April 27, 2011

IP&IT Court Decisions on the Limits of Board of Trademarks’ Authority

Thailand: IP Developments, Tilleke & Gibbins Client Newsletter

The issue of the authority and duty of the Board of Trademarks has been widely discussed within the Thai legal profession. At the heart of this discussion is the fact that the Board often uses its discretion to render decisions based on grounds and facts that were neither raised in the Registrar’s original order nor contested by the appellant. In Thailand, the Supreme Court’s decision would normally be cited to resolve this type of legal issue; unfortunately, there are no precedent Supreme Court cases to be cited for this issue. However, the IP&IT Court has recently rendered two relevant decisions as briefed in this article.

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