Confidential information is information that is not in the public domain. They mainly include the following:
1. Intellectual property assets: copyrights, software, brands, product designs, inventions, trade secrets, patents) which are not in the public domain.
2. Information relating to technology (for example concerning the composition of a product, a new invention or process) and know-how.
3. Business, marketing and financial information and strategies (including for example data, reports, analyzes, compilations, estimates, projections, forecasts, interpretations, records, charts, diagrams, studies, results, specifications, assets, operations, finance condition, marketing , planning and pricing policy, sponsors, employees, contracts, strategic personal relations and other proprietary information).
Technology transfer agreements also including material transfer agreements, intellectual property licensing or assignment agreements, intellectual property strategic or joint venture agreements such as co-development agreements or co-marketing agreements are legal document essential in the protection of the IP of your company.
The main objectives of technology transfer agreements are to establish who owns the intellectual property and, where applicable, to set a price on the intangible assets (purchase price in the event of transfer, license rights or royalties for licensing or franchise agreement) or assess the contribution of each party in terms of IP. These agreements of course assume that the intellectual property assets have been clearly identified and valued.
As part of the business of your company, it is important that your company’s intellectual property is protected in business contracts. To this end, several clauses must appear in your commercial contract, namely:
|➤ A confidentiality clause|
|➤ A subcontracting clause|
|➤ A protection clause for your company's intellectual property|
|➤ A data and information protection clause of your company|
|➤ Use of your logo and image rights with business partners, intellectual property|
|➤ Confidentiality of intellectual property assets, possibility of subcontracting/ licensing intellectual property assets|
|➤ Research and development of a product|
Thai laws protect intellectual property rights against, for example, counterfeiting and other criminal acts affecting your intellectual property rights.
In Thailand, companies face many cases of counterfeiting include clothing, CDs, DVDs, software, watches, cellphones, electrical appliances, electronic equipment, spare parts, cosmetics, pharmaceuticals and food products and many other products. of consumption.
In the event of a violation of your intellectual property rights, you have the option of initiating criminal proceedings. Criminal actions are often taken in counterfeit cases.
Such action can be taken after the owner of the intellectual property rights (or his representative) has filed a complaint with the police authorities.
There are several law enforcement bodies in Thailand:
Owners of intellectual property rights can also initiate civil proceedings by entering the Thai Court to obtain redress for their losses and payment of damages.
Civil legal actions must be brought before a court called the Central Intellectual Property and International Trade Court (CIPITC) to adjudicate cases related to the violation of intellectual property rights in Thailand and assess the damages.
Then, to obtain preliminary injunctions. The IP system in Thailand provides possibilities to preserve evidence. Preliminary injunctions are very useful in order to stay the litigious act.
The mission of the lawyer specializing in IP is to protect, defend and enhance the Intellectual Property rights of a company. The latter can call on a specialized law firm.
For companies, innovations as well as creations prove to be their best weapon to stand out from the competition, to increase productivity and to develop society. They therefore need an intellectual property lawyer to advise them in the enhancement and protection of their intangible heritage. The lawyer, specialized in intellectual property, intervenes in the defense of copyright, trademarks, patents, designs, domain names, etc. It also performs the assessment of intellectual and industrial property rights. He also deals with data protection and drafting contracts, including assignments, licenses, research and development.
In parallel with these actions, our IP lawyers will be able to support and advise you for all of your litigation or not. Our lawyers will be able in particular to provide their expertise when drafting a contract to formalize an intellectual property clause. These kinds of clauses are particularly useful in an agreement where the parties work together for a common goal.
The Thai Intellectual Property Department (DIP) was established on May 3, 1992 in Bangkok. This department reports to the Minister of Commerce and is located at 563 Nonthaburi 1rd., Bangkrasor, Muang Nonthaburi 11000 Thailand.
The Department of Intellectual Property (DIP) is the main administration for the promotion and protection of IP in Thailand. The DIP serves as the snowmaking office and houses the Trademark Office, the Copyright Office and the Patent Office. In addition, a specialized court, the Central Intellectual Property and International Trade Tribunal (CIPITC) was established in 1997 to adjudicate civil and criminal IP cases in Thailand. The court deals with over 600013 intellectual property cases per year and is widely used by IPR holders for trademark and copyright infringement matters.