Colorplus Fashions, an Indian corporation, applied for registration of the mark ColorPlus (stylized) in Thailand in Class 25 for apparel products.  In examining the application, the Trademark Registrar determined that the word “colorplus” signifies colorful or high-quality colors, which is directly descriptive of the properties and/or characteristics of the applied goods.  Correspondingly, the mark was refused for registration on the grounds of nondistinctiveness.

The Trade Competition Act (TCA) seeks to maintain a fair and open market by prohibiting business operators from exerting influence through unfair trade practices.  One such unfair trade practice addressed by the TCA is exclusivity.  The TCA’s prohibitions on exclusivity apply both in cases of market dominant operators (Section 25) and in cases when two or more nondominant operators collaborate to conduct unfair market practices (Section 27). This article provides a brief introduction to the provisions.

IP practitioners in Thailand received an early Christmas gift from the World Intellectual Property Organization (WIPO) that they will be able to enjoy throughout 2010 and beyond—the Patent Cooperation Treaty (PCT) came into force in Thailand on Christmas Eve, December 24, 2009. This long-awaited present delighted Thai patent owners and practitioners, as it fulfills several important needs. This article examines the procedures for and expected impact of the PCT in Thailand.

The legal concept of fair use in copyright law has been welcomed universally, as it serves to stimulate the dissemination of information and knowledge equitably and reasonably. With the social benefits obtained from the wide dissemination of copyrighted works in mind, Thailand adopted the doctrine of fair use by providing the doctrine as an exemption of infringement in the Copyright Act 1994. Due to the lack of a clear provision on the application of fair use and limited practice of the defense in Thai courts, the scope of application of fair use doctrine remains debatable.

The 2006 Intellectual Property Law (IP Law) was amended in 2010 in response to industry demands and to meet commitments made pursuant to the Berne Convention and TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement. These important amendments to the IP Law, effective January 1, 2010, have resulted in renewed registration and enforcement activities by rights holders, as discussed in this article.

Three-dimensional objects are included in the definition of marks in Section 4 of the Trademark Act (1991), as amended by the Trademark Act (2000), which came into force on June 30, 2000. Since then, many applications for registration of three-dimensional objects have been filed with the Department of Intellectual Property. However, very few of these applications have actually been accepted for registration. This article looks at the various forms of protection that are available for three-dimensional objects.

Generally speaking, most private limited companies have a financial year ending on December 31st.

On December 8, 2009, the National Office of Intellectual Property issued the long-awaited examination guidelines for industrial designs. The guidelines gave clarity to a number of issues that had been left unclear under the Law on Intellectual Property and its regulations. This article examines the developments.