Industrial Designs Law in Thailand
Here’s an overview of the Industrial Designs Law in Thailand:
🇹🇭 Industrial Designs Law in Thailand
📜 Legal Framework
Industrial designs in Thailand are governed by the Design Act B.E. 2526 (1983), as amended.
The law is administered by the Department of Intellectual Property (DIP) under the Ministry of Commerce.
Thailand is a member of major international treaties including:
Paris Convention for the Protection of Industrial Property
Hague Agreement Concerning the International Registration of Industrial Designs
TRIPS Agreement
WIPO
🎨 Definition of Industrial Design
An industrial design is defined as the shape, pattern, or color of a product or part of a product that gives it a unique appearance.
The design must be:
New (novel)
Have distinctive character (individuality)
Protection covers only the aesthetic or ornamental features, not technical or functional aspects.
📝 Registration Process
Authority: Department of Intellectual Property (DIP), Thailand.
Application Requirements:
Completed application form
Clear representations (drawings, photos) of the design
Payment of fees
Examination:
Formal examination for compliance with filing requirements
Substantive examination for novelty and originality
Publication: Registered designs are published in the Official IP Gazette.
⏳ Duration of Protection
Initial protection: 10 years from the filing date.
Non-renewable.
🚫 Infringement and Enforcement
Infringement occurs when the design is used, copied, or exploited without permission.
Enforcement mechanisms include:
Civil lawsuits seeking injunctions and damages
Criminal penalties for counterfeiting
Customs measures to prevent import/export of infringing goods
🌍 International Protection
Thailand recognizes priority claims under the Paris Convention (12 months for designs).
Thailand participates in the Hague System, enabling international design registration.
Foreign applicants can file directly or via international routes.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Design Act B.E. 2526 (1983) |
| Registration Authority | Department of Intellectual Property (DIP) |
| Protection Term | 10 years, no renewal |
| Examination | Formal and substantive |
| International Treaties | Paris Convention, Hague Agreement, TRIPS |
RELATED Blog
0 comments