Thailand’s Intellectual Property (IP) Licensing LawsAAA IPRIGHT5
The term Intellectual Property (IP) refers to inventions of the human creative mind such as , literary and artistic works; inventions; designs; and commercial symbols, names, and pictures. Despite the fact that intellectual property is a tremendous tool for economic development and wealth generation, it is not being utilized to its full potential in all nations. Intellectual property has always played an important role in the globalization of social, economic, and cultural development. Building a robust intellectual property portfolio is one of the most important goals for many modern businesses.
In Thailand, every sort of IP asset can be given a license. Unguarded business, on the other hand, may fall into a variety of idiosyncrasies and traps. Hence, this blog will help and provide a comprehension of Thai licensing law as it applies to trademarks, patent and copyright.
In Thailand, every type of IP asset can be given a license. Unguarded business, on the other hand, may fall into a variety of peculiarities and traps. As a result, this article will provide some information related to Thai licensing legislation as it regards to trademarks, patents, and copyright.
The provisions of the Trademark Act 1991 (Sections 68-79), the Ministerial Regulations, and the general laws of contract under the Civil and Commercial Code govern trademark or service mark license agreements in Thailand. In general, the parties are free to agree on any terms and conditions they see proper, as long as they are not in violation of the law, public order, morals, or government policy.
A license for a registered mark must be in writing and registered with the Thai Trademark Office before it may be enforced under the Thai Trademark Act, 1991. If a licensing agreement authorizes the licensee to sublicense, each subsequent sublicense agreement must be in writing and registered with the Trademark Office. Registration has an obvious benefit for a licensee or sub-licensee since it may be used as a defense in the case of a non-use cancellation action. However, when compared to international norms, the registration process is onerous, and failure to register may result in the license being revoked in some situations.
Following the filing of an application for a registration license, the Registrar will review the conditions to ensure that they are in accordance with the law of the nation. The following details must be provided in order for a license to be registered:
- The terms and conditions of the agreement between the licensor and the licensee should be such that the licensor is able to control the quality of goods manufactured or services rendered by the licensee.
- The goods or services for which the licensed mark is used.
- Whether the licensee will have the exclusive right to use the mark or whether the owner of the mark can grant license to other parties also.
- Other particulars, like, specific term or duration of agreement.
In Thailand, patent license agreements are governed by the Patent Act and the Civil and Commercial Code’s general contract regulations. The agreement must be in writing and filed to the Patent Office, Division of Intellectual Property (DIP). A patent license agreement must be in compliance with the processes, conditions, and requirements provided by the Ministerial Regulations, and it must be registered with the Patent Office, according to Section 41 of the Patent Act, 1999.
Subject to the restrictions codified in the Unfair Contract Terms Act and the sections of Ministerial Regulation, 1999 relating to unfair practices and unfair restraints on competition, as imposed by the Director-General under the Patent Act, the parties are free to set the duration of the agreement as well as the terms and conditions under which either party may terminate the contract. After the patent period has ended, a licensor may not demand a licensee to pay a royalty for using the patented invention.
The Copyright Act of 1994, the Ministerial Regulations of 1997, and the basic norms of contract under the Civil and Commercial Code govern copyright license agreements in Thailand. By default, copyright is based on the creation of an original work, and there is no need to register. When a copyright owner wishes to assign all or part of his copyrighted work for a limited or infinite period of copyright protection, which can range from 25 to 50 years after the author’s death depending on the type of copyright. The copyright assignment must be made in writing and signed by both parties. While an assignment is a transfer of ownership, it is not the proprietary right in the work.
Even though the maximum period for a copyright licensing agreement is the date of expiration of the copyright, which is usually 50 years after the death of the author, or 50 years after the first publication if the work was published posthumously, the parties are free to determine the tenure of the license. According to Articles 1 and 2 of the Ministerial Regulations established under the Copyright Act in 1997, the licensor has the following obligation of not unfairly restricting competition:
- It is not compulsory for the licensee to obtain materials wholly or in part from such supplier who are designated by the copyright owner.
- A licensee is not necessarily required to sell or distribute more than half of the copied products to the patentee or its nominee.
- A licensee is not necessarily bound to limit the quantity of production, sales, or distribution concerning the copied products.
Although it is not required to register copyright or get a copyright license in Thailand, the DIP permits copyright owners to register their work and pertinent information with the DIP’s Copyright Office. This recordation is not definitive evidence of copyright ownership, but it can be presented to a court as evidence in the event of copyright infringement.
– You could visit here to see Procedure of Thailand Trademark Registration.
– You could visit here to check the required documents for filing trademark in Thailand here.
– You could read 06 Frequent Questions About Filing Trademark In Thailand here.
– You could visit here to see Power of Attorney of trademark in Thailand here.
– You could read 07 Legal Notes To Thailand Trademark Law You Need To Know here
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