New geographical indications regulations issued

Thailand

The Department of Intellectual Property has issued regulations, under the new Geographical Indications Law, governing applications to register the use of geographical indicators. The regulations essentially follow the provisions set out in the Agreement on Trade-Related Aspects of Intellectual Property Rights.

The most important aspects of the new regulations are the following:

  • Applications to register geographical indicators can be filed in person or through an agent, and they will be processed without charge by the Department of Intellectual Property.

  • The use of geographical indicators is not restricted to Thai citizens.

  • Any government body responsible for a particular region, any natural or legal person manufacturing or producing goods in the region, or any natural
    or legal person using goods from the region in manufacture can apply for registration.

  • If an application is refused by the responsible officer, the matter can be referred to the director of the Department of Intellectual Property. Although there are no express provisions for further administrative or judicial review, the Central Intellectual Property and Trade Court will normally have jurisdiction to hear appeals.

For background discussion of the Geographical Indications Law, see Senate passes geographical indications law.

Steve M W Benhar, Dej-Udom & Associates, Bangkok

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