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January 26, 2016

PLC Patent Litigation Global Guide 2016/17 – Thailand Chapter

Practical Law Company

Patent Litigation, published by Practical Law Company, provides a high-level overview of patent disputes, including patent infringement, conditions for a declaratory judgment, invalidation proceedings, preliminary relief, and enforcement options. The guide, presented in a Q&A format, covers 29 jurisdictions and has a chapter on the Unified Patent Court.

The Thailand chapter of the guide, coauthored by partner Nandana Indananda and consultant Siraprapha Rungpry at Tilleke & Gibbins, discusses the following subjects in detail:

  • Sources of Law: The Patent Act, subsidiary legislation, the Act for the Establishment of and Procedures for the Intellectual Property and International Trade Court, the Civil Procedure Code, the Criminal Procedure Code, the Act for the Establishment of Kwaeng Court, and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
  • Court System: Court bodies, authorized representatives, language of proceedings, and impact of foreign judgments
  • Substantive Law: Assessing patent infringement, defenses available to alleged infringers, invalidating a patent, and amending patent claims during proceedings
  • Parties to Litigation: Parties that can sue and be sued for patent infringement
  • Enforcement Options: Civil and criminal proceedings, border measures, and arbitration
  • Civil Court Procedures: Format, rules and practice concerning evidence, level of proof to establish infringement or invalidity, and length of infringement proceedings
  • Preliminary Relief: Search and preservation orders, injunctions, and claiming damages for unjustified preliminary injunctions if the main infringement action is lost
  • Final Remedies: Permanent injunctions, monetary remedies, delivery up or destruction of infringing goods, publication of the decision, recall order, and criminal penalties including fines and/or imprisonment
  • Appeals: Procedure and length
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