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

May 29, 2017

Thailand Introduces Changes to the Appeal Proceedings for IP-Related Cases

Subscribe to Updates
Informed Counsel

Prior to the establishment of the Central Intellectual Property and International Trade Court (“IP&IT Court”) in 1997, which was the first specialized IP court in South East Asia, an IP-related lawsuit was normally heard in an ordinary court of first instance, which at the time had jurisdiction over such a dispute. The judgment of the first-instance court could then be appealed to the relevant Court of Appeal that had jurisdiction over the lower court, and then a further appeal to the Supreme Court could be pursued based on the conditions set forth in the Civil Procedure Code or Criminal Procedure Code.

With the inauguration of the IP&IT Court on December 1, 1997, came a major change to the process for appeals. The Act for the Establishment of the Procedure for the Intellectual Property and International Trade Court B.E. 2539 (1996) (“IP&IT Court Act”) prescribed that all intellectual property and international trade cases must be filed with the IP&IT Court. In addition, an appeal against any judgment of the IP&IT Court was required to be submitted directly to the Supreme Court. This streamlined procedure sought to redress the procedural delays in delivering timely judgments, specifically for intellectual property and international trade cases.

Changes to Appeal Process

In 2015, Thailand again made significant changes to its procedure regarding appeal proceedings. On September 1, 2015, the Civil Procedure Code was amended to change from the previous rights-based process to a new permission-based process. A few months later, on December 4, 2015, the Thai parliament passed two new laws affecting the appeal proceedings for intellectual property and international trade cases:

  1. The Act for the Establishment of the Procedure for the Intellectual Property and International Trade Court (No. 2) B.E. 2558 (2015), which amended the IP&IT Court Act. This new law outlined several significant revisions to previous practice, including the overhauling and streamlining of the appeal procedure in IP cases.
  2. The Act for Establishment of the Court of Appeal for Specialized Cases B.E. 2558 (2015) (“Specialized Appeal Court Act”).

The first major change resulting from the implementation of these new laws is that as from October 1, 2016, any judgments or orders of the IP&IT Court must be appealed directly to the Court of Appeal for Specialized Cases (“Specialized Appeal Court”). The second major change is that under the amended IP&IT Court Act, the appeal procedure for civil cases must be made based on provisions under the Civil Procedure Code, which has also been amended, and the appeal procedure for criminal cases must be made based on provisions under the Criminal Procedure Code.

This means that judgments and orders of the IP&IT Court—whether they are in civil or criminal cases—can be appealed further, provided that they fulfill the conditions prescribed under the Civil Procedure Code or under the Criminal Procedure Code, as the case may be. All eligible appeals must be submitted directly to the Specialized Appeal Court.

The Specialized Appeal Court

The Specialized Appeal Court was established and empowered by the Specialized Appeal Court Act to adjudicate cases appealed from the following lower specialized courts:

  1. The Tax Court
  2. The Labor Court
  3. The Bankruptcy Court
  4. The Juvenile and Family Court
  5. The IP&IT Court

The Specialized Appeal Court has five divisions corresponding to the specialized courts over which it has jurisdiction. The Intellectual Property and International Trade Case Division (“IP&IT Division”) has the power to handle all appeals filed against judgments of the IP&IT Court, including judgments handed down in all IP cases, including, for example, IP infringements, IP licensing disputes and appeal decisions of the Board of Trademarks and Board of Patents.

The Specialized Appeal Court is comprised of judges with specific knowledge and expertise in the respective subject area. Each case is adjudicated by a quorum of judges. However, any case dealing with an important issue that impacts many different areas of the law may be decided by a divisional meeting or an inter-divisional meeting of judges.

Such a meeting would include the Vice President of the Specialized Appeal Court, who is in charge of the relevant division where the matter had been heard, and all the judges in the relevant division who are on duty provided that (1) the number of judges attending the meeting cannot be less than two-thirds of all judges in the division; and (2) the resolution of the meeting will be reached by a majority vote. Currently, the IP&IT Division has three quorums of judges. The number of judges in the IP&IT Division is not publicly available, but given that each quorum consists of at least three judges, the division likely consists of at least nine judges.

As of April 7, 2017, the Specialized Appeal Court has rendered six judgments in IP-related lawsuits. All of these judgments were in criminal cases. Only one of them has been sent to the IP&IT Court for reading to the parties in the case. The other five are currently in the process of being sent to the IP&IT Court for reading. 

Further Appeal to the Supreme Court

It is possible to further appeal a judgment or order of the Specialized Appeal Court, although the process varies for criminal and civil cases. In criminal cases, parties who disagree with judgments or orders of the Specialized Appeal Court may further appeal to the Supreme Court, provided that the appeal is made only on legal issues. For factual issues in criminal cases, the right to appeal depends on the severity of the punishment as set out in the lower court’s judgment.

In civil cases, judgments or orders of the Specialized Appeal Court will be deemed final. However, any party who disagrees with a judgment or order may ask the Supreme Court for permission to appeal the decision further. The Supreme Court may grant permission if it finds that there is an issue(s) in the appeal that sets out a significant matter worthy of clarification.

Section 249 of the amended Civil Procedure Code sets out “significant matters” as follows:

  1. Matters related to the public interest or public order;
  2. When a Court of Appeal determines a significant question of law in a manner of discrepancy or contrary to a Supreme Court precedent;
  3. When a Court of Appeal determines a significant question of law in its judgment or order without citing any Supreme Court precedent;
  4. When the judgment or order of a Court of Appeal is contrary to the final judgment or order of other courts;
  5. For the purpose of developing legal interpretation; and
  6. Other significant questions according to the Regulations of the President of the Supreme Court.

On November 24, 2015, the President of the Supreme Court issued further regulations stating that other significant questions under Section 249(6) include:

  1. Judgment or order of a Court of Appeal that has a dissenting opinion(s) in substance; and
  2. Judgment or order of a Court of Appeal that rules on a significant question of law contrary to an international agreement that binds Thailand.

To request permission to appeal, the party must file a request for permission, together with the appeal petition, as well as pay the relevant court fee to the first-instance court, within one month from the reading of the Specialized Appeal Court’s judgment or order. This deadline is extendable.

After checking that the formalities have been satisfied, the first-instance court will forward a copy of the documents to the respondent in the case, who will then have the right to file their opposition against the request. At the same time, without waiting for the opposition petition, the first-instance court will forward the request and the appeal to the Supreme Court, which will have to consider the request in a timely manner.

The Supreme Court’s decision as to whether or not to permit the appeal will be sent to the first-instance court for reading to the parties in the case. If the request is granted, the other party will have the right to file their response to the appeal with the first-instance court within 15 days. This deadline is also extendable. After receiving the response to appeal, the first-instance court will forward it to the Supreme Court for consideration.

Outlook

According to The Court of Appeal for Specialized Case, a volume published by the Specialized Appeal Court, the reason for the establishment of the Specialized Appeal Court is to harmonize the appeal system for specialized courts with the systems of the ordinary courts of first instance. Based on this, it would not be reasonable to expect that the establishment of the Specialized Appeal Court will shorten the length of time needed to conduct a lawsuit. It is true that we can expect a timely judgment from this court, at least in the first two to three years of its operation, as the number of appeals that it currently handles is still minimal.

But it is important to recognize that the appeal system for criminal cases has been changed from a two-tier to a three-tier procedure, while civil lawsuits retain the possibility of a further appeal to the Supreme Court. This raises the probability that it may now actually take longer for an IP-related lawsuit to reach a final decision. Of course, this will affect IP owners, as they may need to invest more money and time in seeing their legal matters through to a final conclusion.

Download Full Article
Related Professionals

Practices

Dispute Resolution and Litigation

Intellectual Property

Location

RELATED INSIGHTS​ 

June 30, 2026
Customs recordation is an enforcement mechanism in Myanmar that enables intellectual property (IP) rights holders to seek prevention of the cross-border movement of infringing goods. The enactment of Myanmar’s IP laws in 2019 has enabled customs recordation for registered marks and copyrights under the Trademark Law 2019 and the Copyright Law 2019. By contrast, the Patent Law 2019 and the Industrial Design Law 2019 do not provide a practical framework for customs recordation, and accordingly such rights are not subject to the customs recordation regime. Under the Trademark Law 2019, rights holders may apply for customs recordation and may also ask the Customs Department to suspend the release of goods suspected of bearing counterfeit marks. Likewise, the Copyright Law 2019 allows for customs intervention in relation to pirated works. These provisions reflect Myanmar’s gradual alignment with international standards on border measures, although the implementation framework remains at a relatively early stage of development. Customs Recordation Pursuant to the Trademark Law 2019 and the Copyright Law 2019, the relevant authorities have issued customs rules concerning the protection of registered marks and copyrights. In practice, the process generally begins with the submission of an application to the Customs Department together with supporting documentation. This typically includes proof of registration in Myanmar; details of the rights holder, applicant, and any authorized representative; and a comprehensive description of the genuine goods. Product identification materials—such as photographs, packaging samples, and distinguishing features—are particularly important in helping customs officers identify suspected infringing goods. A recordation remains valid for two years from the date of approval. It may be renewed for additional two-year terms, provided that the renewal application is filed within the thirty days prior to expiry for marks and up to thirty days in advance of the expiry date for copyrights, in accordance with
Read More
June 29, 2026
Thailand’s cabinet has approved the draft Act on Liability for Defective Goods, commonly called Thailand’s “Lemon Law.” The Draft Act is currently pending consideration by Parliament. The draft law aims to strengthen buyers’ position in pursuing cases against sellers. While the Civil and Commercial Code offers provisions governing liability for defective goods, it is difficult in practice for buyers to successfully make a claim against sellers, particularly where defects are latent and not discoverable at the time of sale or delivery. By introducing product-specific rules and clearer remedies, the new law is intended to modernize Thailand’s consumer protection framework and align it more closely with international standards, and to help relieve the buyer’s burden of proof against the seller in product liability cases. If enacted, the draft act will take effect 180 days after publication in the Government Gazette, giving businesses a transition period to assess their compliance obligations. This article provides an overview of the key provisions of the draft act and highlights some practical considerations for businesses operating in Thailand. Scope and Key Definitions The draft act applies to sellers—defined as persons who sell goods in the ordinary course of business—and protects buyers, a term defined broadly to include not just the original purchaser but also transferees and successors in title. This expands the class of people who can bring claims. The law does not apply to used goods, live animals, or goods exempted by future ministerial regulation. It also leaves intact any separate warranties, promises, advertisements, or other guarantees a seller has given; those remain enforceable alongside the new statutory rights. General Liability for Defective Goods Sellers are liable for defects that exist at the time of delivery, regardless of whether the seller knew about them. Liability arises where a defect reduces: The benefit intended under
Read More
June 24, 2026
Patent enablement requirements are provided under Article 102 of Vietnam’s Law on Intellectual Property (IP Law). In particular, a patent specification must “fully and clearly disclose the nature of the invention to such an extent that, based on the specification, a person having ordinary skill in the relevant art can implement the invention.” In pharmaceutical and biotechnology patents, this requirement is more complicated and subject to more rigorous assessment. The Patent Examination Guidelines (Guidelines) of the Intellectual Property Office of Vietnam (IP Office) were amended in March 2026 to introduce Annexes III and IV for the pharmaceutical and biotechnology sectors, in which Annex III provides detailed guidelines on the assessment of specification requirements. These amendments were made under a project for strengthening capacity in industrial property examination between the Japan International Cooperation Agency (JICA) and the IP Office. Annex III provides detailed instructions on how examiners assess enablement in a pharmaceutical or biotechnology application, and offers examples of acceptable and unacceptable descriptions with regard to the enablement aspect. Enablement Requirements in Pharma and Biotech Patents Article 12.7 of Circular 10/2026/TT-BKHCN (Circular 10) adds to the requirements of Article 102 of the IP Law that the description must demonstrate the novelty, inventive step, and industrial applicability of the technical solution. For pharmaceutical composition subject matters, Article 12.9 of Circular 10 sets out that the description must present the results of clinical trials and/or the pharmacological effects of the claimed pharmaceutical composition, and must include at least the following information: Substance/mixture used. Testing method (system) employed. Information on the test results. Correlation between the pharmacological effects obtained from the tests and the application of the pharmaceutical product in the prevention, diagnosis, and treatment of diseases. The Guidelines note that pharmacological study results should be presented in a quantified manner, and pharmacological
Read More
June 22, 2026
Arbitrator independence and impartiality form the cornerstone of a legitimate arbitral process. Under section 19 of the Thai Arbitration Act B.E. 2545 (2002), prospective arbitrators must disclose circumstances likely to give rise to justifiable doubts as to their impartiality or independence, and existing arbitrators must do so throughout proceedings. This mirrors article 12 of the UNCITRAL Model Law. Yet despite this clear mandate, practical implementation varies significantly across Thailand’s arbitration landscape. Background Thailand’s two principal arbitration institutions, the Thai Arbitration Institute (TAI) and the Thailand Arbitration Center (THAC), both maintain procedures for addressing arbitrator challenges and require compliance with the statutory disclosure obligation. Under both sets of rules, any party wishing to challenge an arbitrator must submit a challenge application within fifteen days of becoming aware of the relevant facts, and a committee is appointed to consider the matter on a case-by-case basis. The TAI additionally prescribes its Code of Ethics and Conduct for Arbitrators to further emphasize the expectation of impartiality and transparency. However, Thailand’s arbitration ecosystem extends well beyond the TAI and THAC. Several sector-specific institutions also administer arbitral proceedings, including the Thai Commercial Arbitration Office under the Board of Trade of Thailand, the Arbitration Centre of the Office of the Insurance Commission, the Arbitration Centre of the Securities and Exchange Commission, the Office for the Prevention and Resolution of Disputes regarding Intellectual Property, and the Arbitration Centre of the Thai General Insurance Association. These institutions each operate under their own procedural rules, which were developed to serve particular industries and dispute profiles. The procedural mechanisms for securing and documenting an independence declaration are not uniformly established across these forums. Consequences of Procedural Inconsistency This creates a notable gap. Not all arbitration bodies have a formalized procedure requiring written independence statements before proceedings commence. Some tribunals proceed
Read More