You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 24, 2024

Practical Law: Intellectual Property Transactions in Thailand 2024

Thomson Reuters Practical Law

Intellectual property specialists from Tilleke & Gibbins in Thailand have contributed an updated Intellectual Property Transactions in Thailand overview for Thomson Reuters Practical Law, an online publication that provides comprehensive legal guides for jurisdictions worldwide.

The Thailand overview was authored by Darani Vachanavuttivong, managing partner of Tilleke & Gibbins and managing director of the firm’s regional IP practice; Titikaan Ungbhakorn, senior associate and patent agent; and San Chaithiraphant, senior associate. The chapter delivers a high-level examination of critical aspects of IP law, including IP assignment and licensing, research and development collaborations, IP in mergers and acquisitions (M&A), securing loans with intellectual property rights, settlement agreements, employee-related IP issues, competition law, taxation, and non-tariff trade barriers.

Key topics covered in the chapter include:

  • IP assignment: Basis and formalities for assignments of patents, utility models, trademarks, copyright, design rights, trade secrets, confidential information, and domain names.
  • IP licensing: Scope and formalities for licensing patents, utility models, trademarks, copyright, design rights, and trade secrets.
  • Research and development collaborations: Management of improvements, derivatives, and joint ownership of IP.
  • IP aspects of M&A: Due diligence and critical considerations during mergers and acquisitions.

Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The Intellectual Property Transactions Global Guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide.

To view the latest version of the Intellectual Property Transactions in Thailand overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.

RELATED INSIGHTS​ 

June 25, 2024
Attorneys from Tilleke & Gibbins’ offices in Vietnam have prepared Intellectual Property in Vietnam, a comprehensive resource for understanding, protecting, and commercializing intellectual property (IP) in the country. This guide provides detailed information on various aspects of IP rights, including: Trademarks: Procedures and requirements for registration, maintenance, and enforcement. Patents: Information on obtaining patent protection, including the application process and legal requirements. Industrial designs: Steps for registering and protecting design innovations. Utility models: Guidelines for securing protection for new technical solutions. Copyrights: Details on copyright protection, registration, and enforcement. Geographical indications: Information on protecting products with specific geographical origins. The guide is designed to offer practical insights into the registration processes, legal frameworks, and enforcement mechanisms relevant to IP in Vietnam. It aims to serve as a valuable tool for businesses, legal practitioners, and individuals involved in the creation and protection of intellectual property. For more details, access the full Intellectual Property in Vietnam guide by clicking the button below.
June 25, 2024
Attorneys from Tilleke & Gibbins’ office in Jakarta have prepared Intellectual Property in Indonesia, a comprehensive resource for understanding, protecting, and commercializing intellectual property (IP) in the country. This guide provides detailed information on various aspects of IP rights, including: Trademarks: Procedures and requirements for registration, maintenance, and enforcement. Patents: Information on obtaining patent protection, including the application process and legal requirements. Industrial designs: Steps for registering and protecting design innovations. Utility models: Guidelines for securing protection for new technical solutions. Copyrights: Details on copyright protection, registration, and enforcement. Geographical indications: Information on protecting products with specific geographical origins. The guide is designed to offer practical insights into the registration processes, legal frameworks, and enforcement mechanisms relevant to IP in Indonesia. It aims to serve as a valuable tool for businesses, legal practitioners, and individuals involved in the creation and protection of intellectual property. For more details, access the full Intellectual Property in Indonesia guide by clicking the button below.
June 4, 2024
Myanmar’s Patent Law 2019—the country’s first legislation specifically addressing patent protection—took effect on May 31, 2024. The announcement that the law had taken effect came when the State Administration Council (SAC) issued Notification No. 106/2024 on June 1, 2024. This announcement is a key development moving toward full implementation of statutory patent protection in Myanmar. The next step will be the announcement of the Patent Rules, which will establish the requirements, official forms, and procedures related to the application and registration of patents and utility models. Another necessary announcement will be the official forms and fees for proceeding with patent-related matters at the Intellectual Property Department (IPD). Upon these forthcoming announcements, parties will be able to apply for patent registration in Myanmar. The Patent Law, which was enacted in 2019, allows for the registration of inventions that: Have not been disclosed to the public anywhere by any means before the filing date or priority date (if claimed); Involve an inventive step; and Are capable of use in any industry. Priority rights can be claimed within a year of the filing of an application with any member country of the World Trade Organization. In seeking protection for inventions internationally, priority rights cannot yet be claimed under the Paris Convention or the Patent Cooperation Treaty, as Myanmar’s ratification of these agreements is still pending. Nevertheless, the Patent Law includes provisions related to these two agreements; these provisions will take effect if the ratification process is completed. Rights owners interested in seeking protection of their inventions in Myanmar should begin evaluating their portfolios so that they can apply to register their inventions once the remaining necessary announcements have been issued. Recordation of inventions—including renewals of patents that had been recognized under Myanmar’s previously established practice—will no longer be accepted. Rights holders can
May 28, 2024
On March 1, 2024, the Lao official gazette published the newly amended Law on Intellectual Property No. 50/NA, dated November 20, 2023 (the “2023 Law on IP”). The timing of this update is consistent with Laos’ history of providing regular revisions to the country’s IP legislation since the enactment of the first Law on Intellectual Property by the National Assembly in 2007 (the “2007 Law on IP”). These revisions include amendments in 2011, 2017, and now 2023. Prior to 2007, intellectual property (IP) protection was granted through decrees issued by the prime minister’s office for selected types of IP: trademarks, patents, petty patents, and industrial designs. The 2007 Law on IP marked a significant shift by introducing comprehensive legislation to protect industrial property rights, new plant varieties, copyright, and related rights. It laid the foundations for IP legislation in Laos, with the primary objectives of promoting and protecting intellectual creativity and attracting foreign investment. Since 2007, the enactment of new IP laws has not always entailed significant amendments to the existing IP framework; however, it frequently serves as an opportunity to introduce long-considered mechanisms. For example, the amended Law on Intellectual Property No. 38/NA, dated November 15, 2017 (“2017 Law on IP”) introduced, among other provisions, the possibility of opposition by a third party after the formal examination of a trademark application by the examiner. The 2023 Law on IP brought additional changes and updates to the IP regulatory landscape in Laos. Some of the most notable of these are highlighted below. Trademarks While Laos already introduced a new mechanism for online trademark registration in November 2023—about a month before enacting the 2023 Law on IP—the new law did introduce some noteworthy changes. Well-Known Marks The 2023 Law on IP appears to ease the burden of proof for establishing