plant varieties.  Please cite to the relevant provisions of the law. 
 Thai patent law grants protection to products  and processes in all fields of technology. 
However, there are some exceptions which are lis ted in section 9 of the Patent Act B.E. 2522 as 
amended by the Patent Act (No. 2) B.E. 2535.  The detail of excep tions can be found in section 9 of 
the Patent Act B.E. 2522 as amended by  the Patent Act (No. 2) B.E. 2535. 
 
16. Please describe in detail the rights provi ded patent holders under the patent law of 
Thailand and cite to the relevant provisions of law. 
 The rights of patent holders are provided in Part  III of Chapter II of the Patent Act B.E. 2522, 
as last amended by the Patent Act (No. 3) B.E.  2542 (A.D.1999), which has been notified to the 
WTO.  
17. Please describe in detail any provisions in the laws of Thailand permitting unauthorized 
use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use can occur. 
 The detail can be found in section 36 of the Pa tent Act B.E. 2522, as last amended by the 
Patent Act (No. 3) B.E. 2542 (A.D.1999), which has been notified to the WTO. IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 30 
 
 
 18. What term of protection does the patent law of Thailand provide for patents?  Please 
describe any provisions for extension of the term of protection and cite to the relevant provisions of the law. 
 Section 35 of the Patent Act B.E. 2522, as amended by the Patent Act (No. 2) B.E. 2535 
(A.D. 1992) and the Patent Act (No. 3) B.E. 2542 (A .D.1999), provides that an invention patent shall 
have a term of twenty years from the date of filing of the application in the country.  G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
19. Please describe in detail the protection for layout-designs of integrated circuits provided 
under the laws of Thailand, including the term of  protection, and cite to the relevant provisions 
of law. 
 The protection of layout-designs or topographies of integrated circuits under the Protection of 
Topographies of Integrated Circuits Act B.E. 2543 (A.D.2000) embraces layout-designs, mask works 
and integrated circuits incorporating the protected  layout-designs.  The protection is also extended to 
products in which such integrated circuit is incorpor ated.  The term of protection is ten years as from 
the date of filing the application for registration un der 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 19).  H. P
ROTECTION OF UNDISCLOSED INFORMATION  
20. Please describe in detail how the laws of Thailand provide for the protection of 
undisclosed information as required by Articl e 39.2 of the TRIPS Agreement and provide 
citations to the relevant provisions of law. 
 Undisclosed information is protected under section 322-325 of the Criminal Code and 
section 420 of the Civil and Commercial Code.  A dditional protection for undisclosed information 
that is qualified as "trade secret" is protected under the Trade Secret Bill. 
 
21. Please describe in detail the manner in whic h protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in Thailand and cite to the relevant provisions of law. 
 The protection is given by section 15 of the Trade Secret Bill.  The manner in which 
protection is given will be specified in the ministerial Regulations. 
 
22. Are other applications for marketing appr oval for their own versions of a previously 
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted 
by the earlier applicant?  If so, how long a peri od of exclusivity is given the earlier applicant 
before such reliance becomes possible. 
 The registration of drugs comes under the responsibility of the Food and Drug 
Administration.  The purpose is to control standard, quality, efficiency and safety of drug usage under the Drug Act B.E. 2510 (A.D. 1967).  In practice, in formation and relevant data that have been 
submitted by the applicant in the course of applying for registration of drugs will be kept secret by the 
Food and Drugs Administration.  This is consider ed to have complied with the TRIPS Agreement. 
However, TRIPS does not require the Member countries to provide a data exclusivity kind of 
protection in the registration of drugs by the firs t applicant.  Moreover, the Thai Drug Act does not  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 31 
 
 
 contain such a provision.  Furthermore, most of the Member countries of the WTO do not provide 
legal protection for data exclusivity.   Section 15 of the Trade Secret Bill ensures that  the responsible State agency has the duty to 
prevent undisclosed test or other data from disclos ure, taking, or unfair commercial use.  The manner 
to which protection is given will be sp ecified in the Ministerial Regulations. 
 I. E
NFORCEMENT  
23. Please describe in detail the manner in whic h the laws of Thailand provide for effective 
action against infringement of intellectual proper ty rights as required by Article 41.1 of the 
TRIPS Agreement. 
 Remedies for infringement of intellectual property rights in Thailand could be civil as well as 
criminal.  Infringement of intellectual property right s, including copyright, trademark and patent, is 
criminal in nature.  Right owners can resort to th e police and conduct a raid as for any other criminal 
activities; or he may bring a civil action in the court of justice for an injunction and damages. 
  If criminal procedure is preferred, the right owner may file a complaint with the police, who 
will then request a search warrant from the Centra l Intellectual Property and International Trade 
Court, the specialized court with exclusive jurisd iction throughout the country.  If there is sufficient 
evidence to warrant a prosecution, a public prosecu tor from the Attorney-General Office will take 
charge and prosecute the offence.  Right owners may join as co-prosecutor in  the case started by the 
public prosecutor.  Private prosecution is rare but  possible, mostly in cases where the police and the 
public prosecutor find that the evidence is insuffi cient to bring a conviction but obviously, the right 
owner thinks otherwise.  
 Since the establishment of the Central Intellectua l Property and International Trade Court, the 
law in Thailand encourages the right owner to resort to civil remedies in line with most industrialized 
nations.  If the civil remedy is resort to, the right  owner may file an application with the court for 
injunction and request for an order to enter the premises of the alleged wrong doer to seize for evidence.  The application is heard ex parte  and in camera .  In most cases, the application will be 
granted on the same day as filed.  Right owners ha ve to bear the costs of legal representation.  
Damages have to be proved by the plaintiff.  M easure for damages is to compensate for the loss of 
benefit accrued to the right owner and expenses fo r enforcement plus appropriate attorney fees. 
  At present, more than 95% of the cases for infringement of intellectual property rights are criminal cases.  Right owner choose to join the pr osecution in a criminal case rather than bringing a 
private prosecution or file a civil action.  This is an area one has to work more on the legal profession 
to familiarize it with civil remedy, particularly those prescribed in TRIPS and implemented in the 
Rules of Procedure of the Intellectual Property and International Trade Court. 
 
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate  a party's claims where that party has been 
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or 
regulations of Thailand provide this authorization, citing to the relevant provisions of law or regulation. 
 Sections 28 and 29 of the Act for the Estab lishment of and Procedure for the Intellectual 
Property and International Trade Court provide for the motion by the applicant for the production of 
evidence in the procession of the other or a third part y.  The application of sections 28 and 29 must be 
supplemented by the Rules for Intellectual Property and International Trade Cases, Rules 20-22.  The IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 32 
 
 
 proceedings will be conducted in camera to safeguard confidential information.  Security for damages 
is expected to safeguard against an abuse.  
25. Please describe in detail the all of the civil remedies that are available to right holders 
under the laws of Thailand, citing to the relevant provisions of law or regulation. 
 If civil remedy is resorted to , the right owner may file an application with the court for an 
injunction and request an order to enter the premis e of the alleged wrong doer to seize the relevant 
evidence.  The motion for an injunction could be file d prior to the filing of the Statement of Claim. 
The motion for an injunction is heard ex parte  and could be in camera,  if requested.  Normally the 
order will be given on the same day.  Security for damages is required.  Consideration will be given 
on the balance of hardship between the parties.  Th e injunction will have an im mediate effect and last 
for 15 days.  The applicant must file an action duri ng that period to renew the injunctive relief.  See 
details in section 65 of the Copyright Act 199 4, section 116 of the Trademark Act 1991, section 77 bis 
of the Patent Act 1979 and Rules 12-19 of the Rules for Intellectual Property and International Trade 
Cases. 
  Damages have to be proved by the plaintiff.  Measure for damages is  to compensate for the 
loss of benefit accrued to the right owner and expenses  for enforcement plus appropriate attorney fees. 
Gravity of the act and its consequences will also be ta ken into consideration.  See details in section 64 
of the Copyright Act 1994 and section 438 of the Civil and Commercial Code. 
 
26. Please describe in detail the provisional  procedures and remedies available to right 
holders under the laws of Thailand, citing to the relevant provisions of law and regulation, and 
indicate any condition under which a right holder may avail itself of those procedures and remedies. 
 Since the remedies can be both civil and criminal, provisional procedure and remedy can 
apply both to civil and criminal cases.  This is a unique Thai system.  When an offence or 
infringement is committed or is about to be commi tted, the right owner may file a motion for an 
injunction with the court to stop the infringement or prospective infringement.  The motion is heard and granted or dismissed within the same day.  A dismissal of the motion is final but the applicant could file a fresh motion on fresh evidence.  The hearing is ex parte  and in camera  upon request. A 
civil action or a private prosecution must be brought  within 15 days otherwise the injunction will 
cease to have effect.  See details in section 65 of the Copyright Act 1994, section 116 of the 
Trademark Act 1991, section 77 bis of the Patent Act 1979 and Rules 12-19 of the Rules for 
Intellectual Property and International Trade Cases.  
 A motion for the preservation of relevant eviden ce in regard to the alleged infringement can 
also be filed under section 29 of the Act for the Es tablishment of and Procedure for the Intellectual 
Property and International Trade Court and its ensuing Rules for Intellectual Property and International Trade Cases, Rules 20-22. Some considerations shall apply here: 
 
- An undertaking, normally supported by secu rity for damages, by the applicant to 
compensate for any loss caused , should his claim fail; 
- An undertaking not to use the material or information gained for any purpose other 
than the action in which the order is given; 
- An officer of the court must be present in enforcing the order; 
- The applicant is not entitled to use force.  IP/Q/THA/1, IP/Q2/THA/1,  
 IP/Q3/THA/1, IP/Q4/THA/1  Page 33 
 
 
 J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES  
27. Please describe in detail the procedures  under the laws of Thailand that provide for 
border enforcement at least for trademark counter feiting and copyright piracy, identifying the 
competent authority and citing to the relevant provisions of law or regulation. 
 The competent authority is the Thai customs.  They are empowered by the Act on Exportation 
and Importation of Goods to the Kingdom of Th ailand B.E. 2522 (A.D. 1979) and the Customs 
Act B.E. 2496 (1926) to seize the product which is considered as trademark counterfeiting and 
copyright piracy.  28. Please indicate if border enforcement is availa ble to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law. 
 Border enforcement is available only to owne rs of trademark and copyright as defined in 
Article 51 of the TRIPS Agreement. 
 
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the 
competent authorities can act ex officio.  Plea se explain whether the competent authorities in 
Thailand are empowered to act ex officio and, if  so, please identify the intellectual property 
areas subject to ex officio action. 
 The legislation regarding border enforcement does not provide for Custom authority to act 
ex officio. 
 K. C
RIMINAL PROCEDURES  
30. Please describe in detail how the laws of Thailand implement Article 61 of the TRIPS 
Agreement that requires Members to have cri minal procedures and penalties, including 
imprisonment and/or monetary fines sufficient to ac t as a deterrent, at least for cases of wilful 
trademark counterfeiting and copyright infringeme nt on a commercial scale.  Please cite to the 
relevant provisions of law and regulation. 
 Gravity of punishment and deterrent effec t: In copyright infringement for commercial 
purposes the punishment is imprisonment for a term of  6 months up to 4 years or a fine from 100,000 
– 800,000 baht or both (section 69 para. 2 Copyri ght Act 1994).  In trademark counterfeiting, the 
punishment is imprisonment for a term not exceeding 4 years or a fine not exceeding 400,000 baht or 
both (section 108 Trademark Act 1991).  In patent infr ingement, the punishment is imprisonment for a 
term not exceeding 2 years or a fine not exceeding 400,000 baht or both (section 85 Patent Act 1979). 
  According to the philosophy of equating copyright infringement to theft, if one looks at the 
Thai Criminal Code, theft is punishable with impr isonment for a term not exceeding 3 years and a fine 
not exceeding 6,000 baht (section 334 Criminal Code of Thailand).  Copyright infringement with the 
maximum penalty of 4 year imprisonment and a fi ne not exceeding 800,000 baht is much more 
serious than theft.  This is truly exceedi ng any expectation of the TRIPS Agreement. 
 IP/Q/THA/1, IP/Q2/THA/1,  
IP/Q3/THA/1, IP/Q4/THA/1 Page 34 
 
 
 31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture 
and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence.  Please describe the provisions in the laws of 
Thailand that provide for such remedies, a nd describe the circumstances in which those 
remedies would be imposed, citing to the relevant provisions of law or regulation. 
 Section 76 Copyright Act 1997 stipulates th at any infringing goods of copyright whose 
ownership is vested in the defendant shall be vested  with the copyright owner.  Any materials used in 
the commission of the offence shall be confiscated.  For example, the ownership of pirated copies of 
the work shall be transferred to the copyright ow ner whereas the machine u sed to produce the CD, for 
example, will be confiscated.  This will ensure the destruction of pirated works or to put them out of 
the commercial channel.   The relevant provision that provides for the confiscation of counterfeiting goods is 
section 115 Trademark Act 1991. 
 
 However, one can always resort to the genera l provisions of the Criminal Code section 33 for 
the confiscation of goods, used to commit an offe nce, or goods, deriving from the commission of an 
offence.  
32. Article 61 also indicates that Members may provide for criminal procedures and 
penalties in cases of wilful infringement of other forms of intellectual property.  Please describe 
any provisions of the laws of Thailand that provi de for such procedures and remedies, citing to 
the relevant provisions of law or regulation. 
 Besides copyright, trademark and patent legisla tions which provide criminal liabilities.  There 
are criminal liabilities for infringement of the Protection of Integrated Circuit Act 2000 in sections 48-
49.  Criminal liabilities also feature in the Geographical Indication Bill and the Trade Secret Bill. 
 L. S
TATISTICAL QUESTIONS  
33. Please provide statistical information related  to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of cases filed; injunctions issued; infringing 
products seized; infringing equipment seized; cases resolved (including settlement); and the 
amount of damages awarded. 
 The statistics can be found in the web-site of  the Thai Department of Intellectual Property 
(www.ipthailand.org), the Royal Thai police (www .ecid.police.go.th), and the Thai Intellectual 
Property and International Trade Court (www.cipitic .or.th).  However, the Thai Department of 
Intellectual Property reports the statistics to the US Embassy every month. 
 
34. Please provide statistical information relat ed to criminal enforcement in the area of 
copyright piracy and trademark infringement  for 2000, including the number of raids, 
prosecutions, convictions, and the amount of fin es and/or jail terms (including whether the fines 
were paid and whether the jail term was actu ally served or was suspended) and any other 
information establishing that the criminal system operates effectively to deter copyright piracy 
and trademark counterfeiting. 
 Please see the answer to question 33. 
 
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