This document discusses intellectual property rights (IPRs) such as trademarks, copyrights, patents, and geographical indications. It notes that IPRs give exclusive rights to inventors/creators as a legal protection for their mental labor and innovations. IPRs are justified by natural rights philosophy that property arises from labor, and by incentivizing new research and economic activity. The document outlines national and international IPR frameworks, including Thailand's laws and international agreements like the WTO's TRIPS agreement. It provides details on patent types and qualifications, terms of protection, and rights conferred.

1. Kanya Hirunwattanapong
Faculty of Law
Chiang Mai University
kanya.hi@cmu.ac.th
Management of Intellectual Property Rights (Assets)

2. How important are they in the market – domestic and international?

3. Trade Mark

6. Copyright

7. Geographical Indication: GI

8. Learning the Intellectual Property Law
IP Law gives exclusive right – a monopoly right – to the inventor/creator
IP Law gives a legal protection to the exercising of ‘mental labour’.
Brain
Invention/
Design
Mark
Literary works,
music, films,
photos, comp.
programe,
Trade
Secret
Geographical
Indication

9. Justifications of IPRs Protection
Kanya Hirunwattanapong, Faculty of Law, CMU,
2012
Natural Rights
It is ‘natural right’ of an inventor/creator to exclusively use or exploit
a consequence of his mental labour.
It co-insides with John Locke’s philosophy (1632-1704). He argues
that property is a natural right and it is derived from labour.
Innovation and Economic Incentives
The protection of intellectual property rights facilitates economic
activity and encourages new researches (H.C. Anwalt; J.H. Barton).

10. Where intellectual property law stands ?
National/Domestic
•Thailand’s IPRs
•Patent
•Trademark
•Copyright
•Geographical Indication
•Trade Secret
•Integrated Circuit
Regional
•Europe
•European Union – Single
Market – Free
Movement of Good
•ASEAN
International
•World Intellectual
Property Organization
(WIPO)
•World Trade Organization
(WTO) – Trade Related-
aspects of Intellectual
Property Rights (TRIPs)
1995
•European Patent
Convention 1978
Kanya Hirunwattanapong, Faculty of Law, CMU,
2012

11. Patent
Legal protection given to – Invention (not discovery), i.e.,
product/process/improvement of product or process
Three qualifications of the invention – new (worldwide novelty)/inventive
step/industrial application
Term of protection – 20 years since the application in exchange for the full
disclosure of the invention, and be ‘Public Domain’ afterward
Exclusive rights – economic right to use/sell/license/import (with first sale
doctrine or exhaustion of right)

12. Not invention & unpatentable – plant/animal/natural micro-organism/human and animal
treatment and diagnoses, principles or theories, conflict with public order
Commercialization of Patent – permission + royalty/licensing agreement/transfer the right
Petty Patent
Invention that is new & industrial applicable (no inventive step required);
Duration of legal protection – 6 years + renewable twice (2 years each);

13. Design Patent

14. Duration of legal protection – 10 years since the application
Qualification of the design being protected – new design for industry and handicraft
Being new – includes no similarity to those already available to the point of misleading
consumers
Exclusive right – use the protected design/import (no first sale doctrine)

15. European Patent Application per Country

16. Top Areas of Patent Application