[03PacRimLPolyJ031] Vagueness and Enforceability: Potential Problems of the 1991 Thai Trademark Act

Abstract

Sakda Thanitcul is Lecturer, Faculty of Law, Chulalongkom University, Thailand. Abstract: In 1991, Thailand adopted a new Trademark Act, which, among other goals, increased protection of trademark and service mark agreements. However, enforcement of these new rules has not been clearly defined. In the first portion of this article, the author examines the new rules for trademark agreements in Thailand. These rules give extensive discretion to the Thai Registrar, yet have potential problems in enforcing standards such as quality control. The next section examines Thai public policy, and analyzes how other industrialized nations enforce their policies on trademarks. Finally, the article recommends that Thailand increase quality control, and more carefully define the grounds for restricting trademark licensing agreements.