Thailand

Background

In 1992, the Department of the Ministry of Education, were transferred to this new Department of Intellectual Property was established and was, at its inception, located at Preecha Complex, Ratchadaphisek Road, opposite Sutthisarn Metropolitan Police Station, with Mr. Nipat Intarasap as the first Director-General. Upon its inauguration, the Department of Intellectual Property was organised into 6 Divisions, namely, Office of the Secretary (with a divisional status), Services and Publicity Division, Examination 1 Division (Patent Examination), Examination 2 Division (Trademark Examination), Registration and Certificates Division and Technical and Planning Division, with the total of 177 civil servants and officials.

In 1999, there occurred in the Department of Intellectual Property an important organisational restructure in accordance with the Public Sector Administration Reform Plan, pursuant to which the Department’s three Divisions were elevated into a higher status of “Office” so as to become Trademark Office, Copyright Office, and Patent Office, in addition to its existing bodies with the “Division” status, namely, Office of the Secretary, Legal Affairs and Appeals Division and Intellectual Property Promotion and Development Division. In addition, there were also established as the Department’s internal bodies (and ascribed the status equivalent to a Division) Centre for Co-ordination on Intellectual Property Infringement Prevention and Suppression and Office of Intellectual Property Dispute Resolution and Prevention. As a matter of fact, at that time the Department of Intellectual Property was the Ministry of Commerce’s very first agency to be relocated to the Ministry’s new building at No. 44/100, Moo 1, Nonthaburi 1 Road, Tambon Bangkrasor, Muang, Nonthaburi.

In 2010, the Department of Intellectual Property underwent another occasion of reorganisation to be well suited to its growing missions and in response to the changed nature of official work. Under this reorganisation, four Divisions were elevated into the “Office” status so as to become Office of the Secretary, Legal Office, Intellectual Property Promotion and Development Office and Office of Prevention and Suppression of Intellectual Property Infringement, in addition to its existing 3 Offices, viz, Trademark Office, Copyright Office and Patent Office; hence the total of 7 Offices within the Department. In addition, two bodies have been set up as the Department’s internal arms with the status equivalent to a Division – the Intellectual Property Management Office and the Design Office. At present, the Department of Intellectual Property is staffed by 399 persons (civil servants, Government employees and permanent employees).

Policy and Planning
Functions and Responsibility of the Department of Intellectual Property

The Department of Intellectual Property has as its missions the promotion of creation and commercial exploitation of intellectual property, including the protection of intellectual property rights, as a vital means for strengthening competitiveness and national economic development. The powers and duties of the Department of Intellectual Property are enumerated below:

(1) Performing work in connection with the protection of intellectual property rights under the law on protection of topographies of integrated circuits, the law on protection of geographical indications, the law on trade secrets, the law on trademarks, the law on copyrights, the law on patents, the law on production of optical discs products other relevant laws;

(2) Performing work in connection with the protection of intellectual property;

(3) Performing work in connection with registration for the protection of intellectual property rights under international agreements or co-operation schemes to which Thailand has become a party;

(4) promoting the protection of intellectual property rights both domestically and overseas;

(5) Conducting reform and revision of legislation related to the protection of intellectual property to achieve efficiency and to be well suited to changing circumstances both in Thailand and in foreign countries;

(6) Performing work in connection with the suppression of intellectual property infringements, the promotion of the use of rights in a fair manner and the development of trade disciplines

(7) Promoting activities leading to the creation, management and commercial exploitation of intellectual property;

(8) Handling the settlement of intellectual property disputes by way of mediation and arbitration; and

(9) Performing such other activities as prescribed by law to be under the responsibility of the Department of Intellectual Property or as entrusted by the Minister or by the Council of Ministers.

Strategic Association in respect of the Department of Intellectual Property, Financial Year 2012

The Constitution of the Kingdom of Thailand, B.E. 2550 (2007), Directive Principles of Fundamental State Policies, Part 9 Directive Principles of State Policies in relation to Science, Intellectual Property and Energy, section 86 (2) : to promote inventions or discoveries leading to new knowledge, preserve and develop local knowledge and Thai wisdom and protect intellectual property

Government’s Policies as declared to the National Assembly on 23rd August 2011 insofar as related to DIP

Clause 3. Economic Policy, 3.3 Economic Restructure Policy, 3.3.4 Marketing, Trade and Investment: 1) promote a free and fair enterprise policy for preventing monopolistic practices, promote and develop roles of organisations concerned with consumer protection in public and private sectors, revise laws and measures in the interest of fairness to consumers and create entrepreneurs’ confidence in the protection of intellectual property and prevention of infringement vis-?-vis Thai products in foreign countries

MOC Strategies : Thai Trade Strategy

Clause 6 : Strengthening Trade through Intellectual Property

Organization

Registration Procedure

PATENT

Flow Chart Featuring Examination of an Application for a Petty Patent

Examination Flow Chart of Patent for Invention Application

Flow Chart Featuring Examination of an Application for a Patent in Product Design

TRADE MARK

Flow Chart Featuring Procedures Involved in Registration of Trademarks

Copyright

Procedures on the reception of notification of copyright information

Laws and Procedure

Patent / Pettypatent
- PATENT ACT B.E. 2522 As Amended by the Patent Act (No.2) B.E 2535 And the Patent Act (No.3) B.E. 254

Trademark
- Trademark Act B.E.2534 (1991)

Copyright
- Copyright Act B.E.2537 (1994)

Trade Secret
- Trade Secret Act B.E.2545 (2002)

Geographical Indication
- GEOGRAPHICAL INDICATIONS PROTECTION ACT, B.E. 2546 (2003)

Layout-Designs of Integrated Circuit
- Protection of Layout-Designs of Integrated Circuits Act B.E.2543 (2000)

Optical Disk Production(OD Product)
- Optical Disc Production Act B.E.2548 (2005)

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