Like any other country Thailand has an also formulated a law for protection of intellectual properties. Like, copy rights, patents and trademarks.
At first the law was passed in November 1994.
The patent act of 1979 with provisions made in 1992 that protects pharmaceutical and agricultural machinery and a patent protection for the period of 20 years.
For an invention to be patentable, it must:
Involve an inventive step
Be capable of being made or used for some kind of production activity.
Therefore, the following would not qualify for patents:
Exceptions for patents
An invention widely known or used by others in Thailand before the filing of the patent application
An invention, the subject matter of which was described in a document or printed publication, displayed or otherwise disclosed to the public, in any manner, whether inside or outside Thailand, and whenever the disclosure is by document, printed matter, exhibition or public disclosure by any means whatsoever
An invention that has been granted a patent inside or outside Thailand prior to the date of the patent application
An invention that is the subject of an abandoned application in Thailand. This provision does not affect the rights of co-inventors and others who did not apply for such patent shall not be affected
An invention for which an application for a patent was filed in a foreign country more than 12 months prior to the date of the patent application, the foreign patent not having been issued.
The Copyright protects works falling in the categories of literary work, including computer programs; dramatic, artistic and musical work; audio-visual material, cinematic film, recorded material; disseminated pictures or disseminated sound; or any other works in the fields of literature, science or fine arts.
A copyright belongs to the creator of a work, subject to the following conditions:
In the case of unpublished work, the creator must be of Thai nationality or reside in Thailand or be a national of or reside in a country which is a member of the Convention on the Protection of Copyright, of which Thailand is a member, provided that the residence at all times or most of the time is spent on the creation of the work
In case of published work, the first publication must be made in Thailand or in a country, which is a member of the Convention on the Protection of Copyright. In the case where the first publication was made outside Thailand or in a country which is not a member of the Convention, of the public of the sound work is subsequently made in Thailand or in a country which is a member of the Convention within 30 days from the first publication or the creator has the qualification as prescribed above at the time of the first publication.
In cases where the creator is required to be a person of Thai nationality, and the creator is a juristic person, such juristic person must be established under the Civil and Commercial Code of Thailand.
Copyright protection period
A copyright in literature, drama, artistry or music is valid throughout the lifetime of the creator, and for an additional 50 years thereafter. If the creator is a juristic person, then the copyright will be valid for a period of 50 years after the creation of the work. The copyright for applied artistic work remains for a period of 25 years after the creation of the work.
Thailand has improved its copyright system according to the international standards. But is has to do a lot in order to further improve its intellectual property. Thailand can accomplish this by merely taking a strong actions to improve intellectual property.