APAA e-Newsletter (Issue No. 49, October 2025)

Recent Developments in Thailand’s Geographical Indications (GI) Laws

Pavinee Bunyamissara and Saowanee Leewijitsin - SCL Nishimura & Asahi Limited (Thailand)

 

Geographical Indications (GIs): With the aim of promoting and encouraging product registration under geographical indications (GI) to enhance the country’s economic potential and align with the Soft Power policy, DIP has been continuously driving forward GI registration initiatives.

Currently, more than 200 products have been registered as GIs with the Department of Intellectual Property of Thailand (“DIP”). According to statistics as of September 14, 2025 at the DIP’s website, the Northern region accounts for the highest number of registered GIs, followed by the Central and Northeastern regions.

The GI products with the highest market value in the fiscal year 2024 include:

  • Rayong Monthong Durian, valued at 23.764 billion THB, with China as its primary market;
  • Khao Bantad Monthong Durian, valued at 17.705 billion THB; and
  • Thung Samrit Jasmine Rice, valued at 10.857 billion THB.

In fiscal year 2024, GI products generated at least 76 billion THB in economic value, while application numbers have historically shown consistent year-over-year growth. These figures underscore the role of GIs as  a powerful tool for enhancing Thailand’s economic competitiveness, promoting its cultural heritage, and fostering sustainable development at the community level.

 In light of their growing significance, a strong, effective legal framework along with government initiatives is essential to ensure adequate protection and long-term sustainability. At present, the principal legislation in Thailand providing protection for GIs is the Geographical Indications Protection Act B.E. 2546 (“the Act”), which has been in force since 2003.

However, after more than twenty years of implementation, several practical issues have arisen due to gaps in the law. Notably, the Act does not explicitly address the use and unauthorized use of GI logos or mechanisms for quality control and inspection of GI products. In 2020, the DIP therefore launched a public consultation process to amend the Act and cover these unspecified issues, and convened multiple meetings of the Committee on Legal Development of Geographical Indications Protection to deliberate potential revisions.

Subsequently, in 2023, a draft amendment to the Act, i.e., the Draft Geographical Indications Protection Act (No. ..) B.E. …,was opened for public consultation through the central legal system and the DIP’s website during 15 December 2023 – 15 January 2024, allowing the public to submit their views and comments on the said draft.

After that process, on March 20, 2024, the Ministry of Commerce submitted the draft Act to the Cabinet of Thailand (“Cabinet”) for approval in principle. Although more than a year has passed since the submission, the draft has not yet been considered and discussed by the Cabinet. The delay is primarily due to frequent Cabinet reshuffles, which have created uncertainty around the timeline. It should be noted, for further information, that once the Cabinet completes its principle-level review, the draft will be forwarded to the Council of State for legal scrutiny. After the Council of State review, the draft will return to the Cabinet for further consideration and final approval before proceeding in the legislative process. Regardless, we remain optimistic that the draft will receive prompt consideration and be implemented without undue delay.

While the legislative process may appear to have been on hold since last year, the DIP has been actively undertaking numerous activities/initiatives related to GIs, underscoring the strategic importance of GIs to Thailand’s economy and its position in international trade negotiations. In particular, Thailand and the European Union (“EU”) are currently negotiating a Free Trade Agreement (“FTA”), with an aim to conclude the negotiations by the end of 2025. One of the EU’s key proposals is the protection of GIs through the mutual recognition and exchange of GI lists. In line with this, on May 30, 2025, the Minister of Commerce authorized the DIP to draft Ministerial Regulations (“the draft Regulations”) to facilitate the protection of foreign GIs through the exchange of GI lists under the FTA. Consequently, the DIP organized a public consultation on the draft Regulations concerning the registration of foreign GIs under international agreements. Through this consultation, while some stakeholders expressed concerns that the mutual recognition and exchange of GI lists under bilateral international agreements might bypass domestic legal procedures and overlook potential impacts on other trading countries, the DIP expressly clarified that the draft Regulations do not conflict with the existing domestic GI registration process. All standard procedures, including public announcement, opposition, counter-opposition, registration, and appeal, remain fully in place. The DIP further emphasized that the draft Regulations do not automatically grant registration of foreign GIs. Any stakeholder who believes that a GI should not be registered in Thailand, for example, because it is a generic name commonly used in Thailand, may affect previously registered trademarks, or does not meet GI standards, may raise such objections with the DIP. Moreover, the draft Regulations do not exempt compliance with Section 23 of the current Act (Amendment or revocation of registration in cases where the registered details have changed, the geographical indication has become a common/generic product name, or it contravenes public order provisions under Section 5). This means that if circumstances change after registration such that a GI becomes a generic name for a product in Thailand, the said GI may be revoked. This reflects Thailand’s continued adherence to its sovereign authority over the consideration and enforcement of GI laws.

The DIP also considers waiving registration fees for GIs under international agreements. While this reduces domestic revenue from registration fees, GIs seeking protection in partner countries under these agreements will enjoy a similar waiver of registration fees, which would be beneficial for Thai GIs seeking international recognition.

Additionally, the DIP recently provides a real-time infographic dashboard DIP GI | Dashboard to present an overview of GI registrations in Thailand. The dashboard includes information such as registrations by product category, by region, statistics of Thai GIs, foreign GIs registered in Thailand, and Thai GIs registered abroad. This initiative allows the public to easily access up-to-date information on the status and distribution of GIs, enhancing the accessibility of GI data and supporting greater awareness of GI development in Thailand.