Intellectual Property Law in Thailand plays a crucial role in protecting creative, technological, and brand-based assets in a growing knowledge-based economy. As Thailand becomes increasingly active in global trade, innovation, and digital services, safeguarding intellectual property (IP) is more important than ever. Whether you’re launching a new brand, developing a product, or licensing creative content, understanding how Thai IP law works is essential to protect your rights and maintain a competitive edge.
Thailand is a signatory to major international treaties, including the TRIPS Agreement, WIPO Convention, Berne Convention, Paris Convention, Patent Cooperation Treaty (PCT), Madrid Protocol, Marrakesh VIP Treaty, and WIPO Copyright Treaty. These memberships not only enhance cross-border IP protection but also streamline international filings—especially for patents and trademark registrations.
Domestically, Thailand’s IP system is governed by specific legislation, such as the Patent Act B.E. 2522 (1979) (as amended), the Trademark Act B.E. 2534 (1991) (as amended), the Copyright Act B.E. 2537 (1994) (as amended), and the Trade Secret Act B.E. 2545 (2002) (as amended). These laws are administered by the Department of Intellectual Property (DIP) under the Ministry of Commerce. Effective protection requires compliance with local laws, proper registration, and—in many cases—ongoing legal management. Therefore, consulting a qualified patent attorney or trademark lawyer in Thailand is strongly advised.
What Is Covered Under Intellectual Property Law in Thailand?
IP lawyers in Thailand assist individuals, startups, and corporations with a wide range of legal services related to intellectual property creation, registration, management, commercialization, and enforcement. Their work helps businesses legally protect their innovations and prevent others from using, copying, or profiting from their ideas without permission.
Here are the main areas covered under Thai intellectual property law:
Trademark Law in Thailand
Trademarks in Thailand are governed by the Trademark Act B.E. 2534 (1991), as amended. Protection is available for names, logos, symbols, and other distinctive signs used in connection with goods or services.
Only registered trademarks enjoy full protection under Thai law. The Department of Intellectual Property (DIP) is responsible for examination, registration, renewal, and recordation of changes. Thailand is also a member of the Madrid Protocol, allowing for international filings designating Thailand.
A trademark attorney or trademark agent can assist with:
- Conducting trademark searches
- Advising on trademark class selection and goods/services specifications
- Filing and prosecuting applications before the DIP
- Respond to DIP office actions, and handle oppositions, appeals or cancellations
- Managing renewals every 10 years to maintain protection
- Recording changes to ownership, name, or address to ensure enforceability
- Enforce trademark rights and handling trademark infringement claims
- Drafting or reviewing trademark licensing and assignment agreements
Proper registration is essential to avoid brand misuse, particularly in high-growth or export-focused industries.
Patent and Petty Patent Protection
Patent protection in Thailand is governed by the Patent Act B.E. 2522 (1979), which covers Invention Patents (valid for 20 years) and Petty Patents (Utility Models) (valid for 10 years). Thailand is also a member of the Patent Cooperation Treaty (PCT), allowing applicants to enter the PCT national phase in Thailand following an international filing. Patentable subject matter includes products, processes, and certain technical improvements. However, some things—like algorithms, methods for business, methods of treatment, plants, and animals—are excluded.
A licensed patent attorney or registered patent agent in Thailand typically assists with:
- Drafting patent applications in accordance with Thai legal requirements
- Conducting a patent search to assess novelty or prior art
- Filing patent applications, including filing PCT national phase applications
- Responding to DIP examination reports and objections
- Filing oppositions or invalidation requests
- Advising on patent infringement matters
- Providing patent landscape assessments for R&D or investment
Patent lawyers help protect inventions before commercial release and prevent unauthorized use by competitors.
Design Protection (Registered Designs)
Design protection in Thailand is governed under the Patent Act B.E. 2522 (1979), as amended. While Thailand is currently not a member of the Hague Agreement for international design registration, legislative revisions are underway to incorporate provisions that would allow accession in the future.
A design patent in Thailand protects the ornamental or aesthetic features of an article, such as:
- Product shapes and packaging
- Fashion or industrial items
- User interface elements (in eligible cases)
Protection lasts for 10 years from the filing date and requires that the design be novel and not publicly disclosed before application. Design patent lawyers assist with:
- Preparing and filing design applications with the DIP
- Responding to objections during examination
- Enforcing rights against imitation or counterfeit designs
- Advising on licensing or sale of design rights
Copyright Law in Thailand
Copyright in Thailand is governed by the Copyright Act B.E. 2537 (1994), as amended. This law provides automatic protection for original literary, artistic, and scientific works without the need for formal registration. Protected works include:
- Books, articles, and written content
- Computer programs and software
- Musical, photographic, and audiovisual works
- Architectural and design drawings
- Film, media, and broadcast productions
Although registration is not required for protection, recordation of copyrighted work can be useful as evidence of ownership in enforcement cases. Copyright lawyers in Thailand assist with:
- Recording works with the DIP for evidentiary purposes
- Drafting licensing and royalty agreements
- Enforcing rights against unauthorized reproduction, performance, or distribution
- Negotiating settlements in infringement cases
Thailand is a party to the Berne Convention, WIPO Copyright Treaty, and Marrakesh VIP Treaty, further enhancing international recognition of copyrights.
Trade Secrets and Confidential Information
The protection of confidential business information is governed by the Trade Secret Act B.E. 2545 (2002), as amended. Trade secrets include information such as formulas, methods, customer data, and internal processes that:
- Are not publicly known
- Provide commercial value
- Have been subject to reasonable measures to maintain secrecy
Unlike other forms of IP, trade secrets do not require registration. However, legal protection applies only when the owner takes reasonable measures to maintain secrecy. These measures may include contractual safeguards, as well as internal controls, access restrictions, document labeling, employee training, and technical security protocols. Lawyers can assist by:
- Drafting NDAs and confidentiality clauses in employment or partnership agreements
- Advising on internal protocols to protect trade secrets
- Representing clients in misappropriation or breach of confidentiality disputes
Trade secret protection is especially relevant in high-tech, pharmaceutical, and service industries where know-how is a key asset.
IP Licensing and Assignment
Commercializing intellectual property in Thailand often requires well-structured legal agreements to ensure both protection and profitability. IP lawyers assist with:
- Licensing trademarks, software, creative works, or patents to third parties
- Drafting technology transfer agreements for know-how or patented innovations
- Structuring franchise and distribution agreements to expand brand presence
- Assigning ownership to local subsidiaries, affiliates, or joint venture partners
- Incorporating robust IP clauses into broader commercial agreements such as joint ventures, partnerships, or agency contracts
Contractual clarity is key to avoiding disputes and enabling revenue generation. If you’re developing these agreements, it’s worth exploring related guidance under Contract Law in Thailand.
IP Strategy, Ownership, and Commercialization
Effective intellectual property strategy begins with clear ownership structures and long-term commercialization goals. Whether you’re building a portfolio of trademarks or managing proprietary technology, how and where your IP is held can impact tax planning, licensing, investor confidence, and enforcement rights.
IP lawyers in Thailand assist with:
- Structuring ownership of IP assets between founders, companies, and shareholders
- Holding IP in Thai subsidiaries, holding companies, or joint ventures for tax or regulatory purposes
- Planning commercial rollout through brand expansion, licensing, or partnerships
- Protecting IP during corporate restructuring, mergers, or investment rounds
- Advising on monetization strategies that align with long-term business goals
These strategic decisions are closely linked to company structure and digital operations. For example, entity setup, shareholding, and governance issues often require coordination with Business & Corporate Law, while the use of IP in software, digital platforms, or content businesses may involve considerations under Technology & Media Law.
IP Enforcement and Infringement Actions
If someone violates your IP rights, lawyers can help with:
- Sending cease-and-desist letters
- Filing complaints with DIP or Thai Customs
- Initiating civil or criminal proceedings
- Working with the police or the Department of Special Investigation (DSI)
IP enforcement in Thailand can be challenging—so legal guidance ensures proper procedure and the best chance of success.
Who Should Hire an Intellectual Property Lawyer in Thailand?
IP lawyers provide strategic value for anyone looking to protect intangible assets. You should consider hiring an IP lawyer if you are:
- Launching a new brand or product in Thailand
- Registering a trademark, patent, or design
- Licensing or franchising your intellectual property
- Developing software or content to be distributed or sold
- Expanding a business internationally and needing local IP support
- Facing infringement of your brand, invention, or copyrighted content
Whether you’re an artist, startup, tech company, or international brand, legal advice helps you avoid costly mistakes and preserve the value of your ideas.
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FAQs About Intellectual Property Law in Thailand
Do I need to register my trademark in Thailand?
Only registered trademarks are protected under Thai law. Common law protection is limited and difficult to enforce.
How long does it take to register a trademark in Thailand?
Typically, 12–18 months from filing to registration, assuming no objections or oppositions.
Can I get patent protection in Thailand for my invention?
Yes, if your invention meets novelty, inventive step, and industrial applicability. You can also file via the PCT route.
Does Thailand protect software under copyright or patent law?
In Thailand, software is protected under copyright law. Software algorithms and business methods are generally not patentable.
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