Developing something new or original rarely takes a tangible, traceable form. It instead is about how one applies one's 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 to 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.
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:
Trademarks protect a word, phrase, mark, symbol, or logo used to identify the source of goods which are essentially any branding.The administrative demand for 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.
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 distribute, reproduce, perform or display the protected work, or to do derivative works.
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.
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. 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 often involves trademark prosecution and copyright protection.
The majority of the cases we have handled regarding Intellectual Property Disputes are mostly unintentional infringements. However, the law will still see it as an offence. Below are some of the Intellectual Property Disputes we have handled.
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.
If you have a concern regarding your IP assets, 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.
What does infringing intellectual property rights mean?Intellectual property infringement constitutes the violation of any intellectual property rights. For instance, if a company creates a listing containing another company's logo or trademark without acquiring permission for the owner of the intellectual property, they are infringing intellectual property rights.
How do I register a trademark according to the trademark act?
Trademark registration is done through the Department of Intellectual Property of Thailand if they have a permanent residence in Thailand and therefore have a power of attorney. The Thai trademark act has 34 classifications under the trademark act for goods and services. Once you submit your trademark application in the Thai language, you will receive the result within twelve to eighteen months.
Are petty patents protected in Thailand?
Petty patents in Thailand protect new inventions that have an industrial application but lack an inventive step. Such patents are protected for ten years in Thailand, as opposed to an inventor's patent, which receives twenty years of protection against a criminal offense as demanded by the patent act.
What are the benefits of the amended copyright act of Thailand?
The copyright act extends the protection of photographic work to align with international standards. The copyright act also offers various mechanisms for search engine ISPs and hosting ISPs to report content infringement on easily accessible channels to protect the copyright owner against unauthorized use of trade information.
Can a company receive both trade secrets and patent protection?
Specific companies can opt for both. For example, the Thai National Science and Technology Development Agency established a process of reusing wasted rubber as a result of rubber latex transformation. The process itself was patented, but the precise trade information regarding the acidic compounds used in the process was kept as a trade secret, giving the process its commercial value and secured by appropriate measures such as non-disclosure agreements and confidentiality clauses in contracts of employment.
What can I register as intellectual property?
- Patents such as petty patents, inventions, and product and industrial designs
- Marks such as service marks, trademarks, collective marks, and certification marks
- Copyrights such as artistic works, musical works, dramatic works, literary work, cinematographic works, computer software, audio and visual works, and more.
What are the classifications of the Courts of Justice of Thailand?
There are three different levels of the Courts of Justice in Thailand, namely the Courts of Appeal, the Courts of First Instance, and the Supreme Court.