A Short Note on Patent Cancellation: The Case of Thailand

Isariya Aksaravut, In-House Counsel, True Corporation Public Company Limited, Thailand

In 1979, Thailand adopted a Patent Act, B.E. 2522 (1979) to give protection for inventions and product designs . It has gone through 2 amendments that took place in 1992 and 1999. The focus of this note is cancellations of design patents. It attempts to analyze the ruling of the design cancellations related provision given by the Thai Supreme Court: Supreme Court Decision No. 2670/2532. Before the discussion takes place, it should be appropriate to briefly touch upon how to obtain design patent protection in Thailand.

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Thailand Intellectual Property Telecommunications October 2009 Vol. 3, No. 9, Autumn 2009

Isariya Aksaravut

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Isariya Aksaravut is employed by the True Corporation, the largest telecommunication service provider in Thailand. She focuses on litigation and arbitration as well as IP matters for the corporation and its subsidiaries. Isariya is also teaching, as an adjunct professor at Naresuan University (International College), 2 courses: IP law and IT law.

True Corporation Public Company Limited

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True Corporation is the largest provider of fixed-line telecommunications services in Thailand and also offers wireless communications, as well as cable TV, data, Internet, and multimedia services. The company, formerly known as TelecomAsia, was established in 1990 to develop and operate a 2.6-million fixed-line expansion of telephone services in the Bangkok metropolitan area. It was created as a joint venture of Asian conglomerate Charoen Pokphand Group (CP Group) and what is now US-based Verizon Communications. Verizon sold its share of True Corporation to CP Group, which owns about 44% of the company.

Thailand Intellectual Property Telecommunications October 2009 Vol. 3, No. 9, Autumn 2009