Exemption of Invention Patent Infringement under the Patent Act B.E. 2522 (1979) and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Invention Patent under the Patent Act B.E. 2522 (1979) means the certificate issued by the government sector to the patent registration applicant with the main purpose to provide protection to the patentee with exclusive right to produce, use, sell, obtain for sale, present, or import invention that specified in the patent to Thailand. However, the exclusive right to conduct such business as mentioned above to the patentee may cause market monopoly problems where the patentee is solely responsible for the production and sell the invention without having competitors. In this case, the patentee can control the marketing mechanism and set the price of the invention as high as they need. Moreover, the numbers of such invention may be too little to meet the needs of consumers. This problem can have serious effect on people. If the protected invention is an important factor in the lives of the general public such as medicines and medical instruments, if the patentee has exclusive right on the market, the invention price may be too high to effort for the people, especially those from the developing countries, or it may be inadequate for the needs of people. In order to solve this problem, TRIPS Agreement contains provisions that give Member States the power to impose exceptions to the exclusive rights of patent owner without having unreasonable opposition to the normal benefits of patents. In addition, it must not cause damages on the reputation without having the reasons on the equitable benefits of the patent owner. Thailand, one of the member states of the TRIPS Agreement, set out several exceptions to the infringement of invention patents in no. 36, paragraph 2, of the Patent Act, BE 2522 (1979), for example. This provision is in line with the TRIPS Agreement, and it provides opportunity for the people to use benefits of invention patent very well.
Index Terms - Exemption of invention patent infringement, Patent Act B.E. 2522 (1979), TRIPS