With Thailand making the transition to a creative economy, and employers now recognising the importance of employee creativity, it has become very important for managers to know the principles of intellectual property (IP) compensation and foster an environment of innovation where employees are willing to transfer their IP rights for a company's benefit.
Under the Thai Patent Act, employers or people commissioning work have the right to apply for patents for inventions made during an employment or work-for-hire contract, unless the contract states otherwise. The same applies to employment contracts which do not require employees to exercise inventive activities, but under which the employee has made an invention using any means, data, or report put at his or her disposal during employment (Section 11 of the Patent Act).
Thai patent law explicitly states that an employer has the right to file for a patent. At the same time, an employee-inventor has the right to receive remuneration in addition to his or her regular salary if the employer gains certain benefits from the use of the invention. This right to receive remuneration cannot be exempted by any provisions in the employment contract (Section 12 of the Patent Act).
This article is older than 60 days, which we reserve for our premium members only.You can subscribe to our premium member subscription, here.