– Protection of Layout Design of Integrated Circuits Act, B.E. 2543 (A.D. 2000), in effect since August 11, 2003.

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1989.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since August 2, 2008.

Applicant: the following have a right to apply for protection of a layout design: (a) a layout design designer or co-designer of a layout design; (b) an employee in the case of hire of service; (c) an employer in case of hire of work; (d) a state agency, state enterprise, local government organization or other state authority which is a juristic person; (e) an assignee or other person that has inherited the right. The right can be assigned or transferred by succession. However, the assignment of the right to apply for a layout design must be in writing and signed by the assignor and the assignee.

Foreigners: a foreign national will obtain the same protection as a native person provided the foreigner comes from a country which is party to an international layout design treaty or convention to which Thailand is also a party. Foreigners who are domiciled or maintain a place for the carrying out of a real and effective business relating to the creation of layout designs or the production of integrated circuits in a country which is party to an international convention or agreement on the protection of layout design of integrated circuits to which Thailand is also a party.

Not protectable: a layout design which has not been commercially exploited within fifteen years as from the date of completion of the layout design creation is not protectable by registration.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, notarized by a Notary Public; a general power is accepted;
2. Name, nationality, domicile and address of the designer as well as any assignment of a right to apply for protection (if there is such an assignment);
3. The date of creation of the layout design and the date of a first commercial exploitation thereof including a description of the commercial exploitation;
4. A painting or photograph of a drawing identifying the layout design, or other articles producing the like result, including data in relation to the electronic functioning of the integrated circuit;
5. 4 samples of an integrated circuit in which the layout design is incorporated, in the case where it has been commercially exploited for not more than two years;
6. The details of the electronic processes of the layout design in Thai, for example a datasheet.

Formal examination: competent officials within the Department of Intellectual Property examine the application so as to determine its conformity with the requirements as to qualification of the applicant, the term period of exploitation, and the other statutorily required information to be contained in the application. Once examination of a layout design determines conformity, an examination report will be sent to the Director General containing instruction to accept the registration and to make a publication of the acceptance of the design for registration.

Granting decision: based on the examination report as to the application’s conformity with the legislative application requirements, the Director General may order the layout design to be registered and granted to the applicant.

Appeal: must be made to the Board of Layout Design within ninety days after receipt of the notification from the Director General of his refusal to grant a layout design.

Duration: ten years from the date of application or the date of the first commercial exploitation whether within or outside the Kingdom, whichever shall first occur, but the term of protection will not exceed fifteen years as from the date of the completion of the creation of the layout design.

Annuities: the annual fee shall be due as from the second year of the term of protection of the layout design and the payment shall be made within sixty days as from the commencement of the second year and of every year thereafter.

Compulsory licenses: after the expiration of three years from the date of registration and issuance of a layout design certificate, any person may apply to the Director General for a license to exercise the rights in the layout design conferred to the right, provided that the right holder exercise his rights in the manner of restricting or preventing competition under the law on trade competition.

Infringement: may be punished by filing a complaint with the court in civil or criminal proceedings.

Penalties: (1) unauthorized reproducing of a registered layout design: a fine from Baht 50,000 up to 500,000; (2) unauthorized importation into the Kingdom, unauthorized selling or distributing by any mean for commercial purposes of a registered layout design or an integrated circuit in which the protected layout design is incorporated or a product in which such integrated circuit is incorporated.

Cancellation: (1) within one year as from the date of the publication of the registration of the layout design, any interested person may request the Director General to order the revocation of the registration of the layout design which is not in conformity with the requirements as to qualification of the applicant, the time period of commercially exploited of layout design, or the other requirements of the application as may be prescribed by the legislation; (2) a layout design which is not eligible for protection. Protection is available for a design where (a) a designer has created the design by himself and is not commonplace in the integrated circuit industry; (b) a designer has created the design by combining elements, interconnections of layout designs or integrated circuits that are common place in the integrated circuit industry in a way of resulting in the layout design which is not commonplace in the integrated circuit industry.

License: must be registered with the Director General of the Intellectual Property Department. Failure to do so may result in cancellation by the Director General.

Assignment: possible with a notarized power of attorney from assignee and a notarized deed of assignment bearing the signatures of both the assignee and the assignor.