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

February 3, 2025

The Intellectual Property Implications of Thailand’s Entertainment Complex Bill

Subscribe to Updates

Thailand’s aim of hosting entertainment complexes that include casinos is moving forward with the cabinet’s approval in principle of the draft Entertainment Complex Business Act on January 13, 2025.

In fact, Thailand has studied the pros and cons of allowing the operation of entertainment complexes since March 2019. Though the initial surge of global interest died down during the COVID-19 pandemic, the country renewed its efforts with the recent draft law. This is part of the government’s aim of bringing parts of the informal economy (or shadow economy) and the underground economy—estimated to be more than 50% of Thailand’s GDP—into the revenue system.

While many authors have provided analyses of the bill’s contents, this article explores how the enforcement of the Entertainment Complex Bill after its passage would relate to various aspects of intellectual property (IP) in the casino business in the context of Thai law. Below are some examples of the potential effects of the draft legislation on IP rights in Thailand.

Public Order and Public Policy

Under Thai law, contradiction of public order, good morality, or public policy is grounds for denying IP protection. With the eventual passage and enforcement of the Entertainment Complex Bill, IP rights related to gaming that used to be regarded as contrary to the public order and received no protection under the current law would become eligible for legal protection and considered registrable under the law. This is similar to what happened recently with cannabis in Thailand. Legalization of cannabis opened up pathways for trademark and patent protection in this industry.

IP in the casino industry encompasses a wide range of assets, including patents, trademarks, copyrights, and trade secrets. These IP rights protect the unique features of casino games, gaming machines, software, and branding elements. For instance, in Thailand patents can cover technical solutions when connected to innovative hardware, while trademarks protect the names and logos of casinos, resorts, games, and retail offerings in these locations. If the change in Thai law makes possible the registration of this IP, it would benefit not only the entertainment complex or casino operator but also inventors, artists, and the general public by allowing them to receive IP protection for their creations or inventions related to casinos and gambling.

IP Licensing and Technology Transfer

The casino industry is a dynamic and rapidly evolving sector that relies heavily on IP to protect its innovations and maintain a competitive edge. As casinos expand their digital presence and introduce new gaming technologies, finance and accounting solutions, and loyalty programs, the importance of IP licensing becomes increasingly significant. IP licensing allows casino and integrated resort operators to use and commercialize third-party IP. This is particularly crucial in the casino industry, where the process of adopting new games and technologies often involves collaboration with third-party developers and manufacturers. Licensing agreements ensure that all parties involved can benefit from the use of IP while protecting the rights of the original creators.

Legalization of the gaming industry will foster technology transfer to Thailand, which could involve various IP rights. For example:

  • Patent licensing: Patents protect the technical aspects of gaming machines. For example, a patent for a new slot machine mechanism can be licensed to multiple casinos, generating revenue for the patent holder through royalties.
  • Trademark licensing: Licensing trademarks enables casinos to use well-known brands and logos, attracting customers and building trust. For instance, a local casino developer may license the trademark of a well-known casino brand or license a popular game to offer it exclusively at their venue.
  • Copyright licensing: Copyrights protect the software, artistic works, and musical elements of casino games. Licensing copyright allows casinos to legally use copyright content, such as game graphics, user interfaces, and soundtracks.
  • Trade secret/know-how licensing: Unregistered IP, such as trade secrets and know-how in the gaming industry, could include proprietary operations systems, ongoing technical services, and consultancy services provided by experienced operators.

Other areas of IP protection include design protection for the unique design of the machine or equipment and trade dress protection for the distinctive elements of gaming machines or casino decorations.

Thailand’s Entertainment Complex Bill stipulates that the gaming machines used in casinos must be up to the standard set by the Entertainment Complex Policy Board, in good shape, and able to operate without errors. The operator must also assist government officials in inspecting and testing the gaming machines in the casino. Any operator who fails to resolve an issue within the given time could face a penalty of up to THB 500,000 (approx. USD 14,380) per day until the issue is resolved.

Noting the necessity of complying with these potentially complex standards for gaming machines, it is therefore important to use machines with proven reliability. As the associated intellectual property rights have not been registrable in Thailand (as discussed above), technology transfer will be required for entertainment complex operators in Thailand, and the focal point for this technology transfer will be patents, copyright (computer programs), and trade secrets.

IP Clearance

Operators will also need to ensure they are not infringing on others’ IP rights. It is thus necessary to conduct IP clearance or freedom-to-operate searches before launching operations or using any content or technology, especially when it is not owned or invented by the entertainment complex operator.

Conducting an IP clearance search can prevent costly legal disputes and the potential need to rebrand or cease operations after the launch of the business. This proactive step saves time and resources and guards against the reputational damage that could arise from an infringement suit.

Data protection and compliance

The collection, use, and protection of players’ personal data is a growing concern within the gaming and integrated resort industries. Thailand’s Personal Data Protection Act of 2019 (PDPA) sets out a regulatory framework for this. Investigations into and enforcement of the PDPA are progressing in Thailand. Recently, a major company was fined THB 7 million for its noncompliance, highlighting the importance of adhering to PDPA requirements. Additionally, the regulator has introduced a new “compliance checklist” with ten key areas of focus, indicating a shift toward more stringent regulatory requirements and oversight.

The Entertainment Complex Bill would also regulate other aspects related to casinos, like advertising and promotion, casino licensing requirements, minimum investment requirements, taxation, allowed types of gaming machines, operating times, time and place restrictions on selling alcoholic beverages, and casino entry requirements. We have discussed some of these requirements in another article.

Outlook

The Entertainment Complex Bill is preparing to open up various types of business opportunities to investment from both domestic and international actors, whether directly as an entertainment complex operator or as a licensor of IP or transferor for technology. Emerging technologies, such as virtual reality and blockchain, are set to revolutionize the gaming experience, creating new opportunities for IP licensing.

Gaming operators and integrated resorts that effectively manage their IP assets and establish strong licensing agreements will be well-positioned to thrive in this competitive market. For companies considering an entry into the prospective Thai market for entertainment complexes, preparing now for future IP filings will provide a strong foundation that will facilitate efficient operations, assuming the Entertainment Complex Bill is passed in a form similar to the existing draft.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

July 13, 2026
When Decree No. 186/2026/ND-CP (Decree 186) takes effect on July 15, 2026, it will introduce the most significant reform of Vietnam’s administrative IP enforcement framework since Decree 99/2013/ND-CP was issued in 2013. These changes are expected to make administrative enforcement faster, more accessible, and better suited to the realities of modern IP disputes. Below are the principal reforms and their practical implications for rights holders and enforcement practitioners. The End of Notarization and Consular Legalization Among the most welcome procedural changes is the abolition of the notarization and consular legalization requirement for powers of attorney (POA) submitted in administrative enforcement proceedings. Under the previous regime, foreign rights holders were generally required to execute a POA, then have it notarized and consular legalized (if seeking customs recordal). In practice, this process frequently delayed enforcement by four to eight weeks, often long enough for infringing goods to disappear before authorities could intervene. Decree 186 removes this bottleneck, now requiring only an original or certified copy of the POA. If the document is in a foreign language, a Vietnamese translation is sufficient, provided it is certified by a competent authority or confirmed by the authorized Vietnamese IP representative. Consular legalization and notarization are no longer required. For rights holders, the practical impact is substantial. Administrative enforcement files that previously took weeks to prepare can now be completed in a matter of days, allowing much faster responses in time-sensitive matters such as warehouse raids, border interventions, and trade-fair enforcement. The decree also introduces a useful administrative simplification. Where an original POA has already been submitted to the same enforcement authority and remains valid, applicants may rely on a copy of that earlier submission by identifying the previous case file. This eliminates unnecessary duplication for rights holders pursuing multiple enforcement actions before the same
Read More
July 9, 2026
Recycling, upcycling, and refill-packaging models are now widely promoted as ways to reduce waste, lower carbon emissions, and respond to consumer demand for sustainable products. However, complications arise when these environmentally driven trends intersect with intellectual property law—particularly where reused or altered packaging continues to display third parties’ registered trademarks. Adding to this complexity, Thailand’s draft Sustainable Packaging Management Act aims to introduce new environmental compliance obligations that businesses must navigate alongside existing trademark concerns. Recycling and upcycling packaging may infringe trademark rights, especially in cases not protected by the first-sale doctrine—the principle that a trademark owner’s rights over a particular mark-bearing product end once the owner first sells it. Furthermore, even refill packaging carries legal risk due to specific statutory prohibitions under Thai law. Compounding these challenges, the draft Sustainable Packaging Management Act will impose extended producer responsibility (EPR) obligations on manufacturers and brand owners, requiring them to manage packaging throughout its lifecycle. These overlapping legal frameworks could deter manufacturers from pursuing ESG-aligned business models unless businesses understand how to navigate both trademark and environmental requirements. Under Thai law, this issue remains uncertain because the Trademark Act does not expressly codify the first sale doctrine, also known as the exhaustion of trademark rights. Generally, this doctrine provides that once a trademark owner has lawfully sold goods bearing its trademark, the owner’s right to control further resale of those particular goods is exhausted. The rationale is that the owner has already received commercial benefit from the first authorized sale; therefore, the purchaser should be free to resell or otherwise dispose of the goods. Although the doctrine is not expressly codified in the Trademark Act, Thai courts have recognized it in relation to genuine goods and parallel imports, as seen in a Supreme Court Judgment No. 2817/2543 in which the
Read More
July 6, 2026
Indonesia’s regulation on reporting online intellectual property (IP) infringement provides comprehensive procedural guidance for IP rights holders and their licensees in reporting online infringement complaints. Issued in December 2025 by the Ministry of Law as Regulation No. 47 of 2025 regarding Handling of Intellectual Property Infringement Reports in Electronic Systems, this regulation covers all types of IP rights. It also specifies documentation when reporting infringement, and lays out the procedures for examination, verification, and enforcement actions. Submission of Complaints Complainants may submit reports through the online system of the Directorate General of Intellectual Property (DGIP) or in person at the DGIP office. Complaints may also be filed through an authorized proxy. Under the regulation, complainants are required to provide the following information and documents: Personal details of the complainant; Brief description of the protected work or subject matter (i.e., type of IP and name or address of the infringing website, portal, account, or application, or a link to the location of the infringing content); Complete description of the alleged infringement; Certificate of registration or recordal of the relevant IP; Recordal of IP license agreement, if any; and Other supporting evidence. Verification and Examination Process Upon receiving a complaint, the responsible formality officer may request clarification or additional supporting documents. In the latter case, the complainant must then submit the necessary administrative documents within 14 days of the notification date. Once the documentation is deemed complete and sufficient, the case will be formally registered. Subsequently, the DGIP will establish a verification team to handle online IP violations, which will include the Civil Servant Investigator (PPNS), the Ministry of Communication and Digital Affairs, experts with relevant expertise in IP, and representatives from related associations such as AVISI (Indonesian Video Streaming Association). After examining the report, the team will prepare the Minutes
Read More
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