Intellectual Property and International Trade Division

Background and cases under the Jurisdiction of the Intellectual Property and International Trade Division of the Supreme Court

The Intellectual Property and International Trade Division of the Supreme Court has been established under section 43 of the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court, B.E. 2539 (1996). Section 5 of the Act has also established the Central Intellectual Property and International Trade Court. The reason behind this Act is because of the fact that the characteristics of the intellectual property and international trade cases are different from other general cases and should be handled by judges and associate judges who have expertise in intellectual property and international trade, in order to provide justice for intellectual property and international trade equitably, efficiently, without delay, and in line with international standard.

Section 7 of the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court, B.E. 2539 provides definition of intellectual property and international trade cases for 11 types as follows;

(1) criminal cases regarding trademarks, copyrights and patents
(2) criminal cases regarding offences under Sections 271– 275 of the Criminal Code
(3) civil cases regarding trademarks, copyrights, patents and cases arising from agreements on technology transfers or licensing agreements
(4) civil cases in connection with offences under Sections 271 –275 of the Criminal Code
(5) civil cases regarding international sale, exchange of goods or financial instruments, international services, international carriage, insurance and other related juristic acts
(6) civil cases regarding letters of credit issued in connection with transactions under (5), inward or outward remittance of funds, trust receipts, and guarantees in connection therewith
(7) civil cases regarding the arrest of ships
(8) civil cases regarding the dumping and subsidization of goods or services from abroad
(9) civil or criminal cases regarding disputes over layout – designs of integrated – circuits, scientific discoveries, trade names, geographical indications, trade secrets and plant varieties protection
(10) civil or criminal cases that are prescribed to be under the jurisdiction of the intellectual property and international trade courts
(11) civil cases regarding arbitration to settle disputes under (3) – (10)

Before the Act for the Establishment of the Court of Appeal for Specialized Cases, B.E. 2558 (2015) has been enforced, an appeal against any judgment or order of the Central Intellectual Property and International Trade Court would be presented directly to the Supreme Court (in the Intellectual Property and International Trade Division).

After the Act for the Establishment of the Court of Appeal for Specialized Cases, B.E. 2558 (2015) has been effective, the Court of Appeal for Specialized Cases has been established along with the Intellectual Property and International Trade Division , and according to section 38 of the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court, B.E. 2539 (1996) amended by the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court, (No.2) B.E. 2558 (2015), an appeal against any judgment or order of the Central Intellectual Property and International Trade Court shall be presented to the Court of Appeal for Specialized Cases (in the Intellectual Property and International Trade Division). Then, according to the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court, B.E. 2539 (1996) section 40, amended by the Act for the Establishment of and Procedure for Intellectual Property and International Trade Court, (No.2) B.E. 2558 (2015), the parties could summit a final appeal against any judgment or order of the Court of Appeal for Specialized Cases to the Supreme Court, which the Intellectual Property and International Trade Division of the Supreme Court is responsible for intellectual property and international trade cases.

In civil cases, particularly, according to the Civil Procedure Code section 249, amended by the Act of Amending the Civil Procedure Code (No. 27), B.E. 2558 (2015), to summit a final appeal to the Supreme Court, including intellectual property and international trade cases, the parties shall file a petition for a writ of certiorari (a request for review). If a writ of certiorari is granted, then the case will be finally reviewed by the Supreme Court. Considering a writ of certiorari for intellectual property and international trade cases, subsequently, is a part of the work by Intellectual Property and International Trade Division of the Supreme Court as well.