IP Notarization (Trademark · Patent · Copyright · Trade Secret) for Foreign Rights Holders & Multinationals — Paris / Berne / PCT / Madrid + Apostille (มีผล 28 ก.พ. 2570)

How does IP notarization differ from registration?

**Registration** is a constitutive right — the right arises when the IP office grants it. **Notarization** is evidentiary proof — it certifies factual matters (first-use date, inventorship, authorship) used to support filings and enforcement. They complement each other; notarization supports registration and bad-faith / priority defences but never replaces it.

Paris Convention priority — how many months?

**6 months** for trademarks and industrial designs and **12 months** for patents and utility models, measured from the first filing date in any contracting state (Paris Art. 4). Thailand acceded in 2008. **Example:** a trademark filed in Thailand on 1 Jan 2026 may be filed in the US / EU / China / Japan with the same priority date of 1 Jan 2026 until 1 Jul 2026.

Which declarations does PCT Rule 4.17 cover?

Five: (i) **inventor identity**; (ii) **applicant's entitlement to apply** (assignment / employment / inheritance); (iii) **applicant's entitlement to claim priority**; (iv) **inventorship** (US national phase); (v) **non-prejudicial disclosures** (6/12-month grace period). All five must be signed, notarized and Apostilled for national phase entry, using the PCT Administrative Instructions Section 211–215 format.

Why notarize in Thailand rather than abroad?

(1) **the inventor / affiant is in Thailand** — Lawyers Council Reg. 2546 § 20 requires in-person signing; (2) **speed** — 2-hour response, 24–72 h to notarize, 1–3 days for Apostille; (3) **cost** — 60–80 % cheaper than the home-state consul; (4) **HCCH Apostille (มีผล 28 ก.พ. 2570)** — instantly admissible in 127 states with no embassy legalization.

What must a DMCA takedown sworn statement contain?

Under **17 USC § 512(c)(3)(A)**: (i) authorized-agent signature; (ii) identification of the copyrighted work; (iii) identification of the infringing material + URL; (iv) contact details; (v) **good-faith statement** that the use is not authorized; (vi) **sworn statement under penalty of perjury** that the information is accurate and the sender is authorized. Element (vi) is the part requiring notarization + Apostille for use with US / EU online service providers. False takedowns expose the sender to liability under § 512(f) and Lenz v. Universal (9th Cir. 2015).

Where is a sealed-envelope trade-secret deposit admissible?

Globally across the 127 HCCH states because of the Apostille. In Thailand, it proves existence and date in misappropriation litigation under **Trade Secrets Act B.E. 2545 § 6**; in the US under **DTSA 18 USC § 1836** + state UTSA; in the EU under **Directive 2016/943**; in China under the **2019 Anti-Unfair Competition Law**; in Japan under the **Unfair Competition Prevention Act**. Minimum 7-year retention, renewable.

Which Madrid Protocol members require a declaration of intent to use?

Three currently require an MM2/MM3 declaration of intent to use: **USA (USPTO)**, **Philippines (IPOPHL)** and **Mozambique**. The US declaration must expressly state bona fide intent (not a mere reservation of right) or the application will be refused.

How is the inventor's oath signed if the inventor has died?

Under **PCT Rule 4.17(iv)** and USPTO 37 CFR § 1.64, a legal representative (executor, administrator or heir under will or intestacy) signs a **substitute statement**, supported by a notarized + Apostilled death certificate and a probate order. In Thailand this means a court order appointing the estate administrator (CCC § 1713) and a probate inventory (see our N9 service).

How does a first-use affidavit help against Chinese bad-faith trademark squatters?

China Trademark Law 2019 §§ 4 and 44 prohibit bad-faith filings without intent to use. A foreign brand owner who has been squatted must file an opposition or invalidation and prove prior use in China or well-known mark status. A notarized + Apostilled first-use affidavit executed in Thailand — with invoices and customs documents showing exports to China — is highly persuasive at CNIPA and the Beijing IP Court.

How much does IP notarization cost?

Fixed fee: (1) **trademark first-use affidavit** — THB 12,000–25,000 per mark; (2) **PCT Rule 4.17 declarations (all 5)** — THB 18,000–35,000 per application; (3) **Madrid MM2/MM3 declaration** — THB 8,000–15,000; (4) **copyright authorship affidavit** — THB 10,000–20,000; (5) **DMCA takedown sworn statement** — THB 8,000–15,000 per notice; (6) **trade-secret sealed envelope + deposit** — THB 35,000–75,000 for 7 years; (7) **inventor assignment deed** — THB 15,000–30,000; (8) **MFA Apostille** — quote on request (phone / LINE / email), express +THB 1,500. **No contingency on IP damages awards** (Lawyers Council Ethics § 11).

Which language is used for the notarization?

Bilingual TH/EN by default under Lawyers Council standards. For other languages (Chinese, Japanese, Korean, German, French, Arabic, Russian) we add a sworn translator's declaration and double-notarize. WIPO working languages are English, French, Spanish, Russian, Chinese, Arabic, German, Japanese, Korean, Portuguese and Hindi.

Is the Apostille immediately accepted by USPTO / EPO / CNIPA / JPO?

**Yes — immediately.** All are HCCH parties: USPTO (USA 1981), EPO (every EPC member is HCCH), JPO (Japan 1970), KIPO (Korea 2007), IP Australia (Australia 1995), CNIPA (China 2023). Exception: **Taiwan (TIPO)** is not HCCH — embassy legalization via TECO is required.