Legal Counsel On Thailand’s Intellectual Property Rights
According to the World Intellectual Property Organization (WIPO), intellectual property (IP) refers to creations such as inventions; literary and artistic works; designs; symbols, names and images used in commerce. IP is protected by the law in the form of patents, copyright and trademarks, which give people the recognition and benefit from their inventions and creations. A legal counsel may provide a sufficient information on how one can protect his creations.
Categories of Intellectual Property
1. Industrial Property
This includes:
- Patents
- Trademarks
- Industrial designs
- Geographical Indications
2. Copyright-related Rights
This covers creative works such as:
- Literature
- Film
- Musical Works
- Computer software
- Artistic works
- Broadcasting
- Sound recording
The intellectual property law gives benefit not just to creators and proprietors’ welfare but also the society as a whole. It’s a common law across the world that IP gives way for the society to drive innovation and technical advancements in our age where competition for the market and different is unpredictable and always at full throttle, so maintaining an environment where fair play could take place is of utmost importance. Ideas run the world right now. Individuals and businesses rely on ideas in creating and developing products and services. These have become significant properties for individuals and firms in the corporate world and creative industry. The law protects these ideas, creation and services through different IP assets and gives the owner rights over their works under. That’s is why it is imperative for businesses to get assistance for their protection of rights from an experienced legal counsel.
Four Principal Types of Intellectual Property
Patent
In the provisions indicated in the law, a patent is an intellectual property right that gives the inventor rights to exclude other entities using and manipulating his inventions for other purposes. In other words, under the contract law, no other person shall have the right to produce, possess, process or sell a protected product or apply a patented process. Criminal acts committed in the infringement of patent will receive penalties specified by the Patent Act.
Trademark
Under corporate law, trademark are used to specify the source of products and services and distinguish them from its competitors’ own products and services. The mark protects and include words, letters, numerals, images, shapes, colours, sounds or combinations of these elements. Trademark is highly regarded as an important element in marketing and branding of goods and services. Protection is provided to registered marks by the Trademark Act while unregistered marks are protected by the Thai Penal Code and the Civil and Commercial Code.
Copyright
The Thai Copyright Act provides protection to the creator’s authorship of original works. This protection extends to literary, dramatic, musical, artistic, sound recording and video broadcasts where the form of expression is primarily protected rather than its subject matter. The creator have exclusive rights to control the economic use of his/her work. Amendments have been made to the Copyright Act, which now includes protection of copyrighted works against online piracy and other cyber-related issues.
Trade Secrets
Trade secrets are under protection by the Trade Secrets Acts in 2002 but implementing regulations have yet to be approved. The protection covers trade secrets which provides protection against misuse of information of programs, practices, processes, designs, instruments, etc. which are considered confidential in nature. For legal counsel about trade secrets, contact a law firm in Thailand.
Intellectual property rights can help the business to grow in a lot of ways. It gives more opportunity for individuals and firms to gain more profit and benefits from its creations and services through IP and of course prevent other entities from copying their works. Thailand has always been notorious for its number of piracy issues. It has improved its implementation of IPR and persecution of infringer of IP throughout the past years but it still has to make a huge improvement.
Are you looking for a law firm you can trust with legal service to ensure protection of your copyright assets in Thailand?
Why not SBC Interlaw? Our law firm’s extensive wealth of experience in legal counsel in Asia can help your concerns in intellectual property protection in Thailand. Our background in international law has given our company competitive edge in providing advice and solutions to foreign clients. Our lawyers are committed law experts who have followed our core values of integrity, initiative, and inquisitiveness and ensures quality customer service to our clients.
Contact us by dropping an email or give us a call if you would like to know how SBC’s lawyers can be of service to you by clicking here.
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