The Protection of Patents on Animal-related Inventions: Thailand’s Problems and Solutions

Abstract

This research aims to study the problem of the protection of patents on animal-related inventions under the Patent Act B.E. 2522 (1979) in order to protect inventors under the law and in accordance with international law. The author has studied the concepts and key principles on protection of patents on inventions related to micro-organisms or animal extracts under various treaties, covenants, and international law. Foreign and Thai laws have been studied and compared in order to come up with the best solutions. Thailand is now one of the parties adhered to the Agreement on Trade-Related Aspects of Intellectual Property Rights (Trips), which involves patent protection obligations, but inventions related to microorganisms and animal extracts have not yet been covered. It was found from the study that the law on protection of patents on inventions related to micro-organisms and animal extracts in Thailand is not consistent with international treaties, covenants, or agreements. In addition, the Patent Act B.E. 2522 (1979) fails to give sufficient protection under the law to inventors. Thus, it is deemed appropriate to amend the Patent Act B.E. 2522 (1979) to be more appropriate and efficient in enabling inventors to be protected under the law with regard to their patents on inventions related to micro-organisms and animal extracts.