Intellectual Property Disputes

What is Intellectual Property?

Developing something new or original rarely takes a tangible, traceable form. It rather is about how one applies their mind to create a concept in the first place. Intellectual property (IP) comes in a range of forms and extensive experience as an outstanding lawyer is needed in order to fully come to grips with the nuances of intellectual property law. Whether they are trademark attorneys or lawyers who exclusively handle copyright matters, intellectual property rights must be enforced at all costs.

IP ranges from the ideation of a brand, an invention, design or artistic creation. There are various types of IP available and intellectual property rights thereof. Today's knowledge economy makes intellectual property one of the most important assets to be protected. IP should be strategically managed. Some intellectual property rights require a formal process of application in accordance with intellectual property law, examination and registration are some steps that need to be taken for instance.

Registered intellectual property (IP) rights also act as motivation to creators to innovate with the surety of IP protection without exploitation, not to mention the impact this has on creating great career chances. Juslaws & Consult works with both local and international clients to take into account IP law and litigation matters to allow for IP enforcement.

Types of Intellectual Property

Intellectual property is everywhere, it is part of our life, every logo, novel, slogan, brand, invention, etc., is considered the intellectual property of someone who made them typically these are protected with a patent or trademark.

Intellectual Property rights are categorized differently, however, below are the most common types of Intellectual Property:

1. Trademarks

Trademarks protect a word, phrase, mark, symbol, or logo used to identify the source of goods which are essentially any branding. The administrative demand of trademarks includes domestic and international trademark applications, a trademark attorney also performs trademark availability searches for their clients, sometimes preparing appeals to the Thai trademark office and oppositions from third parties patent applications if needs be.

2. Copyrights

Copyrights are a facet of intellectual property rights that protects creative works like images, photographs, movies, literary works and pieces, etc. Copyright infringement occurs when works protected by copyright are used by a party without the permission of the copyright holder. Copyrights grant the creator exclusive rights such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.

3. Patents

The professional services of an IP lawyer can be rendered in order to acquire a patent. Patents protect the works of inventors such as the process or method of how it was done, articles, machines and etc. A patent is an exclusive right, patents are often granted for inventions that are products or processes which provide new ways of doing things. Patents are typically aligned with technology.

4. Trade Secrets

As the name suggests, they protect the intellectual property of the work of a company from its competitors. For something to qualify as a trade secret it must be commercially valuable because it is secret, the information should be known only to a limited group of people, and it includes the use of confidentiality agreements for business partners and employees.

Intellectual Property Disputes

We are currently living in the digital age, where affordable technologies, access to computer software and the growth of start-up culture have underlined the need for patent and trademark enforcement.  In Thailand, copyright and Trademarks are protected under the tutelage of the Department of Intellectual Property (DIP). Furthermore, in Thailand, the Central Intellectual Property and International Trade Court (CIPITC) specially deals with IP disputes, including infringement and invalidity issues. Intellectual property disputes often involve prosecution as well as litigation and enforcement matters.

A trademark attorney's work in intellectual property disputes is often involved with trademark prosecution and copyright protection.

The majority of the cases we have handled regarding Intellectual Property Disputes are mostly unintentional infringement, however, the law will still see it as an offense. Below are some of the Intellectual Property Disputes we have handled.

Examples of Intellectual Property Disputes

1) Trademark Infringement

In Thailand, when you register a trademark it will be protected by the Department of Intellectual Property and be governed by the Thai laws, so if it happens that someone copies your trademark or tries to steal your trademark, then you can file legal action against the person or company who committed the infringement, with the help of an intellectual property law firm.

2) Copyright Infringement

Should someone steal or use your creative works such as literary works, images, photos, research papers, etc., without your permission, IP law allows you to file a lawsuit against that person.

3) Patent Infringement

Patent prosecution and disputes thereof are applicable if someone is using, selling, or offering to sell your patented claims or inventions. In Thailand, it is mostly regarding those who have created a Glutathione and Collagen supplements are another person/company copied the idea.

4) Trade Secrets Infringement

According to intellectual property law, trade secret infringement applies if another company lacking high-level business ethics tries to steal the very essence of the activities or important information regarding your company such as client database, procedure, lists, etc., then you can file a lawsuit.

Summary

If you have a concern regarding your intellectual property, we suggest you address and consult with extremely knowledgeable legal professionals to make sure you will be given the necessary assistance you require. Intellectual Property disputes are usually a complicated and intricate process when brought to the Thai courts. This is why it is important that IP matters are handled by a highly competent obliging professional.

Such is the nature of every team member at Juslaws & Consult. We are a client-oriented firm with IP lawyers and consultants who can assist you. Whether it is enforcement work, patent prosecution, or even IP registration, Juslaws & Consult are experts in all intellectual property matters.

We are service-minded and constantly look to value our client's well-being. It is our belief that everyone deserves protection. Contact us if you have further inquiries.