You Can Now Claim Convention Priority in Thailand

We are pleased to report to you that the National Legislative Assembly of Thailand has ratified accession to the Paris Convention on 10 January 2008. The Ministry of Foreign Affairs deposited the instrument of accession to the Paris Convention on 2 May 2008 and the Paris Convention will be binding on Thailand as of 2 August 2008.

Accordingly, all Thai patent, trademark and design applications filed on or after 2 August 2008 will enjoy the priority claim from any corresponding foreign applications filed in a Paris Convention member state as long as the corresponding foreign applications were filed on or after 2 August 2007 (for patent applications) and on or after 2 February 2008 (for trademark and design applications).

The National Legislative Assembly of Thailand has also ratified accession to the Patent Cooperation Treaty (PCT) on 10 January 2008. The Department of Intellectual Property, Ministry of Commerce, is now in the process of drafting a Ministerial Regulation supporting the accession to the PCT and to accept international applications. After the Council of State who is Thailand’s Legal Advisor approves the Ministerial Regulation, the Ministry of Foreign Affairs will deposit the instrument of accession to the PCT. Accession to the PCT would certainly be after August 2, 2008.

Watch this space for further updates on these issues. In the interim, should you require any further details, please do not hesitate to contact us.

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