Ministerial Regulations Issued under Geographical Indications Protection Act B.E. 2546 (2003)

Ministerial Regulations Issued under Geographical Indications Protection Act B.E. 2546 (2003)

 

MINISTERIAL REGULATION ON RULES AND PROCEDURES IN CONNECTION WITH THE APPLICATION FOR REGISTRATION, THE PUBLICATION, THE SUBMISSION OF AN OPPOSITION AND A COUNTER-STATEMENT, THE REGISTRATION, THE APPEAL, AND THE CORRECTION OR REVOCATION OF THE GEOGRAPHICAL INDICATIONS REGISTRATION,

B.E. 2547 (2004)

          By virtue of the provisions of section 4, section 9, section 10, section 13 paragraph two, section 15, section 16 paragraph two, section 18 paragraph two, section 19, section 22 and section 26 paragraph two of the Geographical Indications Protection Act, B.E. 2546 (2003), which is the Act containing certain provisions in relation to the restriction of rights and liberties of persons, in respect of which section 29, in conjunction with section 50 of the Constitution of the Kingdom of Thailand, so permits by virtue of law, the Minister of Commerce issues this Ministerial Regulation, as follows.

          Clause 1. This Ministerial Regulation shall come into force as from 28th April 2004.

CHAPTER I

GENERAL PROVISIONS

          Clause 2. In this Act:

          “applications” means applications for registration of geographical indications and other applications and shall include oppositions, counter-statements, appeals and other motions.

          Clause 3. All applications shall be in the forms prescribed by the Director-General.

          The application must be completed in Thai and typed, with a signature of the applicant.

          The application must be submitted to the competent official at the Department of Intellectual Property, Ministry of Commerce or the Provincial Commerce Office or other agencies as prescribed by the Director-General, or dispatched to the competent official at the Department of Intellectual Property, Ministry of Commerce, by registered post requiring acknowledgement receipt thereof or by any other mean as prescribed by the Director-General, together with payment of fees in accordance with the procedures as prescribed by the Director-General.

          In the case of dispatch by registered post requiring an acknowledging receipt thereof under paragraph three, the date of receipt of the application by the Department of Intellectual Property shall be deemed as the date of submission of that application.

          Clause 4. In the case where an application must be accompanied by a copy of an identity card:

               (1) in the case of a Government agency, a State agency, a State enterprise, a local government organisation, or other organ of the State which is a juristic person, the application shall be submitted, on behalf of such agency, by head of the Government agency, State agency, State enterprise, local government organisation or other organ of the State and, for this purpose, there shall be enclosed a copy of a State-official identity card under the law on State-officials identity cards or an appointment order for the post of head of such agency;

               (2) in the case of a juristic person, there shall be enclosed a copy of the updated certificate of incorporation of such juristic person, certified by the person authorised to make certification under the law, which is not older than six months as from issuance thereof, save for the case of a juristic person established under the foreign law in respect of which the document under section 6 has been furnished with the identification of the statement certifying the status of a juristic person in a foreign country;

               (3) in the case of a natural person or a group of persons, there shall be enclosed a copy of a national identity card, any other identity card issued by the Government, an alien identity card or a passport.

          Clause 5. In the case of an application submitted by an authorised person, there shall also be enclosed a power of attorney and a copy of a national identity card, any other identity card issued by the Government, an alien identity card or a passport of the authorised person.

          Clause 6. In the case where the authorisation has been made in a foreign country, the power of attorney must be supported by the certification of signatures by the authorised official of the Thai embassy or the Thai consular office, or Head of the Ministry of Commerce’s office located at the country of residence of the authoring person, or the official entrusted to act on behalf of the said persons, or must be certified by the person with authority to certify signatures under the law of that country.

          In the case where the power of attorney under paragraph one has been made in Thailand without the authorising person having a residence in Thailand, there shall be furnished a copy of a passport of as copy of a certificate of temporary residence or any other evidence to the satisfaction of the Registrar that the authorising person, at the time of such authorization, actually entered Thailand.

          Clause 7. The applicant must also certify the accuracy of copies of supporting documents.

          In the case of supporting documents in a foreign language, the applicant shall provide translation into the Thai language, with the translator’s certification of the accuracy thereof.

CHAPTER II

APPLICATION FOR REGISTRATION OF GEOGRAPHICAL INDICATIONS

          Clause 9. An application for registration of a geographical indication must contain the following particulars:

               (1) details as to the applicant in accordance with the items in the written form;

               (2) names, symbols or other things for calling for representing the geographical origin;

               (3) the description of the goods for which the geographical indication is used;

               (4) details as to the particular quality, reputation, property or characteristic of the goods for which the geographical indication is used;

               (5) details demonstrating the connection between the goods for which the geographical indication is used and the geographical origin;

               (6) details as to locations of the geographical origin for which registration is sought;

               (7) details demonstrating the use of the geographical indication, intended to be registered, on labels for the goods; and

               (8) the signature of the applicant together with the date, month and year thereof.

          Clause 10. The application for registration must be submitted together with the following documents and evidence:

               (1) 1 photocopy of the application;

               (2) a copy of an identity card;

               (3) a photograph of the goods for which the geographical indication intended to be registered is used; and

               (4) the original or a copy or a photograph of the label for the goods for which the geographical indication intended to be registered is used, provided that the statements indicated thereon can clearly be seen.

CHAPTER III

PUBLICATION

          Clause 11. The Registrar shall carry out the publication of the acceptance of a geographical indication for registration under section 15 by posting it at a conspicuous place at the Department of Intellectual Property, the Ministry of Commerce or by any other means as prescribed by the Director-General.

          Clause 12. The publication of the acceptance of a geographical indication for registration under Clause 11 shall contain the following particulars:

               (1) the reference number of the application and the date of the application;

               (2) the date of the publication of the acceptance of a geographical indication for registration;

               (3) the name, address or the place of business of the applicant;

               (4) the description of the goods for which the geographical indication is used;

               (5) details as to the particular quality, reputation, property or characteristic of the goods for which the geographical indication is used;

               (6) details demonstrating the connection between the goods for which the geographical indication is used and the geographical origin;

               (7) details as to the location and map clearly indicating the geographical origin for which registration is sought;

               (8) the conditions prescribed by the Registrar under section 15; and

               (9) other particulars as the Registrar may deem appropriate.

CHAPTER IV

THE MAKING OF OPPOSITIONS TO REGISTRATION AND COUNTER-STATEMENTS

          Clause 13. In making an opposition to the registration of a geographical indication under section 16, the oppose shall submit the opposition indicating the ground therefor, together with one copy thereof and a copy of the opposer’s identity card.

          Clause 14. In the case where the opposition to the registration of a geographical indication is made, the applicant shall submit a counter-statement indicating the ground therefor and enclose the same number of copies of the counter-statement as the number of the opposers.

CHAPTER V

REGISTRATION OF GEOGRAPHICAL INDICATIONS

          Clause 15. In registering a geographical indication under section 19, the Registrar shall issue a registration number in accordance with the order in which the registration is made. The registration of geographical indications shall contain the following particulars:

               (1) the number of the application for registration and the date of submission thereof;

               (2) the registration number and the date of registration;

               (3) particular under Clause 9(1), (2), (3), (4), (5) and (6);

               (4) the map clearly indicating the geographical origin for which registration is sought;

               (5) the conditions prescribed by the Registrar under section 15;

               (6) other particulars which the Registrar may deem appropriate.

CHAPTER VI

APPEAL

          Clause 16. In making an appeal against the orders or the decisions of the Registrar under section 13 paragraph two, section 18 paragraph two and section 26 paragraph two, the appellant shall submit an appeal indicating the ground for the appeal, together with one copy thereof.

          Clause 17. Within the time-limit for submission of an appeal, the appellant may make a request for amending the appeal, provided that such request must be made in writing signed by the appellant and indicate purposes and reasons for the amendment of the appeal.

          Clause 18. Before the Registrar makes a decision thereon, the appellant may withdraw the appeal by submission of a request in writing signed by the appellant and indicating the ground for the withdrawal thereof.

          In the case where the appellant has submitted the request in writing for withdrawing the appeal under paragraph one, the Registrar shall, upon examination of the accuracy thereof, submit the same to the Board for its information and strike the appeal out of the appeal-database.

CHAPTER VII

CORRECTION OR REVOCATION OF GEOGRAPHICAL INDICATIONS

          Clause 19. In applying for correction or revocation of a geographical indication under section 22, an application therefor shall be submitted, with the identification of the ground for the correction or revocation, together with the following documents and evidence:

               (1) a copy of the identity card of the applicant for the correction or revocation; and

               (2) the details as to the geographical indication to which the intended correction or revocation relates.

          Clause 20. In the case where the Board makes a decision towards the correction of any particular geographical indication registration under section 22, there shall be conducted publication of the correction of such geographical indication registration in accordance with the procedures prescribed in Clause 11.

          The publication under paragraph one shall contain the following particulars:

               (1) the number of the application for registration and the date of submission of the application for correction of the registration;

               (2) the registration number and the date of registration;

               (3) the date of publication of the registration correction;

               (4) the particulars in respect of which the Board has ordered correction;

               (5) other particulars which the Registrar may deem appropriate.

          Clause 21. In the case where the Board makes a decision towards the revocation of any particular geographical indication registration under section 22, the Registrar shall enter the revocation particulars in the registration and there shall be conducted publication of the revocation of such geographical indication registration in accordance with the procedures prescribed in Clause 11.

          The publication under paragraph one shall contain the following particulars:

               (1) the number of the application for registration and the date of submission of the application for revocation of the registration;

               (2) the registration number and the date of registration;

               (3) the date of publication of the registration revocation;

               (4) the geographical indication registration in respect of which the Board has ordered revocation;

               (5) other particulars which the Registrar may deem appropriate.

          Clause 22. The provisions of Clause 18 shall apply mutatis mutandis to the withdrawal of the application for revocation of the geographical indication registration.

 

Given on the 28th Day of April, 2004.

Wattana Munagsuk

Minister of Commerce

 

Remark: The reason for the promulgation of this Ministerial Regulation is as follows. Whereas the Geographical Indications Protection Act, B.E. 2546 (2003) makes provisions to the effect that the rules and procedures in connection with application for registration, details to be specified in the application for registration, the procedures for publication of the acceptance of a geographical indication for registration, the rules and procedures for submission of oppositions to the registration, the rules and procedures for registration, the rules and procedures for appeals against orders or decisions of the Registrar, the rules and procedures for correction or revocation of the geographical indication registration and the procedures for publication of the correction or revocation of such registration shall be as prescribed in the Ministerial Regulation, it is therefore necessary to issue this Ministerial Regulation.

 

MINISTERIAL REGULATION

PRESCRIBING RATES OF FEES IN CONNECTION WITH GEOGRAPHICAL INDICATIONS,

B.E. 2547 (2004)

          By virtue of the provisions of section 4 of the Geographical Indications Protection Act, B.E. 2546 (2003), which is the Act containing certain provisions in relation to the restriction of rights and liberties of persons, in respect of which section 29, in conjunction with section 50 of the Constitution of the Kingdom of Thailand, so permits by virtue of law, the Minister of Commerce issues this Ministerial Regulation, as follows.

          Clause 1. The following fees are hereby prescribed:

(1) an application for registration of a geographical indication                                       500 Baht each;

(2) an opposition to the registration of a geographical indication                                  500 Baht each;

(3) an appeal against an order or a decision of the Registrar                                          500 Baht each;

(4) an application for correction of the geographical indication registration              200 Baht each;

(5) an application for revocation of the geographical indication                                    200 Baht each; and

(6) Other applications                                                                                                                200 Baht each

          Clause 2. This Ministerial Regulation shall come into force as from 28th April 2004.

 

Given on the 28th Day of April, 2004.

Wattana Munagsuk

Minister of Commerce

 

Remark: – The reason for the promulgation of this Ministerial Regulation is as follows. Whereas section 4 of the Geographical Indications Protection Act, B.E. 2546 (2003) makes provision to the effect that the Minister has the power to prescribe fees not in excess of the rates annexed thereto, it is therefore necessary to issue this Ministerial Regulation.

 

MINISTERIAL REGULATION

DESIGNATING TYPES OF SPECIFIC GOODS AND PRESCRIBING RULES AND PROCEDURES FOR THE USE OF IDENTICAL OR HOMONYMOUS GEOGRAPHICAL INDICATIONS,

B.E. 2547 (2004)

          By virtue of the provisions of section 4, section 28 paragraph one and section 29 of the Geographical Indications Protection Act, B.E. 2546 (2003), which is the Act containing certain provisions in relation to the restriction of rights and liberties of persons, in respect of which section 29, in conjunction with section 50 of the Constitution of the Kingdom of Thailand, so permits by virtue of law, the Minister of Commerce issues this Ministerial Regulation, as follows.

          Clause 1. The following types of goods shall be designated as specific goods:

               (1) rice;

               (2) silk;

               (3) wines; and

               (4) spirits.

          Clause 2. In the case where specific goods under Clause 1 have geographical indications identical to or homonymous with the geographical indications already registered or pending registration but originate in a different geographical origin, the use of the geographical for the specific goods for which subsequent registration is sought shall be permitted on the condition that the geographical origin and the country of production of such goods shall clearly be indicated at the end of such geographical indication.

          Clause 3. This Ministerial Regulation shall come into force as from 28th April 2004.

 

Given on the 28th Day of April, 2004.

Wattana Munagsuk

Minister of Commerce

 

Remark: – The reason for the promulgation of this Ministerial Regulation is as follows. Whereas section 28 paragraph one of the Geographical Indications Protection Act, B.E. 2546 (2003) makes provisions to the effect that the Minister shall issue a Ministerial Regulation designating any type of goods as specific goods and section 29 of the said Act provides that in the case where the specific goods have identical or homonymous geographical indications albeit originating in different geographical origins, then upon registration of geographical indications for such goods the use of geographical indications in this case shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation, it is therefore necessary to issue this Ministerial Regulation.