THAILAND
Since November 1999
Since November 2001, last amended in January 2006
Since November 2001, last amended in January 2006
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Foreign Business Act, B.E. 2542 (1999) (พระราชบัญญัติการประกอบธุรกิจของคน. ต างด าว พ.ศ. ๒๕๔๒)
Telecommunications Business Act, 2001 (พรบ. การประกอบกิจการโทรคมนาคม พ.ศ. 2544)
Telecommunications Business Act, 2001 (พรบ. การประกอบกิจการโทรคมนาคม พ.ศ. 2544)
The Foreign Business Act (FBA) 1999 governs foreign investment in Thailand. Section 4 of the Act defines a "foreigner" as a company in which at least half of the capital or shares are held by foreigners, or a limited partnership or registered ordinary partnership with foreigners as the managing partner or manager.
According to Section 8 of the Telecommunications Business Act 2001, Type 2 licenses (telecommunications operators providing services to a specific group of customers, with or without operating their own telecommunications network) and Type 3 licenses (telecommunications operators providing their own telecommunications network for public use) cannot be granted to foreign applicants. As a result, foreign ownership in these sectors is capped at 49%.
According to Section 8 of the Telecommunications Business Act 2001, Type 2 licenses (telecommunications operators providing services to a specific group of customers, with or without operating their own telecommunications network) and Type 3 licenses (telecommunications operators providing their own telecommunications network for public use) cannot be granted to foreign applicants. As a result, foreign ownership in these sectors is capped at 49%.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220307204321/https://www.dbd.go.th/dbdweb_en/download/pdf_law/FOREIGN_BUSINESS_ACT_BE2542/act/1FBA-FINAL[1].pdf
- https://web.archive.org/web/20221117095945/http://web.krisdika.go.th/data/outsitedata/outsite21/file/Telecommunications_Business_Act_BE_2544_(2001).pdf
- https://web.archive.org/web/20170615093651/http://thailaws.com/law/t_laws/tlaw0461.pdf
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THAILAND
Last reported in 2026
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government maintains shareholdings in the National Telecom Public Company Limited, which was established on 7 January 2021 and provides a full range of domestic and international telecommunication services, holds the status of a state enterprise, with the Ministry of Finance fully owning its registered capital.
Coverage Telecommunications sector
THAILAND
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Thailand does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is mandated.
Coverage Telecommunications sector
THAILAND
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Thailand has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
THAILAND
Since December 2010
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Act on the Organisation to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services B.E. 2553 (พระราชบัญญัติ องค์กรจัดสรรคลื่นความถี่และกำกับการประกอบกิจการวิทยุกระจายเสียง วิทยุโทรทัศน์ และกิจการโทรคมนาคม พ.ศ. 2553)
According to the Act on the Organisation to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services B.E. 2553, the executive authority for the supervision and administration of services in the telecommunications sector in Thailand is the National Broadcasting and Telecommunications Commission. It is reported that the National Broadcasting and Telecommunications Commission is independent from the government in the decision-making process.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241129162615/https://www.nbtc.go.th/getattachment//law/%E0%B8%9E%E0%B8%A3%E0%B8%B0%E0%B8%A3%E0%B8%B2%E0%B8%8A%E0%B8%9A%E0%B8%B1%E0%B8%8D%E0%B8%8D%E0%B8%B1%E0%B8%95%E0%B8%...
- https://www.nbtc.go.th/getattachment//law/พระราชบัญญัติ/พระราชบัญญัติ/พระราชบัญญัติองค์กรจัดสรรค...
- https://web.archive.org/web/20250310162538/https://datahub.itu.int/data/?i=100088&s=3109&e=THA
- https://app.gen5.digital/tracker/country-cards/Thailand
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THAILAND
Since November 2002
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Credit Information Business Operation Act BE 2545 (2002) (พระราชบัญญัติการประกอบธุรกิจข้อมูลเครดิต พ.ศ. 2545)
The Credit Information Business Act 2002 specifically covers the collection and processing of credit information. Section 9 states that only a credit information company has the right to operate the credit information business. Section 12 of the Act states that "No credit information company or information controller or information processor carrying on or operating the business in the Kingdom shall operate, control or process information outside the Kingdom."
Coverage Credit information companies
Sources
- https://web.archive.org/web/20250409220029/https://www.bot.or.th/content/dam/bot/documents/en/laws-and-rules/laws-and-regulations/legal-department/7-ncb-act/7.1%20LAW07_NCBAct.pdf
- https://web.archive.org/web/20160716140121/https://www.lexology.com/library/detail.aspx?g=b64c3413-1a36-4452-ae97-afcce941c991
THAILAND
Since November 1999
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Foreign Business Act, B.E. 2542 (1999) (พระราชบัญญัติการประกอบธุรกิจของคน. ต างด าว พ.ศ. ๒๕๔๒)
Pursuant to Art. 14 of the Foreign Business Act, any initial foreign investment is subject to a minimum capital requirement of THB 2 million (approx. USD 56.000). In the case of restricted businesses (including advertising), the requirement is equivalent to 25% of the total three-year average expected annual expenditure but not less than THB 3 million (approx. USD 84.000).
Coverage Horizontal
THAILAND
Since March 1979 as amended in March 1999
Since September 1999
Since September 1999
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patent Act, 1979 (พระราชบัญญัติสิทธิบัตร พ.ศ. ๒๕๒๒)
Ministerial Regulation No. 21 (1999) Issued Under the Patent Act B.E. 2522 on the Criteria for Applying for Patents (กฎกระทรวง ฉบับที่ 21 (พ.ศ. 2542) ออกตามความในพระราชบัญญัติสิทธิบัตร พ.ศ. 2522 ว่าด้วยหลักเกณฑ์การขอรับสิทธิบัตร)
Ministerial Regulation No. 21 (1999) Issued Under the Patent Act B.E. 2522 on the Criteria for Applying for Patents (กฎกระทรวง ฉบับที่ 21 (พ.ศ. 2542) ออกตามความในพระราชบัญญัติสิทธิบัตร พ.ศ. 2522 ว่าด้วยหลักเกณฑ์การขอรับสิทธิบัตร)
Section 14 of the Patent Act 1979 (amended in 1999) stipulates that an applicant for a patent must possess one of the following qualifications: (i) be a Thai national or a juristic person with its headquarters located in Thailand; (ii) be a national of a country that is a party to a convention or international agreement on patent protection to which Thailand is also a party; (iii) be a national of a country that permits Thai nationals or juristic persons with headquarters in Thailand to apply for patents in that country; or (iv) be domiciled in, or have an industrial or commercial establishment in, Thailand or a country that is a party to a convention or international agreement on patent protection to which Thailand is also a party.
To file patents, the Ministerial Regulation No. 21 states that if the patent applicant does not reside in the Kingdom of Thailand, the applicant shall authorise an agent or patent attorney registered with the Director-General of the Department of Intellectual Property to act on his behalf (Clause 13). Moreover, the Power of Attorney (POA) shall be attached with the revenue stamp of 30 Thai Baht (around 1 USD) for each patent agent/patent attorney/application. The POA document, if not in a foreign language, must be translated into Thai (Clause 15).
To file patents, the Ministerial Regulation No. 21 states that if the patent applicant does not reside in the Kingdom of Thailand, the applicant shall authorise an agent or patent attorney registered with the Director-General of the Department of Intellectual Property to act on his behalf (Clause 13). Moreover, the Power of Attorney (POA) shall be attached with the revenue stamp of 30 Thai Baht (around 1 USD) for each patent agent/patent attorney/application. The POA document, if not in a foreign language, must be translated into Thai (Clause 15).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230926032959/http://www.ipthailand.go.th/th/dip-law-2/item/patent-act-b-e-2522-as-amended-by-the-patent-act-no-2-b-e-2535-and-the-patent-act-no-3-b-e-2542.html
- https://web.archive.org/web/20220703123807/https://www.krisdika.go.th/librarian/get?sysid=308383&ext=pdf
- https://web.archive.org/web/20221010122936/http://www.thailawforum.com/articles/jakpat1.html
- Show more...
THAILAND
Since September 2009, entry into force in December 2009
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Thailand is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
THAILAND
Since December 1994
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act, 1994 (พระราชบัญญัติลิขสิทธิ์ พ.ศ. 2537)
Thailand has a copyright regime under the law Copyright Act 1994. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 32 lists the exceptions, which include research or study of the work provided that such not for profit; the use for personal benefit or the family benefit including close relatives; review, accompanied by an acknowledgement of the copyright owner, among others
Coverage Horizontal
THAILAND
Reported in 2020, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported limitations in enforcement against digital piracy
It is reported that rights holders consider existing enforcement mechanisms and deterrent measures to be insufficient in addressing the increasing prevalence of online piracy carried out through devices and applications that enable users to stream and download unauthorised content. Stakeholders are reportedly concerned that criminal proceedings relating to online piracy are protracted and that, even when convictions are ultimately obtained, the penalties imposed are inadequate to discourage future infringing conduct. Counterfeit and pirated goods also remain readily accessible, particularly through online marketplaces. Additional concerns persist regarding the continued use of unlicensed software within the private sector.
Coverage Horizontal
THAILAND
Since October 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Thailand has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
THAILAND
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of adoption of the WIPO Performances and Phonograms Treaty
Thailand has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
THAILAND
Since April 2002, last amended in February 2015
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Trade Secrets Act, 2002 (พระราชบัญญัติความลับทางการค้า พ.ศ. 2545)
According to the Trade Secrets Act, trade secrets can be in any means or any medium which conveys a statement, story, or fact in formula, form, compilations, or assembled works, programs, methods, techniques, or processes (Section 3). The disclosure or use of trade secrets by a governmental agency that supervises the maintenance of trade secrets shall not be deemed as an infringement of rights in trade secrets in the following cases:
- When it is necessary to protect the health or safety of the public, or;
- When it is necessary for the benefit of the public, not for a commercial purpose, the governmental agency must proceed under the procedure to protect such trade secrets from being used in unfair trading activities (Section 7.2).
- When it is necessary to protect the health or safety of the public, or;
- When it is necessary for the benefit of the public, not for a commercial purpose, the governmental agency must proceed under the procedure to protect such trade secrets from being used in unfair trading activities (Section 7.2).
Coverage Horizontal
THAILAND
Since April 2002, last amended in February 2015
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Trade Secrets Act, 2002 (พระราชบัญญัติความลับทางการค้า พ.ศ. 2545)
The Trade Secrets Act (TSA) provides a framework for effective protection of trade secrets. Any “trade information”, such as an instrument of statements, facts, or other information that meets the following three requirements, is protected as a trade secret:
- It is confidential, i.e. the trade information is not being publicly known to or accessible by persons who are not related to the trade information;
- It has a commercial value derived from its secrecy;
- Its secrecy is protected by its owner/controller, who has taken appropriate and sufficient protection measures to maintain its secrecy.
In practice, a non-disclosure agreement is commonly used to safeguard and maintain the secrecy of a trade secret.
If there is a dispute concerning the trade secret because a person infringes its secrecy, the trade secret owner can submit the dispute to the Trade Secret Committee for mediation and settlement. Alternatively, they can file a lawsuit in court against the infringer for interim and permanent injunction orders and compensations for actual damages and punitive damages. The lawsuit must be filed within three years from the date on which the infringement act and the infringer are known or within 10 years from the date of the infringement act.
- It is confidential, i.e. the trade information is not being publicly known to or accessible by persons who are not related to the trade information;
- It has a commercial value derived from its secrecy;
- Its secrecy is protected by its owner/controller, who has taken appropriate and sufficient protection measures to maintain its secrecy.
In practice, a non-disclosure agreement is commonly used to safeguard and maintain the secrecy of a trade secret.
If there is a dispute concerning the trade secret because a person infringes its secrecy, the trade secret owner can submit the dispute to the Trade Secret Committee for mediation and settlement. Alternatively, they can file a lawsuit in court against the infringer for interim and permanent injunction orders and compensations for actual damages and punitive damages. The lawsuit must be filed within three years from the date on which the infringement act and the infringer are known or within 10 years from the date of the infringement act.
Coverage Horizontal
