Distinctive of Human Identity under the Context of Thai Trademark Law

Main Article Content

Nutthakarn Phongphunpunya

Abstract

Human identity, both physically and artificially forms, possess one of the most essence characteristic which is the capability of distinguishing between humans. Coincidentally, such characteristic is the same one as the trademark has possessed, which is the capability of distinguishing goods/services from one to another. Under this circumstance, human identity is recognized by the trademark law eventually. However, the study found that, human identity does not consider trademark by its nature. On the other hand, it must possess a distinctive character which is the condition under the trademark law. It should be noted that the word “identity” is not equivalence to word “distinctive”. Even both words may considered as synonyms, however, human identity shall have distinctive character only by possessing the distinctive condition indicating in the law. Furthermore, as human identity and distinctive trademark are not the same but merely overlapping, it should be acknowledged by its own nature not as a common or invented word provided by law.

Downloads

Download data is not yet available.

Article Details

How to Cite
Phongphunpunya, Nutthakarn. “Distinctive of Human Identity under the Context of Thai Trademark Law”. Naresuan University Law Journal 13, no. 2 (December 25, 2020): 119-139. Accessed March 9, 2021. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/239789.
Section
Research Articles

References

Boonma Tejavanija. “Trademark Law.” In Intellectual Property Law Handbook, 118. Bangkok: The Thai Bar Under the royal patronage, 2012. [in Thai]

Chaiyot Hemaratchata. Principle of Intellectual Property Law (Fundamental Knowledge). 12th ed. Bangkok: Nititham, 2019. [in Thai]
Department of Intellectual Property. Guideline to Protect Intellectual Property in Foreign Countries (30 Countries). Bangkok: Department of Intellectual Property, 2005. [in Thai]

Jakkrit Kaunpoth, and Nandana Indananda. Class Handout for Intellectual Property Law Study. 10th ed. Nonthaburi: Sukhothai Thammathirat Open University 2003 [in Thai]

Panida Minalai. “Overlapping of Protection of Trade Name and Trademark.” Assumption University Law Journal 5, no. 1 (January-June 2014): 89-103. [in Thai]

Pattanarat Faugchun. “TRIPs Agreement.” In WTO Regulations 5th Books: Intellectual Property, 20-22. Bangkok: Samlada, 2009. [in Thai]

Sombon Bunphinon. “Reviewing Trademark Patent and Copyright Cases.” In Intellectual Property Law, 183. Bangkok: Office of Judicial Affairs, 1989. [in Thai]

Thatchai Supphaphonsiri. Introduction to Trademark Law. Bangkok: Nititham, 1993. [in Thai]

Vichai Ariyanuntaka. Globalizing of Intellectual Property (Vol 1). Bangkok: Jirat Printing, 2004. [in Thai]

What Tingsamitr. Trademark Law. Bangkok: Nititham, 2002. [in Thai]