Category Archives: Intellectual Property

[Part I] AI-Generated Arts and Copyright: Thai Law Perspective

Created by Midjourney, with the following prompt: ‘a natural pool surrounded by wildflowers on the hills, morning sunlight, a little girl wearing a white dress painting near the pool, an orange cat playing around, serene spring, warm tone.’ In the age of artificial intelligence (AI), the boundaries of creativity are being redefined. People who have […]

VICTORY for “GOPRO” AFTER 6 YEARS AGAINST REGISTRAR’S REJECTION

As we step into the new year, let’s celebrate with Our Client “GoPro, Inc.” for declaring its FINAL WIN! …  Thailand Supreme Court now ‘refuse’ to accept the appeal and it has confirmed the Decisions of 1st Court and 2nd Court, whereby a combination of “GOPRO” was held to be inherently distinctive and the DIP […]

CAN YOU “TRADEMARK” YOUR SIGNATURE MOVEMENTS OR ICONIC POSES?

… Should the law be more open for ‘Signature Trademark’? What is ‘Signature Trademark’: – In Thailand, there is no current laws nor any regulations which provides the formal description of the term “signature trademark”. However, if considering the principles of trademark law, it is clear that any photograph, drawing, invented device, logo, name, word, […]

Myanmar New Trademark Law – Grand Opening on 26 April 2023

Myanmar_Grand_Opening

The wait is finally over..! “New era” of trademark protection in Myanmar – “New marks” can now be filed after this “Grand Opening”. Updated Announcement: – The Myanmar Intellectual Property Department (MIPD) has announced that the new trademark registration system will officially launch on 26th April 2023 (“Grand Opening”) with the confirmed filing requirement i.e., […]

Thai Customs Proceedings: New Border Measure Introduced in 2022 Thai Customs IPR Recordation System (“TCIRs”)

Thai Customs to “Block” pirated and counterfeit goods As a veritable filter blocking consignments of counterfeit goods before they are in-and-out the territory, Thai Customs play a pivotal role in intercepting incoming shipments of pirated and counterfeit goods en route to the Thai market by suppressing such goods in connection with importation, exportation, transit, and […]

Posted in IPR

Trademark Guide – Thailand

WE Intellectual Property - Trademark Guide

Thailand Trademark Law and Registration Requirement Registration In Thailand, trademarks (including certification marks, collective marks, and service marks) are governed by the Thailand Trademark Act and must be registered with the Thailand Department of Intellectual Property (DIP). Section 6 of the Act states that in order to be registrable, a trademark must: (1)  be distinctive, […]

Thailand Copyright Act (2022) – New Amendment: … WHY WE NEED CHANGE?

Road To Change: – There are both external reasons and internal reasons why the old law needs an update. External reasons: Thailand now becomes a new member of the WCT (WIPO COPYRIGHT TREATY) which will be effective on October 13, 2022. Thailand must further comply with the Marrakesh Treaty which provides certain exemptions to copyright […]

Trademark Licensing vs. Distributing or Franchising – which needs to be registered in Thailand?

First Question: What is the difference between “Trademark licenses”, “distributorships” and “franchises” under Thailand practice? Trademark Licenses Trademark Licenses refer to a grant of rights to use registered trademark (including service mark or collective mark) to other persons, either for all or some of registered products/services.  A licensor seeks revenue in the form of royalties […]

THAILAND’S COURT “GOES PRO”

GoPro_WEIP

GoPro, Inc. really needs no introduction: the California-based company’s action cameras under their “GOPRO” brand has topped all major tech rankings. But, curiously, despite the brand’s global success, the company has been unsuccessful in registering its house mark, “GOPRO”, in Thailand – until a court has now decided the mark is registrable. WE IP has […]

Three Ages of Incertitude – Thailand’s Struggles to Protect Translation Rights for Foreign Literary Works

Translation Rights for Foreign Literary Works

EPISODE 2 The Second Age (1978 – 1994): A Spider Caught in Its Own Web In 1978, the Copyright Act B.E. 2521 (A.D. 1978) came into force, with the following provision: Section 42: Works protected by copyright under the laws of a country which is party to a convention on protection of copyright to which […]