Trade-Related Aspects of Intellectual Property Rights - Laws and Regulations under TRIPS Art. 63.2

Main dedicated intellectual property law or regulation (Main laws and regulations must be notified in a WTO language (English, French or Spanish). Where an authentic national text of a law or regulation is not available in a WTO language, the authentic text of that law or regulation in a national language shall be notified, in addition to the translation into a WTO language.)

Other law or regulation (Other laws and regulations can be notified in a Member's national language)

6. Brief description

Trademark Act (No. 2) B.E. 2543 : The reasons for enactment of this Act are as follows. The plurilateral trade negotiation at Uruguay Round where many countries had agreed on TRIPS and the establishment of World Trade Organization (WTO) had been achieved with success and came into force. Therefore, Thailand, as a member of WTO, has an obligation to implement the aforementioned agreement in order to achieve an efficient protection of intellectual property. Also, it is expedient to revise the conditions, characteristics and the prohibitions of registration of trademarks, the cancellation and the related procedures, the collection of publication’s fee and the composition, power and duties of the Trademark Board, as well as to provide for the assignment of the officer under this Act and to enhance the power of Registrar in considering the opposition to the registration. It is, therefore, necessary to enact this Act. Trademark Act (No. 3) B.E. 2559 (2016) : The reasons for enactment of this Act are as follows. Nowadays, protection of trademarks at the international level extends to new types of marks which are not covered by the provisions of the Trademark Act B.E. 2534. Also, as Thailand would accede to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) the salient feature of which provides for the filing of a single international application for protection of trademarks, service marks, certification marks and collective marks in the member states, it is expedient to expand the scope of trademark protection and to amend the provisions of the relevant part of this Act to conform to the said Madrid Protocol. Besides, as packagings or utensils bearing another person’s registered trademark, certification mark or collective mark are used deceptively thus causing damage to the public and the said trademark owner, it is expedient to penalize and determine penalty for the said act. It is also expedient to revise the registration procedure and time period for more clarity and explanation and to amend the official fees annexed to the Act for more appropriateness. It is, therefore, necessary to enact this Act.

7. Date of entry into force

Date of entry into force (DD/MM/YYYY)

Please provide explanation if necessary

Trademark Act (No. 2) B.E. 2543 (2000): 30 June 2000 Trademark Act (No. 3) B.E. 2559 (2016): 28 July 2016 except provisions related to trademark registration under the Madrid Protocol which have entered into force since 7 November 2017.

8. Other date

Adoption, or

Enactment, or

Publication, or

Issuance by legislature or executive

None

DD/MM/YYYY

Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Main information

1. Notifying Member

2. Subject matter

3. Notification status

4. Title of law or regulation

5. Nature of notification

6. Brief description

7. Date of entry into force

8. Other date

9. Other information (if applicable)

10. Contact information of agency or authority responsible

11. Link to Legal text

12. Notes