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Custom Recordal of IPRs in Thailand


Custom Recordal of IPRs
  • The Customs Act B.E. 2496 (A.D. 1926), and the Notification of the Ministry of Commerce governing Exportation and Importation of Goods B.E. 2530 (A.D. 1987) and No. 95 B.E. 2536 (A.D. 1993)
  • The Export and Import Act BE 2522 (1979) and Notification of the Ministry of Commerce Governing Exportation and Importation of Goods BE 2530 (1987)
Custom Recordal of IPRs is effective both on the import and export of goods.
The role of the Customs is defined as follows:
1) They have the power to check and detain the suspected infringing goods crossing a border.
2) They can search and inspect pirated copyright and counterfeit trademark goods imported into and exported from Thailand.
3) The new Act allows the customs officers to enter a company’s premises and carry out a post-clearance audit relating to imports and exports for up to 05 years from the date of import or export.
The first step involves recording IP rights with the DIP (also known as ‘Customs Recordation’). After Customs Recordation has been made with the DIP, the DIP will later forward the recorded information to the Customs Department. This will help the customs authorities recognise counterfeit versions of products and improve the chances of such suspected items being blocked at the border.
The documents to be submitted are as follows:
  • Pictures/documents explaining how to identify genuine and counterfeit goods;
  • Means of transportation of your products (by sea, air and/or land);
  • List of your Intellectual Property Rights with copies of Certificates of Registration and proof of copyright ownership;
  • Power of Attorney;
  • List of your shops, stocks, and their location;
  • List of the names of your authorized wholesalers/importers/distributors/manufacturers etc.
The trademark owners can first notify the trademark registrar at the Department of Intellectual Property of their request to prohibit the importation/exportation of the products bearing a counterfeit mark. The Department of Intellectual Property will then officially forward such request and all supporting documents to the Customs. The Customs will have the possibility to inform the trademark owners or their representative of any suspected shipment and ask them to inspect the products to confirm whether these are counterfeits. Customs officials have only 24 hours from the date of detention to obtain confirmation that the goods are counterfeit.
The Customs authority has a centralized system.
Customs recordation with the DIP is free of charge. There is no government fee for filing an application. There is no cost for keeping the seized goods in the Customs warehouse. The Customs is responsible for the expenses of the destruction, but in practice, Customs will ask the intellectual property rights owners to help with the expenses. Additional costs and service fees should be added if there is a local IP agent (seek quotations beforehand).
Once recorded with the Customs, this will effect a nationwide Customs recordation and will stay in effect as long as the trademark registration is active. This will give the IP rights holder the assurance that any allegedly infringing product can be stopped at ANY border entry.
Yes, the new Act allows the customs officers to enter a company’s premises and carry out a post-clearance audit concerning the imports and exports for up to 05 years from the date of import or export.
The customs authority suspends the clearance of imported goods if the IP rights holder confirms it to the Customs that goods are infringing within 24 hours of notice of such goods being imported.
The rights holder bears the liabilities and expenses related to suspension of the release of infringing goods (if any expense arises).
Within 24 hours
If the goods are deemed to be counterfeit, the Customs will file a claim against the importer, exporter, or transit party for transporting restricted or prohibited goods, which may be deemed a violation of the Customs Act, the Export and Import Act, and/or the Trademark Act. To proceed, the IP owner or representative must submit the documentation that proves him or her being the rightful owner of the trademark. The penalties laid out under the Customs Act include a fine of up to Bt500,000 (approximately $15,650), up to 10 years’ imprisonment or both. The seized goods will be kept in custody until they are destroyed.
If the IP owner or its representative initially confirms that the goods are genuine, or if the customs officer is not contacted within the allotted timeframe, the goods will be released to the importer, exporter, or transit party.