Intellectual property gaps in EU–Thailand FTA negotiations

Following the conclusion of the fourth round of EU–Thailand free trade agreement (FTA) negotiations in Bangkok in November 2024, the newly released summary report highlights potential intellectual property (IP) changes that may emerge from these discussions.

Below is a summary of some of the key IP protection terms under negotiation.

Thai copyright law protects works for the author’s lifetime plus 50 years, while the EU proposes extending this by 20 years. This discrepancy remains unresolved, as adopting Thai standards would reduce protection for EU authors, while Thailand accepting the EU proposal would necessitate domestic legislative amendments.

The FTA proposes enhanced cooperation between collective management organisations (CMOs) from both parties, emphasising transparency in operations, revenue reporting, and representation agreements.

While Thailand maintains CMOs and the Department of Intellectual Property (DIP) offers a voluntary CMO code, questions remain as to whether current practices will satisfy EU rights holder requirements. Regulators face challenges in balancing oversight with rights holder commercialisation freedom.

Despite a substantial overlap between Thai trademark law and EU proposals, implementation disparities exist.

The EU proposes publicly accessible electronic databases for trademark applications and registrations. While the EUIPO and Thailand’s DIP maintain such databases, the DIP system is updated less frequently, sometimes requiring in-person verification – a process that can be cumbersome for rights holders.

The EU proposes extending design patent protection from Thailand’s current 10-year term to a minimum of 25 years from the application date. Additionally, for patented products subject to marketing authorisation procedures, the EU suggests term extensions reflecting the period between application and authorisation, up to a maximum of five years.

Trade secret protection appears to be an area of minimal conflict, as Thailand’s practices align well with EU proposals.

The negotiations will likely result in compromise rather than wholesale adoption of the EU’s proposals. Potential changes include extended protection terms and improved guidelines for CMOs and trademark searches, though rights holders may not receive identical terms to those in the EU.

The summary report confirms that significant gaps remain, with both parties exploring reconciliation between their respective IP systems. With text-based negotiations ongoing, the timeline remains uncertain, though Thailand’s prime minister has directed the Ministry of Commerce to accelerate negotiations, targeting finalisation by the end of 2025. As Thailand pursues multiple FTAs simultaneously, the upcoming Brussels round, which is expected to begin in late March, may prove decisive.