Agricultural Intellectual Property Protection in Thailand
Author: Dr. Surawit Wannakrairoj
Technology creation is a key element determining a country’s position in the competitive global arena. In Thailand, the intellectual property protection has been viewed as a tool for developed countries to gain business advantage over less developed countries. However, legislation with a section that provides protection for intellectual property (IP) was introduced in Thailand more than a century ago. Realizing that the country would develop further through innovation, the country has continuously issued and revised IP laws. Agriculture is the main pillar of Thailand’s economic system. Currently, the rights on intellectual property related to agriculture can be exclusively and legally gained and protected in various forms; i.e. patent, petty patent, trade secret, trade mark, geographic indicator, plant variety protection as well as copyright. IP infringer can face both criminal and civil lawsuits. To accelerate the court cases, the Central Intellectual Property and International Trade Court (CIPITC), a specialized court, was established in 1997 to handle all of IP infringements (criminal prosecution, civil enforcement, border measures, anti-counterfeiting online). To avoid the legal action against a small farmer, large commercial enterprises use additional business strategies to maximize the protection measure of their agriculture’s intellectual property.
Illustration Photo: Agricultural Technologies Research Farm in Kamphaeng Saen, Nakhon Pathom, Thailand (Credit: Richard Nyberg, USAID/Flickr CC BY-NC 2.0) https://adalidda.net/posts/Md9gqur4CeZx3C9n7/agricultural-intellectual-property-protection-in-thailand