Intellectual Property and
International Trade Court (IP&IT Court)

by

Pimvimol (June) Vipamaneerut
Tilleke & Gibbins R.O.P.

November 1997

In October 1996, Thailand enacted legislation for the establishment of an intellectual property and international trade (IP&IT) court as well as a codified procedure for consideration of cases involving intellectual property and international trade. The Act authorized the establishment of both a central and regional IP&IT courts. The Central IP&IT Court will be inaugurated on December 1, 1997.

The rationale for the establishment of the IP&IT Court was that intellectual property and international trade cases are distinct from the usual criminal and civil cases. These cases were previously assigned to Civil Court judges who heard all types of cases and, therefore, were unable to gain special expertise in intellectual property or international trade matters. This often led to delays in closing cases. Having judges with the relevant expertise preside in such cases seemed not only appropriate but would also lead to a more efficient conduct and swifter conclusion of the cases.

Jurisdiction

The IP&IT Court is empowered to hear and determine the following types of cases:

• Intellectual property cases

Both civil and criminal cases involving trademarks, copyrights, patents, trade names and disputes over scientific discoveries. Also, cases involving layout designs of integrated circuits, geographical indications, trade secrets and plant varieties protection, as required by TRIPS but for which legislation has not yet been enacted.

• International trade cases

Civil disputes regarding sale, exchange of goods or financial instruments, international services, insurance and other related juristic acts.

Civil disputes regarding letters of credit, transfer of money into and from Thailand and trust receipts, including insurance services for aforesaid businesses.

Civil disputes regarding dumping and subsidization of goods.

Maritime/aviation

International transport.

Civil disputes regarding arrest of ships.

The Court also has jurisdiction in the enforcement of arbitral awards in intellectual property and international trade matters.

Cases within the jurisdiction of the IP&IT Court which are pending in a court of first instance at the time of inauguration of the IP&IT Court shall be heard and determined by the said court of first instance. However, if all parties agree to transfer their case to the IP&IT Court that has jurisdiction over the case, such Court shall accept the case for adjudication. The request for transfer of the case must be made within 180 days from the inauguration of the IP&IT Court.

Quorum for a Hearing

Three judges are required to form a quorum. Two judges must be judicial judges with expertise in intellectual property or international trade matters, while the third judge of the panel is an associate judge proficient in intellectual property or international trade matters.

Procedures

In order for the hearing process to be conducted in a convenient, swift, and just manner, the chief judge of the Central IP&IT Court, with the approval of the Supreme Court President, may stipulate any rules with regard to proceedings and evidence. The stipulations will be enforceable after they have been published in the Government Gazette. If there are no such rules, the Civil Procedure Code or the Criminal Procedure Code will be applied mutatis mutandis.

The Court will conduct hearings without adjournment until completed, unless there is an unavoidable necessity. Upon completion, the Court will prepare a judgment or an order without delay.

The Court can request expert opinion for its consideration in deciding the case, so long as all parties concerned are notified. However, the parties are entitled to introduce their own experts to either oppose or complement the opinion of the Court’s experts.

Appeals

An appeal against any judgment or order of the IP&IT Court must be submitted directly to the Supreme Court within one month from the date of reading the judgment or order, without first appealing to the Court of Appeal. However, an appeal generally cannot be filed on a question of fact. In a civil case, an appeal on a question of fact may be allowed if a trial judge opposed the judgment or certified that there was reasonable ground for appeal, otherwise there must be a written approval from the chief justice of the central IP&IT Court or the chief justice of the regional IP&IT Court.

In a criminal case involving a maximum penalty of imprisonment not exceeding three years or a fine not exceeding Baht 60,000 (approximately US$1,750), no appeal on question of fact is allowed, except in the following cases:

1. the defendant is sentenced to imprisonment or is detained in lieu of imprisonment;
2. the defendant is sentenced to imprisonment, but the imprisonment is suspended by the Court;
3. the Court finds the defendant guilty, but suspends the determination of punishment; or
4. the defendant is fined more than Baht 5,000 (approximately US$145).

Apart from the above, an appeal can be filed if the judge or public prosecutor and/or attorney general are of the opinion that there is reasonable ground for appeal.

When an appeal is sent to the Supreme Court, it will determine if the appeal is forbidden by law. If forbidden, the Court may still accept the appeal where it deems it appropriate in the interests of justice.

The above is only a brief summary highlighting the significant provisions of the Act for the Establishment of the Intellectual Property and International Trade Court. For more detailed information, please contact any of the following:

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Vipa Chuenjaipanich, Co-Managing Partner and Managing Director, Intellectual Property Department (e-mail vipa.c@tillekeandgibbins.com).
Pimvimol (June) Vipamaneerut, Partner & Head of Transportation Group and Labor Group (e-mail pimvimol.v@tillekeandgibbins.com).
Anongporn Thanachaiary, Partner, Commercial Department (e-mail anongporn.t@tillekeandgibbins.com).

 ©1997 Tilleke & Gibbins, Bangkok, Thailand