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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