Other IP services and legal matters

Other services

Copyright

Although copyright law is territorial in nature, copyright principles are fairly similar worldwide. Copyright grants creators an exclusive right over their original work in a systematic way: creators do not need to take any legal step to preserve their work. As such, it is a legal right which is easily granted to people and infringement can occur without the wrongdoer even realizing that he/she has committed plagiarism and without having any intention to do so.  

According to Thailand Copyright Act, copyright is applicable to certain forms of creative work including literature, theatre, art, music, audiovisual and cinematographic contents, sound recordings, sound and video broadcasting but shall not extend to any idea or procedure, process or system or method of use or operation or concept, principle, discovery or scientific or mathematical theory. The copyright protection will last for 50 years after the death of the creator except in the case of applied arts, where the protection runs only for a period of 25 years from the date of creation or, if made public, the date of publication.  

However, while copyright does not require a formal registration, we strongly advise our clients to file a notification of copyright to the DIP in order to have a proof of ownership to oppose to third parties. This process is fairly simple and it does not take more time than a couple of months to obtain a copyright notification certificate.  

Trade secrets

A trade secret is a method, process or information not accessible to the public. To qualify as such, the trade secret must (1) have a commercial value derived from its secrecy, (2) be disclosed only to a small group of people and (3) actually be kept secret by reasonable means (e.g. through confidentiality agreements).

There is no registration system in place for trade secrets in Thailand. However, to be enforceable before judicial authorities, the owner of the trade secret should ensure that the 3 criteria listed above are met.

We can help you devising strategies and drafting agreements that will ensure that the secrecy of your company’s business’ edges is effectively maintained. Please contact us for more information.

Geographical indications

A geographical indication is a sign used with products that links it to a geographical region and thus to specific attributes or presumed qualities of the product.  

Registering a geographical indication has many benefits, such as giving exclusivity of use of the indication to a specific group and further establishing the reputation of the place where the products are produced.  

A number of conditions are set out by law to obtain the registration of a geographical indication in Thailand. Please contact us for more information.  

IP enforcement and litigation

We assist our clients in protecting their rights by liaising with local enforcement authorities, representation during mediation or arbitration processes or in court for criminal and civil proceedings.

Corporate and business law

TMP Intellectual property is a boutique law firm providing a wide range of Intellectual property legal services but not limited to registration of IP works, enforcing IP rights or IP litigation.  

Apart from these, we provide other legal services pertaining to corporate and business law in Thailand. Please contact us for more information.