Essential Information

             The Central IP&IT Court is the specialized court in Thailand for the adjudication of intellectual property and international trade cases. The court is established by the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court B.E. 2539 (1996).

The court has power to adjudicate both civil and criminal cases regarding intellectual property and civil cases regarding international trade. The territorial jurisdiction of the Central IP&IT Court covers the whole Bangkok Metropolis, Samut Prakan, Samut Sakhon, Nakhon Pathom, Nonthaburi and Pathum Thani Provinces.

At present, before establishing the Regional Intellectual Property and International Trade Court, the territorial jurisdiction of the Central IP&IT Court extends throughout the Kingdom.

              The Central IP&IT Court has power to adjudicate both civil and criminal cases regarding intellectual property and civil cases regarding international trade.

Criminal cases concerning intellectual property legislation are as follows:
  - Offences against trademark, copyright, and patent infringement under the Trademark, the Copyright and the Patent Acts.
  - Criminal cases concerning offences relating to trade provided in Sections 271-275 of the Criminal Code.              

Civil cases relating intellectual property legislation are as follows:
  - Civil cases regarding trademark, copyright and patent under the Trademark, the Copyright and the Patent Acts
  - Civil cases arising from agreement on technology transfer or licensing agreement.

Civil cases regarding international trade are covered by jurisdiction of the Court, namely:
  - Civil cases regarding international sale, exchange of goods or financial instruments, international services, international carriage, insurance and other related transactions.
  - Civil cases regarding letter of credit, trust receipt and civil cases regarding arrest of ships, dumping and subsidization of goods or services from abroad.            

Civil or Criminal cases regarding disputes over layout-designs of integrated-circuits, scientific discoveries, trade names, geographical indications, trade secrets and plant varieties protection.              

The jurisdiction of the Court also covers any other matters, if subsequent legislation prescribes to be under the jurisdiction of this Court.              

Civil cases regarding arbitration to settle disputes stated above.

Cases falling under the jurisdiction of juvinile and family courts shall not be under the jurisdiction of intellectual property and international trades courts.

Where there is a dispute as to jurisdiction, whether the dispute arises in the Central IP&IT Court or in any other courts of jutice, the dispute must be submitted to the President of the Supreme Court for his ruling. Such ruling is final.

Hosted by www.Geocities.ws

1