Types of Intellectual Property in Thailand

In the modern economy, intellectual property (IP) is a critical asset for individuals, businesses, and organizations. In Thailand, IP rights are recognized and protected under a legal framework aligned with international standards. Understanding the different types of intellectual property in Thailand is essential for creators, inventors, entrepreneurs, and companies that want to protect their work, build brand identity, and maintain a competitive advantage.

This guide outlines the major categories of intellectual property recognized in Thailand, the laws governing them, and the benefits of registration.

1. Copyright

Definition:

Copyright protects original literary, artistic, and scientific works. In Thailand, this includes:

• Books and writings

• Music and lyrics

• Films and videos

• Software and computer programs

• Paintings, photographs, sculptures

• Architectural works

Legal Basis:

• Copyright Act B.E. 2537 (1994) and amendments

• Thailand is a signatory to the Berne Convention and TRIPS Agreement

Key Points:

• Copyright is automatically granted upon creation; registration is not required but can serve as evidence in legal disputes.

• Protection lasts for life of the creator plus 50 years.

• In the case of corporate ownership, protection lasts for 50 years from the date of publication.

Benefits:

• Prevents unauthorized use, reproduction, or distribution.

• Enables licensing, royalties, and commercialization.

• Protects software, media content, and artistic expressions.

2. Trademark

Definition:

A trademark is any symbol, name, word, logo, design, or combination used to distinguish goods or services of one entity from another.

In Thailand, trademarks include:

• Words or letters (e.g., brand names)

• Logos and images

• Slogans

• Packaging or container shapes

• Sound marks (if distinctive)

Legal Basis:

• Trademark Act B.E. 2534 (1991) and subsequent amendments

• Administered by the Department of Intellectual Property (DIP) under the Ministry of Commerce

Types of Trademarks:

• Trademark – for goods

• Service mark – for services

• Certification mark – indicates goods or services meet a certified standard

• Collective mark – used by members of an association or group

Registration:

• Required for legal protection

• Valid for 10 years, renewable indefinitely

• Must not be confusingly similar to existing marks and must not be generic, immoral, or misleading

Benefits:

• Grants exclusive rights to use the mark in Thailand

• Builds brand recognition and consumer trust

• Allows legal action against infringers

3. Patent

Definition:

A patent protects new inventions or innovations that offer a novel technical solution. In Thailand, there are two main types of patents:

• Invention Patent – protects new inventions or innovations

• Design Patent – protects the ornamental design of a product

Legal Basis:

• Patent Act B.E. 2522 (1979) and amendments

• Thailand is a member of the Paris Convention and the Patent Cooperation Treaty (PCT)

Requirements for Patentability:

• Novelty – not publicly known anywhere in the world

• Inventive Step – not obvious to someone skilled in the field

• Industrial Applicability – can be used in some kind of industry

Duration:

• Invention patents: 20 years

• Design patents: 10 years

• Petty patents (utility models): 6 years (extendable up to 10 years)

Benefits:

• Exclusive rights to produce, use, or sell the invention in Thailand

• Enhances commercial value and attracts investors

• Supports technological innovation

4. Trade Secrets

Definition:

Trade secrets include confidential business information that provides a competitive edge. This may include:

• Formulas

• Processes

• Business strategies

• Customer lists

• Manufacturing techniques

Legal Basis:

• Trade Secrets Act B.E. 2545 (2002)

Key Points:

• No registration required

• Protection depends on measures taken to keep information secret

• Trade secrets can be transferred or licensed

Benefits:

• Protects competitive business knowledge

• Prevents misappropriation by employees or competitors

• Offers long-term protection (as long as the secret is maintained)

5. Geographical Indications (GIs)

Definition:

A geographical indication is a sign used on products that originate from a specific location and possess qualities, reputation, or characteristics unique to that location.

Examples in Thailand:

• Doi Tung coffee

• Jasmine rice from Surin

• Chiang Mai silk

Legal Basis:

• Geographical Indications Protection Act B.E. 2546 (2003)

Registration:

• Open to individuals, producer groups, and government entities

• GIs can be registered with the Thai Department of Intellectual Property

Benefits:

• Protects and promotes regional products

• Enhances product value and marketing potential

• Prevents misuse or imitation of location-based branding

6. Plant Varieties Protection

Definition:

This protects new plant breeds developed by individuals or research institutions. Rights are given to those who develop a new plant variety that is:

• Distinct

• Uniform

• Stable

Legal Basis:

• Plant Varieties Protection Act B.E. 2542 (1999)

Key Points:

• Protects breeders’ rights

• Encourages agricultural innovation

• Recognition under international UPOV standards

Why Intellectual Property Protection Matters

For Businesses:

• Builds competitive advantage

• Increases market value and investor appeal

• Enables licensing and expansion opportunities

For Creators and Innovators:

• Ensures fair compensation

• Protects original works from theft or unauthorized use

• Encourages continued innovation and creativity

For the Economy:

• Supports innovation-driven growth

• Attracts foreign investment and promotes exports

• Preserves cultural and regional identities

Conclusion

Thailand’s intellectual property system offers comprehensive protection across multiple areas, including copyrights, trademarks, patents, trade secrets, geographical indications, and plant varieties. Understanding and leveraging these protections is essential for anyone involved in creative, commercial, or innovative endeavors in the country.

Whether you are an artist, tech developer, manufacturer, or agricultural producer, registering and safeguarding your intellectual property in Thailand can protect your rights, boost your competitiveness, and pave the way for long-term success.