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.
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