Forthcoming Amendments of Intellectual Property Laws

Under the new Government, various Intellectual Property laws have undergone revisions—including the Copyright Act, Trademark Act and Trade Secret Act

Copyright Act: Two sets of amendments to the Copyright Act were approved by the National Legislative Assembly (NLA) in November 2014 and are now awaiting the King’s signature to be effective. The first set of amendments relate to copyright offenses, penalties for copyright infringement, and exemptions from copyright infringement for disabled people. The second set consists of a framework to account for technology changes, Rights Management Information, and Technological Protection Measures.

Trademark Act: Two sets of amendments to the Trademark Act are currently under review by the Cabinet. The first amendment provides additional mark protection for sounds and smells, allows multiple class applications, and provides for a grace period. The second amendment allows Thailand to become a member of the Madrid Protocol and to implement the Madrid System’s procedures and requirements. The original plan for Thailand to become a member of the Madrid Protocol has not changed.

Trade Secret Act: Amendments to the Trade Secret Act were approved in November 2014 and now await the King’s signature to have effect. The main amendments relate to the Trade Secrets Board’s composition, qualifications, terms of office, causes to vacate the position, methods to conduct meetings, and cancellations of prohibited conditions of being a Trade Secret Board member.

All of these amendments are made in preparation for Thailand under the AEC model.