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May 23, 2017

PLC Patent Litigation Global Guide 2017/2018 – Thailand Chapter

Practical Law Company

The Thailand chapter of Practical Law Company’s recently published Patent Litigation Global Guide was coauthored by partner Nandana Indananda and consultant Siraprapha Rungpry at Tilleke & Gibbins. The chapter provides a high-level overview of patent disputes, including patent infringement, conditions for a declaratory judgment, invalidation proceedings, preliminary relief, and enforcement options.

The following topics are covered and presented in a Q&A format:

  • Sources of Law: The Patent Act, subsidiary legislation, the Act for the Establishment of and Procedures for the Intellectual Property and International Trade Court, Rules for Intellectual Property and International Trade Cases, 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, simultaneous and separate proceedings, authorized representatives, language of proceedings, and impact of foreign judgments
  • Substantive Law: Assessing patent infringement, defenses, invalidating a patent, and amending patent claims during proceedings
  • Parties to Litigation: Parties that can sue and be sued for patent infringement, and adding or removing parties during litigation
  • Enforcement Options: Civil and criminal proceedings, border measures, arbitration and alternative dispute resolution, competition and anti-trust
  • 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
  • Litigation Costs: Costs incurred
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