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

October 18, 2013

Thailand Paving the Way Toward an Innovation-Driven Economy

Subscribe to Updates
Bangkok Post, Corporate Counsellor Column

Industry Minister Prasert Boonchaisuk recently reiterated the government’s determination to continue promoting the Thailand Creative Economy initiative. In an attempt to rally support for Thailand’s transition to an innovation-driven country, he used rousing words such as “creative” and “sustainable” to describe his latest strategy. A three-stage, 20-year plan is now being drawn up, but it is not without its challenges.

The Three Stages

The first stage involves establishing a leading production base within ASEAN. The particular industries to be targeted have yet to be specified, but they are likely to be those related to agricultural products, energy, automotives, and electronics.

In the second stage, Thailand will develop its own intellectual property (IP) and will apply these innovations to improve production capabilities. In this way, it is hoped that Thailand can become a regional trade center from where production can be effectively managed and serviced. Additionally, Thai brands will be promoted on an ASEAN level.

The third stage involves the international development of Thai technology and brands through the support of local and regional production networks.

Potential Hurdles

The major challenge to this strategy is that foreign companies own most of the technology used in many of Thailand’s large-scale production sectors. To develop its own technologies, Thailand needs to partner with foreign companies in joint ventures or independently improve its technologies through incremental innovation.

An opportunity exists for companies in Thailand to obtain beneficial terms in partnerships with European companies through the Thai-EU Free Trade Agreement, which is now under negotiation. European owners of technology are keen to see an improvement in the IP landscape before investing further. For Thai companies, a strong IP system will provide a stable basis for growth for all, regardless of where the owner of the technology is based.

Opportunities

Thailand’s innovation must also come from within. Large enterprises such as PTT and SCG will play a key role in developing “Thai-owned” IP. They could gain an advantage over their ASEAN neighbors in the energy, chemicals and construction industries with a focus on rubber, petrochemicals and plastics, biodiesel, and ethanol.

The food science market is also an area in which Thailand can potentially dominate further. Thailand’s food export market is very strong, and global demand for consistent and reliable food sources is rising. To quote the Thai government’s Competitiveness Report of 2012:

“Research focuses on food processing and bio-based industries such as rubber and oil palm. National research centers concentrate their R&D efforts on seeds, rice, cassava, algae, post-harvest processing, greenhouse farms, longer shelf-life packaging and quality assurance. Higher-quality corn, cucumber, chili and tomato seeds have been developed for export under a Thai brand name. New types of virus-resistant prawn feed and tiger prawn brood stock have also been created.”

Innovations in crop science, food production, and supply could enable Thailand to utilize that IP itself, but also to license it to other countries. Such investments in agriculture will certainly support the “sustainability” element of the project.

Foreign pharmaceutical companies also will want to partner with local companies or the Government Pharmaceutical Organization (GPO) to produce medicines for a rapidly expanding ASEAN medical market. Bangkok is already a hub for medical tourism and improvements in medicine production, and investment in incremental innovation in this field could serve Thailand very well. Such partnerships could ensure high-quality medicines are produced, and could foster greater competition that would reduce prices. The Thai government could then embark on projects beneficial to the community, at a lower cost and with better medicines.

Ideas for the Future

To enable this to happen, the IP landscape and attitudes toward IP need to change. If IP owners cannot reasonably expect to obtain patent protection for their innovations in Thailand, then they will simply invest elsewhere. This includes Thai as well as foreign companies. Therefore, an efficient and internationally compliant patent filing system plays a significant role in moving from an efficiency-driven to an innovation-driven economy.

Incremental innovation is also best achieved by analyzing current patent landscape, followed by improvements made to “prior art” technology. Regulations must also seek to enable fast registration of products that are regulated (e.g., by the Food and Drug Administration) across all product types (and importantly, across ASEAN).

It is imperative that IP enforcement in Thailand improves, as well. We all know counterfeits of every variety are readily available in Thailand, which undeniably harms the country’s image as a destination for FDI.

In addition to legal improvements, if Thailand is to keep hold of its innovations, it must ensure that it offers favorable tax regimes for R&D and also to IP as an asset and the royalties it earns. Singapore offers lower tax rates in this regard, and Thailand may wish to follow suit to prevent businesses shifting IP assets out of the country. Certain tax breaks are already offered at the Thailand Science Park, but this policy should be expanded.

Finally, it is important that all stakeholders, including the policymakers, cooperate. The Commerce Ministry, which oversees the Department of Intellectual Property, must collaborate with the ministries of Finance, Science and Technology, Information & Communication Technology, and Public Health, to name a few. IP is present in every industry and a strong commitment to government agency cooperation improves lines of communication and presents a consistent commitment to an innovation-driven economy.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

April 29, 2026
Across the region, local brands have become key drivers of economic growth, cultural identity, and innovation, and Myanmar is no exception. From traditional products and creative industries to modern startups and small and medium‑sized enterprises (SMEs), Myanmar’s local brands are increasingly shaping domestic markets. However, as local brands grow, they also face higher risks of imitation, misuse, and unfair competition. In this context, protecting brand identity, creativity, and innovation through proper intellectual property (IP) strategies is essential to ensure that Myanmar’s homegrown businesses can grow sustainably, compete confidently, and retain the value of what they create. The Key IP Laws for Local Brands In 2019, Myanmar enacted a comprehensive suite of four IP laws, aligning the nation’s IP enforcement framework with international standards. Trademark Law 2019: This law introduced the “first-to-file” system into the country, with trademark rights primarily obtained through registration with the Intellectual Property Department (IPD). Trademarks protect brand names, logos, and other signs that distinguish goods or services. Registration grants the exclusive rights to use the mark and to prevent others from using identical or confusingly similar marks. Each registration lasts for 10 years from the filing date and can be renewed for subsequent 10-year periods. Copyright Law 2019: Copyright, which arises automatically upon creation, protects literary, artistic, musical, and audiovisual works, including software, advertisements, artwork, and social media content. While registration with the IPD is not mandatory under this law, it can be helpful for establishing evidence and supporting any future enforcement. The terms of protection for economic rights associated with copyrights vary depending on the type of work involved. In contrast, the protection for moral rights lasts indefinitely—continuing even after the author’s death. Industrial Design Law 2019: Under this law, any industrial design that is new and independently created can be filed with the
Read More
April 21, 2026
Vietnam continues to refine its intellectual property framework to align with the 2025 amendments to the Law on Intellectual Property (IP Law). On March 31, 2026, the government issued Decree 100/2026/ND-CP (Decree 100), which substantially amends Decree 65/2023/ND-CP detailing the implementation of the IP Law (Decree 65). On the same day, the Ministry of Science and Technology released Circular 10/2026/TT-BKHCN (Circular 10), providing detailed procedural guidance and new forms. Both instruments took effect on April 1, 2026, along with the amended IP Law. While the updates touch on every IP right, trademark owners and brand strategists will find several practical and forward-looking changes that directly affect filing strategy, examination timelines, portfolio management, and enforcement readiness. 1. Fast-Track Substantive Examination for Eligible Applications One of the most business-friendly innovations is the new fast-track substantive examination pathway for applications meeting specified eligibility criteria. Successful fast-track applications enjoy a shortened substantive examination period of three months. This offers a significant competitive edge for tech-driven or regulated-sector brands. If the mark is identical or similar to a mark in another person’s trademark application with an earlier filing date in the case of a priority application that has not yet been processed, the fast-track process will return to the ordinary process. However, the law does not touch on cases where marks under fast-track examination face office action due to other reasons (i.e. lack of distinctiveness, confusingly similar to others’ copyright, trade name, industrial design, etc.) 2. AI-Generated Trademarks Receive Clear Protection Pathway Decree 100 explicitly addresses the use of artificial intelligence (AI) in IP creation, amending Article 10a of Decree 65 to confirm that trademarks created with AI systems are fully protectable, provided they meet the standard requirements of registration. Trademarks face no additional “human authorship” hurdle (unlike patents or industrial designs). Brand owners
Read More
April 20, 2026
Myanmar’s industrial design registration regime has been steadily gaining momentum since the country officially began accepting applications under the Industrial Design Law of 2019. The Industrial Design Division of Myanmar’s Intellectual Property Department (IPD) has actively advanced examination and registration procedures, and as of March 2026, approximately 300 industrial design applications have been published in the IPD’s publicly accessible database—a meaningful milestone in the development of Myanmar’s emerging intellectual property framework. This figure reflects only published applications; additional filings remain pending and will be published after the conclusion of ongoing examination. Filing Requirements in Practice Compliance with a defined set of mandatory requirements is the foundation for filing a valid design application. These mandatory particulars must be provided at the time of filing in order to establish a filing date. These include the applicant’s and creator’s identifying details, a notarized appointment of representative form, the Locarno Classification of the associated product, and a set of graphic representations of the design across multiple standard views. Applicants must also provide a written description of the design and, where applicable, information relating to any priority claim or request for deferred publication. Filing fees are payable at the time of submission. Beyond these core requirements, applicants typically need to provide supplementary documentation, either at the time of filing or in response to a formality examination. This may include evidence of the applicant’s legal entitlement to the design—particularly where the applicant and creator are different parties—as well as supporting corporate and authorization documents. Where priority rights are claimed, the relevant documents must generally be submitted within three months of the Myanmar filing date, with certified English translations required for any non-English priority applications. The supplementary requirements may vary depending on the nature of the application and the examiner’s requests during the formality examination process.
Read More
April 3, 2026
On March 16, 2026, Vietnam’s Ministry of Public Security released a draft version of a new Decree on the Prevention and Combating of Cybercrime and High-Tech Crime to replace the currently effective Decree 25/2014/ND-CP. In the draft, the ministry has proposed a comprehensive regulatory framework aimed at addressing violations occurring within the cybersecurity domain, including measures related to intellectual property. Acts of Online IP Infringement Article 9 of the draft decree notably introduces specific provisions addressing online intellectual property infringement, with detailed lists of acts considered to constitute infringement in the online environment. Copyright and related rights infringement includes: Uploading or sharing works, performances, sound recordings, video recordings, broadcasts, computer programs, software, research, documents, theses, or other intellectual creations on digital platforms without the consent of the rights holder. Unauthorized livestreaming of copyrighted television programs, sporting events, or artistic performances. Uploading, sharing, storing, transmitting, or providing links to infringing works or digital content via websites, social networks, applications, or digital platforms. Providing or using software, tools, devices, or access codes to circumvent technological protection measures or evade lawful control mechanisms implemented by rights holders. Using artificial intelligence (AI) tools to replicate the ideas or structure of another person’s work without significant new creativity or without proper attribution, thereby causing damage to the original author. Industrial property infringement includes: Manufacturing, trading, advertising, or distributing counterfeit goods bearing counterfeit trademarks, geographical indications, or industrial designs, as well as goods infringing industrial property rights through online platforms. Unauthorized registration, appropriation, or use of domain names, account names, or digital identifiers that create confusion regarding the rights holder or the origin of goods or services. Producing, using, or offering for sale products containing all or part of a patented invention via online platforms. Advertising or introducing products with technical features or characteristics identical
Read More