By virtue of section 30 of the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court B.E. 2539 (1996), the Chief Justice of the Central Intellectual Property and International Trade Court with the approval of the President of the Supreme Court, issues Rules for the proceedings and hearings of evidence applicable in the intellectual property and international trade courts and other courts which are empowered to conduct proceedings on behalf of the intellectual property and international trade courts, as follows:

Rule 1. These Rules shall be called " Rules for Intellectual Property and International Trade s B.E. 2540."

Rule 2. These Rules shall come into force from the date following their publication in the Government Gazette.

Rule 3. In order to ensure convenience, expediency and fairness of the proceedings, the Court may order the party who conducted an irregular or erroneous proceeding to rectify the same within the period and upon the conditions the Court deems appropriate, unless the irregular or erroneous proceeding was conducted willfully or negligently and caused disadvantage to the other party.

Rule 4. The parties may agree to file a motion with the Court asking it to conduct proceedings in accordance with their agreement. The Court may grant the motion if it deems appropriate so as to ensure convenience, expediency and fairness of the proceedings, unless the agreed proceedings are unlawful or contrary to public order or good moral.

Rule 5. In order to ensure convenience, expediency and fairness of the proceedings, communication between the intellectual property and international trade court and another court may, in accordance with the rules and methods set forth by the court, be conveyed via facsimile, electronic mediums or other means of information technology medium, in substitute for, or in conjunction with delivery by express mail, taking into account necessity, urgency and suitability to the nature of the matter to be communicated, as well as the amount and type of documents or materials involved.

Rule 6. A plaint being capable of showing the nature of the plaintiff's claims, foundations of the claims, and remedies sought shall be deemed to satisfy the requirements of the law.

If the defendant states as his defence that he is unable to comprehend any part of the plaint, the Court may order the plaintiff to rectify the plaint by clarifying the relevant part. The defendant shall thereby be entitled to amend the relevant part of his or her answer.

The provision provided in paragraph two shall apply to answer to counterclaims mutatis mutandis.

Annex to Plaint or Answer

Rule 7. In case where a party refers, in his plaint or answer, to a document which he intends to adduce as evidence in the main issues of the case and the document is in his possession, such party shall attach a copy of that document to the plaint or answer. The Court may, however, permit a copy of the document submitted at a later stage, if there is a reasonable cause or the Court views that the copy of the document cannot be attached to the plaint or answer for other reasons.

Such copy of the document may be produced in the form of any material in which the information is stored or which conveys meanings by any means other than in writing or in print. Submission of such material shall be made in accordance with the rules and methods set forth by the Court.

Rule 8. During the period when a regional intellectual property and international trade court has not been opened in any locality, when a plaintiff files a plaint with the provincial court under section 47 of the Act for the Establishment of and Procedure for

Intellectual Property and International Trade Court B.E. 2539, the plaintiff shall also provide the provincial court with a copy of the plaint. The provincial court shall thereafter forward the original plaint to the Central Intellectual Property and International Trade Court without delay for the latter's order. The Court shall then without delay notify the provincial court of such order and send the provincial court a writ of summons for the defendant to respond, if available.

Rule 9. The provincial court shall notify the plaintiff of the order it receives from the Central Intellectual Property and International Trade Court without delay. In the case where the Central Intellectual Property and International Trade Court issues an order accepting the plaint, the plaintiff shall request, within seven days from the receipt of such order, an officer of the provincial court to serve the writ of summons and a copy of the plaint on the defendant.

The defendant shall file his answer and a copy thereof with the provincial court within fifteen days after the service of the writ of summons and the copy of the plaint on him. The provincial court shall, without delay, forward the original answer together with the report for the service of the writ of summons and a copy of the plaint to the Central Intellectual Property and International Trade Court for the latter's order. If the defendant fails to file the answer, the provincial court shall, immediately after the period prescribed for filing the answer has elapsed, notify the Central Intellectual Property and International Trade Court of such failure as well as dispatch the service report to the Court for its order declaring the defendant in default of answer under Rule 11.

When the Central Intellectual Property and International Trade Court issues an order under paragraph two, the matter shall be promptly referred to the Chief Justice of the Court for his decision as to the appropriate time, date and court for trial and adjudication of the case. The Central Intellectual Property and International Trade Court shall then notify the provincial court to inform the parties of the said time, date and court without delay.

Rule 10. If the defendant makes a counterclaim in his answer, Rules 8 and 9 shall apply to the order to the counterclaim and the answer to counterclaim mutatis mutandis.

Default of Answer

Rule 11. If the defendant or the plaintiff fails to file an answer or an answer to counterclaim within the prescribed period, the Central Intellectual Property and International Trade Court shall promptly issue an order declaring the defendant or the plaintiff in default of answer.

Rule 12. An application for the Court order under section 65 of the Copyright Act B.E. 2537, section 77 bis of the Patent Act B.E. 2522, section 116 of the Trademark Act B.E. 2534 or other intellectual property legislation, shall state the facts establishing a prima

facie case and the reasons sufficient for the Court to believe that it is appropriate to grant such order. The application shall also include a statement confirming the facts of a person who witnessed the cause of the application, in order to substantiate such application.

Rule 13. In considering the application under Rule 12, the Court shall grant the application if it satisfies that:

1. There is reasonable ground for the application and the time the application is filed, as well as sufficient reasons for the Court to grant such application, and
2. The nature of the damage incurred by the applicant is such that the damage cannot be restituted by monetary measures or any other form of indemnity, or the prospective defendant is not in a position to compensate the applicant for his damage, or it might be difficult to enforce the judgment against the prospective defendant afterwards.

In considering the application, the Court shall take into account the balance of the extent of damage that might be incurred by both parties.

If the Court issues an order dismissing the application, such order shall be final.

Rule 14. In case where the Court grants the application under Rule 13, the Court shall notify the prospective defendant of the order without delay.

The order under paragraph one shall immediately bind the prospective defendant even though the prospective defendant has not been notified of the order.

Rule 15. In case where the Court grants the application under Rule 13, taking into account any damage that the prospective defendant might incur, the Court shall order the applicant to provide security for such damage in the amount within the period and under the conditions which the Court deems appropriate.

Rule 16. In case where the Court grants the application under Rule 13, the prospective defendant may file an application requesting the Court to repeal or modify the provisional measures of protection. The order of the Court repealing or modifying the measures shall be final.

In the case specified in paragraph one, the prospective defendant may make a request in the application to repeal or modify the provisional measures, or file with the Court, within thirty days from the date on which the Court issues an order repealing or modifying the measures, a request for the Court order directing the applicant to compensate him for his damage. If the Court finds, after making an inquiry, that the order granting provisional measures of protection which has been repealed or modified was granted due to the Court's misunderstanding that there is ground for taking an action against the prospective defendant or sufficient reason to grant such provisional measures by the fault or negligence of the applicant, the Court may order the applicant to compensate the prospective defendant in the amount the Court deems appropriate. If the applicant fails to comply with such Court order, the Court may enforce such order as if the applicant is a judgment debtor.

Rule 17. In case where the Court grants the application under Rule 13 but the applicant fails to institute an action relating to the application within fifteen days from the date on which the application was granted or within the period prescribed by the Court, the provisional measures shall lapse at the expiration of the aforesaid period.

In the case specified in paragraph one, the prospective defendant may file with the Court, within thirty days from the date on which the provisional measures is deemed to lapse, a request for the Court order directing the applicant to compensate him for his damage in the amount the Court deems appropriate. If the applicant fails to comply with such order, the Court may enforce such order as if he is a judgment debtor.

Rule 18. In case where the Court grants the application under Rule 13 and an action is instituted in relation to the application within fifteen days from the date on which the application was granted or within the period prescribed by the Court, the provisional measures so granted or modified under Rule 16 paragraph one shall continue to be in force, unless the Court issues an order repealing or modifying the measures according to a request of the defendant. In this case, sections 260, 261 and 263 of the Civil Procedure Code shall apply mutatis mutandis.

Rule 19. The provisions on in camera proceedings and prohibition of publication under Rule 24 and on hearing of a witness by means of videoconference under Rule 32 shall apply to the proceedings under Rules 13 and 15 to 18 mutatis mutandis

Rule 20. A petition or motion for a court order directing the evidence to be taken in advance under section 28 of the Act for the Establishment of and Procedure for the Intellectual property and International Trade Court B.E. 2539 shall state the facts showing the necessity for taking of evidence in advance. If an action has not yet been instituted, the facts showing grounds, on which the petitioner may take or may be taken, shall also be stated.

In case of emergency under section 29 of the Act, the motion shall state the facts showing the emergency situation which, if the other party or the third party involved is notified beforehand, such evidence will be damaged, lost, destroyed or, due to some other reasons, difficult to be adduced at a later stage.

Rule 21. In case where the Court grants an order for attachment or seizure of documents or materials to be adduced as evidence in emergency situation under Rule 20 paragraph two, the Court may order the petitioner to provide security for any damage that might be incurred in the amount within the period and under any condition the Court deems appropriate.