The special court now has exclusive jurisdiction to hear both criminal and civil IPR matters and it has already imposed maximum fines in a number of cases. Appeals from decisions of the IPIT Court may be made directly to Thailand's Supreme Court, rather than to the Court of Appeal, (the usual channel).
Recognition of the potential complexity and importance of IPR cases is also reflected in recent moves by both the Attorney General's Office and the Police Department. The Attorney General has established a dedicated team of prosecutors to handle cases involving intellectual property, whilst in April 1997 the police set up a Joint Committee on the Suppression of Intellectual Property Violations. This committee involves participation from the Ministry of Foreign Affairs and the Department of Intellectual Property, as well as the police. In addition to disseminating information to the public, the committee's work includes "suppression activities" and it has been actively involved in organising a number of raids and arrests. The continuing specialisation of institutions with both the expertise and the jurisdiction to deal with IP matters is to be welcomed.
At the legislative level, there has been a fair amount of drafting activity although most of the laws have yet to be passed. Laws have been drafted or are in the process of being considered, in relation to patents and trademarks as well as plant varieties, geographical indications and layout designs of integrated circuits. The majority of the changes are designed to comply with the requirements of TRIPS. In relation to copyright, a sub-committee was set up in late 1997 to examine whether the recent Copyright Act (1994) complies with TRIPS although no further legislation has been promulgated.
On the technical front, Thailand's Department of Intellectual Property is taking steps to modernise through a number of different means. These include electronic on-line searching of trademarks, (currently on trial), the setting up of a comprehensive IPR library, a project to establish an Industrial Property Information Centre containing patent documentation, as well as full automation of the patent system. Thailand has made no secret of its ambition to house any future ASEAN regional trademarks office and many of these improvements are no doubt in part designed to consolidate its position.
In addition to its ASEAN related activities, Thailand also entered into an IPR pact with Cambodia in 1997, (Cambodia's application to join ASEAN is still pending). A memorandum of understanding sets out general areas of co-operation including training, the flow of information, promotion of IPR awareness and reciprocal protection between the two countries.
Rupert Ross-Macdonald is Director of Rouse & Co International's operations in Asia, based in Jakarta, Indonesia
The content of this article is to provide only a general information on the subject. Legal advice should be sought for any specific circumstances.
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