Intellectual property management and trademark protection : cases from the Supreme Court of Thailand | |
| Author | Pabhawan Suttiprasit |
| Call Number | AIT Diss. no.SM-21-05 |
| Subject(s) | Intellectual property--Thailand--Management Trademarks--Cases |
| Note | A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Management |
| Publisher | Asian Institute of Technology |
| Abstract | It has now become stark and apparent how the concept of intellectual property has attracted an increasing amount of attention globally, whereby the protection of intellectual property is constantly undergoing a dynamic transformation. With an increasing demand for trading development and international cooperation concerning science and technology, the legal protection of intellectual property has achieved a new meaning of extreme relevance and worldwide attention. Although, a thorough understand intellectual property and intellectual property rights in the context of global economy is paramount, the standards for intellectual property protection of developing countries is, unfortunately, far below that of developed countries. This thesis aims to examine the current safeguards of intellectual property in Thailand, more specifically on the functional mechanism of legal protection offered in the ‘Trademark Act’ and the judicial actions taken to protect the benefits of companies. This study’s purpose is to investigate the roles played by the Trademark Act, in terms of legal and judicial mechanism, on the enhancement of brands and its limitations alike. Being a primary study based on Dorothy Cohen’s (Cohen, 1991) perspectives on infringement and dilution, this thesis examines the key ‘ratio decidendi’ of the judgements which justify protections of intellectual properties in terms of legal actions as well as the way in which companies’ response to the judicial actions. This thesis employs the method of case studies to demonstrate the importance of trademark for a brand and the competitive advantage enjoyed by companies from the legal protection of trademarks, examining issues pertaining the assessment of distinctiveness, trade dress protection via advertising awareness and the concept of “fair use” as a defense against infringement. Also, the use of case study allows for the identification of weaknesses and limitations of Trademark laws and judicial actions that may deter companies from taking legal actions. Being qualitative in nature, this research uses a variety of methods for data collection, including in depth interviews of legal experts in the field such as judges, policy makers, officers from the Department of Intellectual Property, Thailand’s Ministry of Commerce, lawyers and stakeholders. Throughout the study, the researcher engages a constant data assessments and key concepts analysis on the framework of intellectual property protection whilst suggesting alternatives for an improvement on the protection and the utilization of intellectual property such as fair use. |
| Year | 2021 |
| Type | Dissertation |
| School | School of Management (SOM) |
| Department | Other Field of Studies (No Department) |
| Academic Program/FoS | Doctor of Philosophy in Management (Publication code = SM) |
| Chairperson(s) | Winai Wongsurawat |
| Examination Committee(s) | Badir, Yuosre F. M.;Vilas Nitivattananon |
| Degree | Thesis (Ph.D.) - Asian Institute of Technology, 2021 |