Intellectual property

The Madrid Protocol is an international treaty establishing a system for the registration of international trademarks. Thailand finally joined the other ASEAN countries Brunei, Cambodia, Laos, Philippines, Singapore and Vietnam on August 7th, 2017 by becoming the 99th member of the Madrid System. The Protocol will enter into force in Thailand on November 7th, 2017. Ministerial Regulations detailing the registration procedure and costs are expected in the coming months.

Thailand 4.0 stands for the new stage to transform the country currently relying on heavy industries (3.0 stage) into a creativity and innovation-driven economy. Trade secrets are definitively value-based and could help pursing Thailand 4.0. On 14 March 2017, the Thai Department of Intellectual Property (DIP), the US Patent and Trademark Office (USPTO) and the Legal Committee of the American Chamber of Commerce in Thailand, joined by legal practitioners and business owners, gathered to discuss an all too often neglected intangible asset owned by almost any business: trade secrets.

The latest legislative developments in the tobacco sector in Thailand are worrying the tobacco industry but also the food and beverage sectors as similar regulations may follow. The content of the draft Thai Tobacco Product Control Act ("TPCA") regulating the packaging and labeling of tobacco products has first been introduced in 2010 under a different Bill named draft Tobacco Consumption Control Act (or “TCCA”), and shows the ever growing restrictions imposed on the tobacco industry in Thailand.