Abstract:
The Fried Chan Noodles Thai Style Food Product is one of the Thainess symbols as derived from intellects to utilize raw materials, namely, Chan Noodles as originating from Chanthaburi Province, together with intellects of Chanthaburi people, irrespective of option to use seasonal raw materials and skills as gradually incubating based upon the cook experiences of the Fried Chan Noodles Thai Style Food Product, as a result, it is the product derived from humans intellects and such product is protected by law on intellectual properties.
Intellectual properties jurisprudence came from international treaty, in particular, TRIPs Agreement of World Trade Organization (WTO). The fundament philosophical concept of this international treaty belongs to Westerners and application for law on intellectual properties to protect trading benefits. Consequently, the Fried Chan Noodles Thai Style Food Product needs to rely several legal provisions. One of the aforesaid legal provisions is the Geographical Indications Protection Act, B.E. 2546 (2003) as directly beneficial to protect the trading markets and communities which is the subject of right. Also, the community right under this law has impact upon conservation and promotion of comulativeness of intellect of Chanthaburi people. However, the Geographical Indications Protection Act, B.E. 2546 (2003) grants the sole right to use the name of geographical indications. Nonetheless, this law is not to protect manufacturing processes of the Fried Chan Noodles Thai Style Food Product or the intellects of Chanthaburi people. Upon protection of the benefits of the Fried Chan Noodles Thai Style Food Product, it is necessary to join applying the measures under other laws together; for instance, the Patent Act, B.E.2522 (1979) in protecting Thai food formula under petty patent or the Cultural Intellectual Heritage Promotion and Maintenance, B.E.2559 (2016) to prevent distortion and modification of intellects of Chanthaburi people as the Fried Chan Noodles Thai Style Food Product which is intangible cultural heritage.
According to the aforesaid problems, it is expedent that the Geographical Indications Protection Act, B.E. 2546 (2003) of Thailand be amended to enable the Fried Chan Noodles Thai Style to be protected under law as local intellectual products of Chanthaburi people, to enable such laws to comprehensively cover the Fried Chan Noodles Thai Style, including to protect the benefits of Thai communities owning local intellects; meanwhile, including to enable Thai law on intellectual properties to be in accordance with international treaty on intellectual properties which Thailand is a member thereof for the time being.