| Intellectual
Property and International Trade Court |
According to the Act on the Establishment of Intellectual
Property and International Trade Court and Prescription of
Court Procedures B.E.2539 (1996),cases to be considered and
determined by the Intellectual Property and International
Trade Court are stipulated in Section 7 of the said Act as
follows;-
(1) Criminal cases relating to trademarks,copyrights
and patents;
(2) Criminal cases relating to offences
under Section 27 to Section 275 of the Penal Code;
(3) Civil cases relating to trademarks,copyrights,patents
and disputes arising from technology transfer agreements or
licensing agreements;
(4) Civil claims in connection with criminal
offences under Section 271 to Section 275 of the Penal Code:
(5) Civil cases relating to sale-purchase
and exchanges of goods or international financial instruments
or international services,international transports,insurance
and related transactions;
(6) Civil cases relating to letters of credit
issued in connection with business stipulated in (5),remittances
of money into or out of the Kingdom,trust receipts as well
as insurances involving such businesses;
(7) Civil claims relating to ship arrests;
(8) Civil cases relating to market dumping
and goods subsidization or services rendered from abroad ;
(9) Civil or criminal cases involving disputes
from designs of integrated circuits,scientific findings,tradenames,geographical
names of goods origins,trade secrets and protection of plants
;
(10) Civil or criminal cases which are,by
law,subject to the jurisdiction of the Intellectual Property
and Interational Trade Court.
(11) Civil cases relating to arbitration
of disputes under (3)to (10).
Cases under the jurisdiction of the
Juvenile and Family Court are not subject to the Intellectual
Property and International Trade Court.
Afer the Intellectual Property and
International Trade Court is opened (scheduled for 1 December
1997), other Courts of First Instance will not be competent
to try and adjudicate any cases involving international transports.Therefore,enforcement
of arbitration award,ship arrests and cargo claims,all these
matters shall,after 1December 1997,be submitted to the new
Court,However,old cases already proceeded in regular Courts
will not be transferred to the Intellectual Property and International
Trade Court,except that both parties have agreed to transfer
the case to the new Court.
Unlike the Civil Court,there is no
Appeal Court :appeals against judgement or orders of the Intellectual
Property and International Trade Court have to be lodged directly
with the Supreme Court within one month after the judgement
or order of the First Court read.
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