27 July 2021
On 12 July 2021, the Department of Intellectual Property of Thailand (DIP) conducted an online seminar entitled “Digital Content and IP in New Normal”. The two-part seminar included speakers from the private sector sharing their experience when dealing with IP. The second part contained updates from DIP regarding their services.
The speakers from two Thai, namely 2 SPOT COMMUNICATIONS CO., LTD. and FUNGJAI COMPANY LIMITED, shared their IP experience, mainly in dealing with copyright and trade mark licensing of graphical works abroad. They particularly highlighted:
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The role of China as a key but challenging market, where IP rights should be established first to reduce the risk of infringement action as well as to assist in taking action against copycats;
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Blockchain, smart contracts and use of AI are useful technologies to help track IP rights rather than relying solely on protection through official records and registrations;
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The value of trade mark registration a key tool in showing ownership in a graphical work, in addition to copyright protection.
The suggestion was also made that DIP could provide online trade mark database searches in English to allow foreign brand owners better access.
For the second part, the DIP outlined their e-service improvements for trade marks, patents, and dispute resolution to cope with the impact of the COVID-19 pandemic and allow better access through online tools and virtual meetings. The trade mark “First Action Fast-Track” service allows first office action to be issued within 6 months from filing the trade mark application provided it meets certain criteria. The trade mark “Fast-track Renewals” allows receipt of the renewal certificate within one hour provided it meets certain criteria. More details regarding the trade mark Fast-Track services can be found in our article here.
Updates for Patents include the new E-patent certificate, a new patent and design patent opposition database, and a patent expiry early warning system. The patent E-filing system, which has been available since 2020, will also be updated to include use of AI, teleconsultation and access to patent agents. IP Dispute Resolution Services are also now available remotely through use of electronic communications.
We agree with the speakers that China is indeed an essential, but often challenging, market that requires a comprehensive and tailored IP strategy. We recognise the usefulness of big data in gaining insight when developing a robust IP strategy and adoption of technology and tools available to find novel ways to guard IP in addition to the conventional routes to protection. Rouse has assisted the DIP by providing English translations of goods and services for updating their Guidelines on Specification of Goods and Services and will continue to support the DIP to provide a truly global online website to assist IP rights holders domestically and abroad.
We welcome the services provided by the DIP to cope with COVID-19, and also enhance the public’s access to IP services. Rouse has utilised the E-Filing systems for both trademark and patents and has been keen to use the trade mark fast-track services where applicable.
Nuttachai Unaratana, Principal, Rouse
nunaratana@rouse.com
