Design

Industrial design law

In Thailand, the protection of industrial designs is set for a minimum period of 5 years, which may be extended for periods of 5 years, up to a maximum period of 25 years. It is governed by the Thai Patent Act B.E. 2522.

Thai industrial designs must be filed with the DIP. European Union designs may be filed with the EUIPO.

There is also an international registration procedure whereby a single international deposit can be made with WIPO to designate as many Contracting Parties as desired, in accordance with the Hague Agreement concerning the International Registration of Industrial Designs.

Only a design which is new and has its own character may be protected. This is characterized where no identical design has been disclosed by the filing date of the application for registration (or the claimed priority date) and where the overall visual impression it gives to the informed observer differs from that produced by any design disclosed before the filing date of the application for registration (or before the claimed priority date).

Subject to being original, a registered design also benefits from copyright protection.

Infringements of the rights attached to protected designs may be the subject of an infringement action, possibly accompanied by an action for unfair competition.

Assistance and follow-up within the framework of:

• Filing of designs before the competent offices (INPI, OHIM, WIPO);

• Carrying out prior art searches among designs;

• Filing of customs surveillance files;

• Representation in design disputes.