Thailand: Tilleke & Gibbins Obtain Favourable Decision from the Thai Supreme (Dika) Court
Last Updated: 14 March 2002

Tilleke & Gibbins International Ltd., consistently voted since 1997 as one of the top two IP firms in Thailand, recently obtained a favorable decision from the Thai Supreme (Dika) Court upholding the right of its client, International Nutrition Company, to use and file trademark applications for "PYCNOGENOL". The word PYCNOGENOL was invented by French Professor Jack Masquelier in 1979 for use as a trademark on a dietary supplement created from extraction methods he had invented and patented. Prof. Masquelier founded Le Centre d' Experimentation Pharmaceutique sarl (CEP), which distributed the goods on which the trademark was used. In 1971, CEP appointed a Guernsey registered firm (the opposite party) as the exclusive agent to market CEP's products. Prof. Masquelier gave authorization to CEP to use the word PYCNOGENOL in 1987, while he granted the client the right to use and file trademark applications for PYCNOGENOL worldwide in October 1990.

When the client applied for registration of the trademark in Thailand in 1993, the opposite party filed suit with the Central Intellectual Property and International Trade Court (IP&IT Court) claiming infringement. On behalf of the client, Tilleke & Gibbins obtained a favorable decision from the IP&IT Court, which ruled that the client had a better right to the trademark. The plaintiff appealed to the Supreme Court against the IP&IT Court's decision, but the Supreme Court upheld the lower court's ruling. An important factor which led to the Thai Supreme Court's favorable decision was the evidence proving that the client had received a power of attorney from Prof. Masquelier, who had intended "PYCNOGENOL" to be used commercially. Although the opposite party had some evidence to prove that they had used the trademark before CEP, they had actually used the trademark as agents of CEP.

Tilleke & Gibbins International Ltd. is the oldest and one of the largest full-service independent law firms in Thailand. More detailed information on its services, offices, and attorneys can be found on the company's web site at The firm, which will celebrate its 110th anniversary in 2003, welcomes email and other inquiries.

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