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14 November 2019

Seven counterfeit hotspots in Thailand that brand owners need to know about

In the next edition of our series on physical marketplaces across the world that reportedly engage in the trade of counterfeit goods, we head to Thailand.

07 June 2018

New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.

22 March 2018

Thailand: franchising agreements and how to enforce them

As part of our deep dive into franchising in Asia and South America, we turn our attention to enforcement and termination rules in Thailand.

01 March 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America.

30 November 2015

Business Collateral Act to help IP owners obtain financing more easily

The Business Collateral Act, which was recently published in the Royal Thai Government Gazette, is expected to help IP owners obtain financing from financial institutions more easily. Under the act, IP owners will be able to use their IP assets as collateral to secure loans without delivering these assets.

10 September 2015

Licensing Facilitation Act to enhance trademark registration procedures

In an effort to reduce excessive bureaucratic procedures for obtaining registrations or licences, Thailand has recently enacted the Licensing Facilitation Act. As required under the act, the Department of Intellectual Property published 33 public manuals issued by five offices, including the Trademark Office. It is expected that the act will make the registration of trademarks faster, but this will depend on how the authorities implement the public manuals in practice.

15 November 2013

Starbucks falls prey to accusations of bullying in trademark dispute

Damrong Maslae and his brother Damras are two independent Thai coffee vendors who have recently become caught up in what has been labelled a ‘David vs Goliath’ battle after their company Starbung was sued by Starbucks for trademark infringement. While the case has now been settled, it highlights the difficulties facing trademark counsel who are concerned that certain enforcement actions could lead to negative publicity.

11 November 2013

Taking positive strides to overcome brand missteps in Asia

A Thai company owned by Unilever recently came under fire for promoting its skin-whitening products by offering cash prizes to students. In light of a social media backlash that criticised the brand for appearing to link education to fair skin, Unilever Thai Trading issued a public apology over any misunderstanding regarding the campaign. Brand consultants advise that companies which find themselves in hot water should react in exactly this way - quickly, transparently and honestly – to minimise any potential brand damage.

12 September 2013

The world’s first BioEconomy Academy’s ambitious plans to brand and market GIs

Rouse has entered into a partnership with Thailand’s Biodiversity Economy Development Office and the United Nations Development Agency to launch the world’s first BioEconomy Academy. The academy will work closely with WIPO to create branding strategies for Thailand’s geographical indications, and its efforts to highlight the importance of IP could improve the domestic framework for all brands and give Thai companies a renewed focus on international markets.

18 May 2011

Registration of licence agreement to be compulsory if used for franchise

The Department of Business Development of the Ministry of Commerce has organised a public hearing on a new act entitled the "Franchise Business Operations Act BE". Under the new law, the registration of a trademark licence agreement will be compulsory if the trademark owner uses the mark at issue in association with a franchise business.

24 April 2007

Restaurant name dispute resolved by IP & IT Court

The Intellectual Property and International Trade Court has issued a decision clarifying the ownership of a trade name following the sale of a restaurant business. Rejecting a claim that ownership of the trade name had not transferred at the time of sale, the court held that the new owners had acted in good faith in their use of the name.

06 February 2007

ESSO unregistered licensing agreement invalid

The Thai Supreme Court has affirmed a lower court decision that a licensing agreement between Esso and a local petrol station operator, which was part of a broader agreement, was invalid because it had not been registered with the trademark registrar. This highlights the importance of complying with the Trademark Act requirements.