Region: Thailand

Dior wins the HIGHER ground

In <i>Perfume Christian Dior v Sitarakm</i>, the Central Intellectual Property and International Trade Court has ruled that the marks HIGHER and HI-ER were not similar. The court implied that similarity in pronunciation only becomes a relevant criterion if the marks are substantially similar in appearance.

30 January 2004

GIs soon to be protected in Thailand

The Senate has passed the Geographical Indication Act, despite some concern that it would offer more protection to foreign interests than to Thai products. The bill, which will bring Thailand's legislation in compliance with Articles 22 to 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, is expected to become law before the end of April 2004.

12 January 2004

Descriptive TWO WAY mark gives way to new registration

In <i>UB Chemical Industry Company Limited v Trademark Committee</i>, the Supreme Court has dismissed the plaintiff's opposition to the registration of SUN MELON TWO WAY CAKE and device. The court held that the plaintiff's TWO WAY mark and variations thereof were not distinctive, and could not be protected.

07 October 2003

New border control initiatives implemented in Thailand

A new division within the Royal Thai Customs has been created. It is hoped that the new body, known as the Investigation and Suppression of Intellectual Property Violations Division, will further help to stem the trade in counterfeit goods. The creation of this new division is part of a move to improve border and customs controls in Thailand.

29 September 2003

Success for Sony in trade name dispute

In <i>Sony Kabushiki Kaisha v Sony Impex Company Limited</i>, the Supreme Court of Thailand has upheld a decision of the Central Intellectual Property and International Trade Court that a trade name should not be accepted for registration if its use would cause confusion due to the existence of a similar prior registered trade name, trademark or service mark.

17 September 2003

Thai IP court gets tough on infringers

Two decisions issued by the Thai Intellectual Property and International Trade Court seem to signal a new regime of harsher punishment for convicted counterfeiters. The court has been the target of criticism, particularly from foreign commentators, suggesting that the sentences imposed on offenders have been too lenient and have done little to curb counterfeiting in Thailand.

11 July 2003

Trademark Board decisions can be overruled, says Supreme Court

The Supreme Court of Thailand has ruled that a final decision of the Trademark Board, issued under Section 18 of the Trademark Act, can be overruled by the courts. In so doing, the Supreme Court upheld a lower court's decision to overturn the Trademark Board's refusal to register Swiss food giant Nestlé's TRUSTY trademark for pet food.

14 May 2003

Draft declarations issued on distinctiveness and classification

The Thai Department of Intellectual Property has released two draft declarations, which are expected to come into force in May, revising the criteria for establishing acquired distinctiveness and highlighting changes in procedure necessary for Thailand to adopt the Nice Classification.

14 April 2003

New geographical indications regulations issued

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 TRIPs and clarify administrative and procedural issues.

19 February 2003

Senate passes geographical indications law

The Senate has approved the Department of Intellectual Property's Geographical Indications Bill. The new law will considerably improve the protection of Thai geographical indications and help fulfill the country's obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights.

07 February 2003

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