April 29, 2011

Your Guide to Effective Enforcement

Managing Intellectual Property

In the 15 years since Thailand became a member of the TRIPs Agreement, the country’s intellectual property laws have evolved significantly. A major evolution in the protection of IP rights in Thailand was the establishment in 1997 of the Intellectual Property and International Trade Court, which serves as the court of first instance for IP cases, after which cases may be appealed directly to the Supreme Court. The establishment of a specialized court to handle IP matters inevitably leads to the result that the judges who hear IP cases have an increased level of expertise in IP matters, which ensures more equitable resolutions to IP cases and a more robust system of protection of IP rights in Thailand. As IP litigation increases, this article discusses enforcement in the IP&IT Court, focusing on preliminary injunctions and Anton Piller orders.

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