Edited by Paul Torremans
Chapter 3: Cross-border enforcement of intellectual property rights in Thailand
Intellectual property (IP) rights protection plays an important role to secure the interests of the right holders in the advent of advanced technology, artistic and literary works. Due to the global exploitation of intellectual property rights, cross-border protection of these rights has become increasingly important. Cross-border IP enforcement involves both administrative and judicial measures. However, for the purposes of this chapter we will be limited to judicial proceedings and to civil proceedings only. As intellectual property rights are territorially limited rights, the enforcement of intellectual property rights has to be addressed separately in different countries where the right is protected. Notwithstanding the territorial scope of IP rights, some national courts seem to extra-territorially assert their jurisdictions over foreign IP infringements. In addition, territoriality does not mean that an IP right is protected only in the country where the right is granted. The rationale of the territoriality principle which limits the enforcement of such right within the protecting country has been challenged. The inventors and creators who have the subject matter of their IP rights protected in many countries prefer to bring their claims against the infringements of their rights granted in many countries in a single court rather than individually in multiple courts in order to avoid high costs of litigation and irreconcilable judgments.
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