Protection for Geographical Indication in Thailand Mrs. Pajchima Tanasanti Director of Trademark Office Act on Protection of Geographical Indication B.E.2546 (2003) Jasmine Rice from Surin Example of Thai GIs. Pamelo from Nahornchaisri Salted Egg from Chaiya Grilled Pork from Trang Praewa Thai silk from Kalasinth Earthernware from Koh Kred Thai GI system (1) A geographical indication which may be applied to register name symbol or any other thing which is used for calling or representing a geographical origin. which can identify the goods originating from such geographical origin where the quality, reputation or other characteristic of the goods is attribute to the geographical origin Thai GI system (2) Goods : • Agricultural products • Industrial products • Handicrafts Thai GI system (3) Foreign GI Applieations (Section 6) must be explicit evidence that such geographical indication is protected under the law of such country has been used continuously until the date of filing an application for registration in Thailand Thai GI system (4) The person who can apply for registration (Section 7) Government agency having area of responsibility covering the geographical origin of the goods. Producer or traders domiciled in the geographical origin of the goods. Consumers (groups or organigation) using geographical indication. Thai GI system (5) The person who can use registered geographical indication (Section.25) The producers of the goods in the geographical origin of the goods The traders related to the goods Pre-registration Procedures Grouping to study the possibility and determinate which products require protection Production standard Draft Specification and Production Standards Legal Registration Boundary setting Linkage Between Product and Bounda Verification GI Control Mechanisms Promotional strategy of the Geographical Indication Legal geographical indication registration procedure Expert Application form Examinatio n acce pted rejecte d Publication (90 days) Registr ation Litigation Appea l Object ion Thai GI system (6) Revocation of geographical indication Grounds for revocation Section 22 The application for registration was unlawful Section 23 The situation has changed and caused the geographical indication consist of any prohibited feature Thai GI system (7) Unlawful GIs using: General Goods (Section27) the use of a geographical indication to show or mislead other persons that the goods not originating from the geographical origin specified in an application for registration are goods origination from that geographical origin. The use of a geographical indication in any manner which causes confusion or misunderstanding as to the geographical origin of the goods so as to cause damage to other traders. Thai GI system (8) Unlawful GIs using : Specific Goods (Section28) The use of geographical indication with the goods not originating from the geographical origin even if not cause confusion in there origin, the use of the expressions “kind”, “type” or “style” Except for the geographical indication has used such geographical indication for a continuous period of ten years before April 15, 1994 Minister has authority to announce any types of goods as specific goods by prescribing them in Ministerial Regulations. Thai GI system (9) Penalties Section 39 Any person who commits any act under Section 27 shall be punished with a fine not exceeding two hundred thousand baht Section 40 Any person who commits any act under Section 28, paragraph two shall be punished with a fine not exceeding hundred thousand baht. GI Activities Providing Ministerial Regulations and Announcement of DIP Draft guideline for registration Brainstorm on GIs goods (345 items) GI registration in Thailand Thai GIs Trang Roast Pork Nakornchaisri Sriracha Pineapple Pomelo Surat thani Oyster Phetchabun Sangyod Muang Phatt Sweet Phulae Pineapple Tamarind Nang Lae Pineapple Doi Tung Sakon Dhavapi Haang Coffee Aromatic Rice Phurua Plateau Wine Chainat Foreign GI Pisco Champagne Nakornchaisri Pomelo General geography : Basins flown by Ta Jeen River, without mountain in the districts of Nakorn Chaisri, Sampran, and Budhamonton are hence fertile and beneficial to agriculture. Climate : Tropical area , annual rainfall 700 – 1500 mm. Soil : Sticky and brown, slightly acidic to alkaline with 6.5 – 8.0 pH. Kalasin Prea wa Thai Silk ผาไหมแพรวา กาฬสินธุ เริ่ม ตน Control System Internal Control - Manual of Producer - Registration Producer - Authorized GI symbol - Local committee External Control - Public / Private body e e so Geographical Indication Protection 1. 2. 3. 4. 5. 6. Consumer Protection Manufacturer Protection and Prevention of Unfair Competition Value-added Goods and Marketing Tool Product Quality Control Rural Income Distribution and Local Industry Promotion Building a Strong Community and Conservation of Local Intelligence The Protection of Intellectual Property : Hom Mali rice Trade Mark • Trade Mark • Certification Mark (Thai hommali rice) Plant variety • White Jasmine 105 • RD 15 Geographical Indications • Surin Hom Mali rice • Tung ku la rong hai Hom Mali D IP Thank You Department of Intellectual Property www.ipthailand.org
© Copyright 2026 Paperzz