Overview of Thailand’s design system

1. Definition of design and object of protection

The design system in Thailand is operated based on the "Patent Law" of the Kingdom of Thailand. Under the Thai Patent Act, a "design" is defined as the shape, pattern, or color of an article (that can be used as an industrial product, including crafts), which gives the article special characteristics. In other words, the external design of a product (article) is subject to protection, and the requirement is that the design is not only artistic but can be used for industrial purposes. In Thailand, designs are also considered a type of "patent (design patent)," and regulations regarding designs are included in the Patent Act.

2. Registration requirements (novelty, creativity, etc.)

To be registered as a design in Thailand, novelty and industrial applicability (ability to be used in industrial products, etc.) are required. Specifically, the following cases are considered "not new":

• Publicly known design: A design that already exists or is in use by the public in Thailand before the filing date (or priority date).

• Document publication: A design whose shape, main parts, and details have been published in publications, etc. that have been distributed domestically or internationally before the filing date.

• First published: A design that became known to the public as a result of the publication of another design application prior to the filing date.

• Imitation of known designs: Designs that are similar to any of the above designs and can be judged to be imitations.

As such, worldwide novelty is required, and designs that are substantially the same or confusingly similar to existing designs cannot be registered. Note that industrial applicability means that the design can actually be manufactured and used as an industrial or handicraft product, and in many cases this is not an issue. On the other hand, designs that violate public order and morals or specific designs stipulated by government ordinance cannot be registered (for example, designs that violate social ethics are not allowed).

Creativity (ease of creation) is not explicitly stated in the current Thai law as an independent requirement, but in practice, when determining similarity with existing designs, it is considered whether the design as a whole has remarkable characteristics (whether it can be easily created from an existing design). The new law amendment bill, which is being prepared as of 2025, will add a requirement for a design to have "special features that cannot be easily created by a person skilled in the art." Regarding novelty, the current law also has certain exceptions.For example, a design that has been exhibited at a government-sponsored or certified exhibition may not lose its novelty if it is filed within the specified period (exhibition exception). The new amendment bill is expected to include a grace period provision that will maintain novelty even if the designer publishes the work himself or publishes it without permission by a third party within 6 months before filing.

The proposed amendment to the Thai Patent Law includes a significant extension of the protection period for design rights. If the amendment bill is enacted, the duration of a design right is expected to be 5 years from the initial registration, and renewable up to twiceevery five years (maximum of 15 years). Renewal requires a specified renewal application and additional cost, but long-term protection of up to 15 years is possible. This revision is also aimed at ensuring consistency with international treaties (Hague Agreement), and is expected to be implemented in the near future.

6. Rights after registration (exclusive rights, prohibited rights, etc.)

When a design is registered (design patent) in Thailand, the holder of the design right is granted an exclusive license (the right to use it exclusively) and a prohibition right (the right to exclude unauthorized use) regarding the registered design. Specifically, a design right holder has the exclusive right to implement (manufacture) a registered design into a product, sell the product, possess or offer it for sale, or import the product. If someone else performs these acts without the consent of the design right holder, it will be an infringement of the design right. Article 63 of the Thai Patent Act stipulates the types of acts that constitute infringement of design rights, which include manufacturing, selling, importing, etc. as mentioned above. On the other hand, there is a provision that states that the act of using a design for non-commercial purposes such as research and prototyping purposes is excluded from infringement; for example, if a design is used for pure academic research, it does not constitute infringement of design rights.

The owner of a design right can also assign (transfer) or license the right to a third party. In the event of a transfer or license agreement, current law requires registration with DIP, which becomes a requirement for protection against third parties and a requirement for validity. The proposed amendment is considering relaxing the notification system. In any case, like Japanese design rights, registered designs can be bought, sold, and licensed as intellectual property, and can be used as business assets.

7. Rights enforcement and infringement response (injunction, damages, penalties, etc.)

For infringement of design rights in Thailand, it is possible to seek legal remedies from both civil and criminal grounds.

civil measure, a design right owner can request an injunction (to stop or prevent infringing acts) from the court against the infringer. It is also possible to make a claim for damages for damages sustained as a result of the infringement. In Thailand, the **Central Intellectual Property and International Trade Court (IP&IT Court)**, which specializes in intellectual property rights litigation, has been established in Bangkok, and intellectual property infringement cases are, in principle, centrally heard in this court. Litigation proceedings are conducted in Thai, and documents such as product photos, design registration certificates, and materials showing the fact of infringement are submitted as evidence. The amount of damages is awarded based on the proven actual amount of damages, but in Thailand, past court precedent has pointed out that the amount of damages tends to be modest. However, there are cases in which large amounts of compensation have been awarded in malicious cases; for example, there is a case in which the Japanese company Honda Motor Co., Ltd. (Honda) won compensation of approximately 16 million baht (equivalent to approximately 50 million yen) in a lawsuit for infringement of design rights. In addition, a lawsuit may order the destruction or seizure of infringing goods.

As a criminal measure, the Thai Patent Law also considers infringement of design rights (patent rights) to be a criminal act. A person who exploits a design without the permission of the design owner may be subject to a maximum of two years' imprisonment or a fine of up to 400,000 baht (or both) (Article 85 of the Patent Law). However, in practice, it is rare that criminal proceedings are immediately taken for infringement of design rights, and it is common for cases to be resolved first through civil means such as sending a warning letter. It is possible for the design right holder to file a criminal complaint with the police against malicious counterfeiters and urge them to investigate and expose them, but it is important to collect sufficient evidence and provide support from a local representative.

Another method to deal with infringements is to use border measures (import suspension) at customs. The Thai Customs Act has a system to suspend the import of products that infringe on intellectual property rights, and holders of intellectual property rights, including design rights, can apply to customs to have the import of infringing products monitored and suspended. In addition, an intellectual property infringement prevention coordination center has been established within DIP, and it is possible to receive administrative support regarding market research and detection of counterfeit products.

It is also necessary to pay attention to the statute of limitations when filing a suit for infringement of design rights in Thailand. Basically, a lawsuit must be filed within one year from the date of knowledge of the infringement and ten years from the date the infringing act was committed (the right to claim lapses due to the expiration of the statute of limitations). Even if discovery is delayed, legal redress becomes difficult after 10 years, so prompt action is required when infringement is discovered.

8. International aspects of the design system (Hague Agreement membership, Paris Convention priority, etc.)

Thailand is a member of the Paris Convention and the WTO's TRIPS Agreement, two of the major international treaties in the field of intellectual property. Therefore, as mentioned above, it is permitted to claim Paris priority (6 months) and file an application in Thailand for a design filed in a foreign country. In addition, although Thailand is not a member of the Locarno Agreement regarding design classification, in practice it is necessary to declare the classification of the product at the time of filing, and classification is done based on the international Locarno classification.

At present, Thailand is not a member of the Hague Agreement (Hague Agreement on the International Registration of Industrial Designs). Therefore, it is not possible to designate Thailand and obtain a design registration in a single international application, unlike in Japan, Europe and America. However, the Thai government is actively promoting accession to the Hague Agreement, and the Thai parliament approved accession to the Hague Agreement in November 2022. Accession requires the preparation of domestic laws and the deposit of an instrument of accession, but the revision of the Thai Patent Act is expected to introduce a system compliant with the Hague Agreement (protection of partial designs, related design system, development of public announcement procedures before registration, etc.). If Thailand officially joins the Hague Agreement Geneva Text in the near future, Japanese design applicants will also have the option of acquiring design rights in Thailand through Hague applications.

Thailand, as a member of ASEAN (Association of Southeast Asian Nations), is also working on harmonizing intellectual property within the region. Under the ASEAN Intellectual Property Plan (ASEAN IPR Action Plan 2016-2025), each member country is striving to strengthen its design field, including joining the Hague Agreement, and Thailand's actions are in line with this. In terms of international aspects, the priority system for design rights complies with the Paris Convention, and it is also possible to apply for priority claims abroad based on design rights acquired in Thailand. When Japanese companies seek to protect their designs in Thailand, they should choose between filing in Japan → filing in Thailand (claiming priority) or filing directly in Thailand.

9. Recent legal amendments and practical points to note

The Thai design system is currently in a period of major change. In the 2020s, a revised bill to completely revise the design-related provisions of the Thai Patent Law is being prepared, and the process for its enactment is still underway as of 2025. The purpose of this revision is to develop domestic laws in preparation for joining the Hague Agreement, speed up examinations, and improve usability.The main changes are as follows.

• Clarification of originality requirements: Regarding "ease of creation," which was previously judged within the scope of novelty requirements, the proposed amendment is expected to add "special features" that cannot be easily devised by a person skilled in the art as a new registration requirement for a design. This makes it clear that designs that are not just new but have a certain degree of creative sophistication are subject to protection.

• Protection of partial designs: The proposed amendment expands the definition of a design, making it possible to protect not only the entire product but also the shape, etc. of a part of a product as the subject of a design patent. For example, if only a part of a product has a characteristic, it will be possible to obtain rights for only that part of the design, which is expected to increase the flexibility of protection.

• Introduction of related design system: A system similar to Japan's "related designs (similar designs)" system will be introduced. The proposed amendment establishes the concepts of main design and related design, allowing similar designs by the same applicant to be filed as related designs within a certain period of time (within 6 months from the filing date of the main design, and the main design has not been published). Related designs can only be transferred and licensed as a set with the main design, and consistent management of rights is required.

• Extension of the duration of design rights: As mentioned above, the current 10-year duration is scheduled to be extended to 5 years + 2 renewals (15 years in total). First, registration entitles you to 5 years, and if you wish, you can apply for renewal up to two times and extend it for an additional 5 years each (additional fees are required for each renewal). This will make it possible to maintain exclusivity for a longer period of time than currently available, although it will not be as long as Japan (25 years).

• Introduction of exceptions to loss of novelty (grace period): After the amendment, a provision will be introduced in which designs that have been published by the designer themselves within 6 months prior to filing, or designs that have been disclosed or leaked without permission by a third party, will be deemed to have not lost novelty. Under the current law, self-disclosure is prohibited across the board, with exceptions such as exhibitions, but the amendment will expand relief measures (*The revised text incorrectly says 12 months, but is scheduled to be revised to 6 months).

• Abolition of design claims: Currently, the "scope of design claims" is required at the time of filing, but the proposed amendment will elimate this requirement. Instead, it is required that the submitted drawings be clear, and it is clearly stated that the scope of rights is basically determined by the design shown in the drawings. However, it is also expected to be stipulated that the name and description of the design at the time of application will be used as a reference for interpreting the scope of rights.

• Improving the efficiency of procedures (early acquisition of rights): In order to speed up the procedures from examination to registration, the proposed amendment will change the flow to formal examination and substantive examination to be carried out consecutively before the application is published, and then the design will be published immediately. The period for filing an opposition after publication is scheduled to be shortened from the current 90 days to 60 days (*There is information that it will remain at 90 days in some of the proposed amendments). It also incorporates minor procedural improvements, such as allowing applicants to voluntary divisional applications as long as they are not published, and establishing a new procedure for minor error correction after registration. These efforts are expected to shorten the time it takes to acquire rights and make the system more user-friendly.

Although the above amendments are expected to be enacted in 2025, the Thai government is aiming to implement the law amendments as soon as possible, keeping in mind the target date for joining the Hague Agreement. According to the latest information, Thailand's parliament has already approved Thailand's accession to the agreement, and once the related government and ministerial ordinances are completed, it is expected that the revised law will come into force and the country will become a member of the Hague Agreement in the near future. In practice, during this transition period, a strategy will be needed to consider obtaining rights after the revision for partial designs and related designs that are not recognized under current law. Additionally, after the revision, there will be more commonalities with Japan's design system, so it is thought that it will be easier to utilize Japanese practical experience in Thailand.

Comparison with the Japanese design system

Finally, I will touch on a brief comparison with the Japanese design system. The term of protection has been extended to ``25 years from the filing date'' in Japan since the 2019 law reform (previously it was 20 years from the registration date), which is a big difference compared to Thailand's current 10 years. In Thailand, the maximum protection period will be 15 years after the reform, but it is still shorter than Japan's 25 years. In Japan, partial designs of articles and image designs (screen designs) can be protected, but in Thailand, there is no system for partial designs under current law, and image designs are limited to cases where image designs are applied to articles (partial designs are planned to be introduced in the revision). The Related Design System also exists in Japan for similar and related designs, but in Thailand, multiple protection of similar designs has not been allowed until now (planned to be introduced after revision). Additionally, Japan has a secret registration system for designs (postponement of publication for up to three years), but there is no system under current Thai law to delay publication (it is expected that the revised bill will allow the publication of a design gazette to be delayed for a certain period of time at the applicant's request). Application procedures In Japan, with the 2020 revision, it is now possible to apply for multiple designs in one application, but in Thailand, it is currently one application per design. Furthermore, as a member of the Hague Agreement, Japan can utilize the international design registration system, but as Thailand is not a member, Japanese applicants must file a separate domestic application. Although there are many minor differences, Thailand is also becoming more similar to Japan due to system reforms. It is expected that Japanese companies will find it easier to apply Japanese practical knowledge to Thailand in the future, and that their options for international design filing strategies will expand.

AUTHOR

Takefumi SUGIURA （杉浦 健文）

EVORIX Intellectual Property Law Firm　Managing Patent Attorney

Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).

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