Thai IPR Developments - March 1997 - March 1998

The most publicised, and probably most significant, development of the past year has been the opening of Thailand's Central Intellectual Property and International Trade, (IPIT), Court, which took place in December 1997. Important features of the new court include specially appointed associate judges, (with particular intellectual property experience), who must form at least one of the panel of three judges on the bench. Exceptional procedures have also been provided for, including the admissibility of affidavit evidence and documents in foreign, (i.e. non-Thai), languages and the court also may also grant ex parte search orders and emergency injunctions.

The special court now has exclusive jurisdiction to hear both criminal and civil IPR matters and it has already imposed maximum fines in a number of cases. Appeals from decisions of the IPIT Court may be made directly to Thailand's Supreme Court, rather than to the Court of Appeal, (the usual channel).