Judicial review of decisions of the trademarks board

The Trademark Act B.E. 2534 (1991) empowers administrative agencies or government officials with the authority to issue administrative orders in accordance with the Act. If administrative actions or orders that empowered the administrative agencies or government officials to act were found to be unlawful or unpleasant for an individual who is adversely affected by this action, thus, the concerned or interested parties may file an appeal against the decision of the administrative officials to request a judicial review over such administrative order. However, the Supreme Court and the Committee on the Determination of the Powers and Duties among Courts consistently rendered the decision that the administrative disputes involving trademark law shall be under the jurisdiction of the Intellectual Property and International Trade Court, not the Administrative Court. Consequently, trials in civil cases and administrative cases by the Intellectual Property and International Trade Court are conducted in the same manner, for example, the Court applies the Accusatorial System for all types of cases. Moreover, judicial review is performed by reviewing the merit of a decision rather than the legality of the decision. As a result, it would seem that this practice is contrary to the principle of administrative law, and it may result in potential problems subsequently.The purpose of the study is to illustrate the existing legal problems regarding the judicial review of decisions of the Trademarks Board, which are in practice regarded as administrative orders, under the jurisdiction of the Intellectual Property and International Trade Court, to provide fundamental principles of trademark protection and judicial review both in domestic laws and foreign domestic laws, and to analyze and provide the most appropriate in addressing the current legal problem. Additionally, this study provides a summary of recommendations aimed at improving and changing the administrative system within the Intellectual Property and International Trade Court and the relevant law in order to maximize proper justice.