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Enforcement of IPRs in Thailand


Enforcement of IPRs
Access and availability of such technology are the causes of counterfeiting and piracy in Thailand.
Goods in the domain of hospitality, transport, travel, financial services, insurance
They are as follows:
  • The Patent Act BE 2522 (1979) (as amended in 1992 and 1999);
  • The Trademark Act BE 2534 (1991) (as amended in 2000 and 2016);
  • The Copyright Act BE 2537 (1994) (as amended (Nos 2 and 3) in 2015);
  • The Penal Code BE 2499 (1956);
  • The Civil and Commercial Code;
  • The Customs Act BE 2560 (2017);
  • The Export and Import Act BE 2522 (1979); and
  • The Computer Crime Act BE 2560 (2017).
Patents, Trademarks, Copyright, Design-patents, and GIs are the different types of IPRs protected by IPR enforcement in Thailand.
The general IPR enforcement obligations in Thailand include an address for service in the country and a local agent or attorney is generally required at the time of filing the IP applications at DIP.
The Department of Intellectual Property (DIP) oversees Thailand’s IP system. IP owners may register their IP rights in Thailand for trademarks, patents, designs, layout-design of integrated circuits, and geographical indications. An address for service in Thailand and a local agent or attorney are generally required at the time of filing the IP applications at DIP.
Yes, different statutes of limitations apply to civil and criminal cases in Thailand. For criminal cases, statutes of limitation depend on:
a) The nature of the infringement (whether it is a compoundable or non-compoundable offence); and
b) The maximum penalties under the Trademark Act or the Criminal Code.
In general, the statute of limitation is 10 years for offences punishable by imprisonment of 01 to 07 years (i.e., trademark infringement).
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Yes, other civil remedies include lost profits and expenses incurred in enforcing the IP rights, Anton Pillar Orders ( Sections 28 and 29 of the IP&IT Court Proceedings Act 1996).
Court of first instance generally takes 12 to 18 months, depending on the number of cases on the court’s docket. The case can be appealed or even a second-appeal may be filed to the Supreme Court.
Civil litigation is usually a more lengthy and costly procedure than criminal enforcement. It requires providing strong evidence of infringement and commercial prejudice. It becomes difficult to enforce the court’s decision when the defendant does not have assets or declares its activity bankrupt.
A) Responsible Authority - Central Intellectual Property and International Trade Court There are several enforcement bodies in Thailand: the Department of Special Investigation, which was established in October 2002; the Economic Crime Investigation Division, a specialised police unit widely used by trademark owners; the Metropolitan Police Bureau; the Provincial Police Bureau; the Food and Drug Administration.
B) Imprisonment Term (Max) - Patents: 02 years, Design Patents: 01 year, TM: 04 years, Unregistered TM: 03 years, Copyright: 6months to 04 years.
C) Monetary Fine - Patents: max: 400,000THB, Design Patents: 200,000THB, Registered TM: 400,000 THB, Unregistered TM: 6,000 THB, Copyright: 100,000 to 800,000 THB.
There are two kinds of criminal actions; however, the remedies are the same. For private criminal action, a case can be registered with the Intellectual Property and International Trade (IP&IT) Court and for public criminal action, the case can be filed with the DSI (dept. of Special Investigation).
There is no criminal liability in case of reproduction, adaptation, or communication of copyright work when there is no commercial intent of the infringer.
The WIPO Center collaborates with CIPITC in the promotion of the use of ADR options for intellectual property disputes in Thailand.
The remedies available under border control measures (customs) in Thailand include seizure, detention, and destruction of goods.
The IP rights holder must bear the costs of customs intervention during enforcement.
Resorting to measures provided through court proceedings is the best practice for enforcement of IPRs in Thailand.
The enforcement measures are inconsistent, and therefore, the actual predictability is less. Careful planning and strategic implementation is advised. The court proceedings are often lengthy and time-consuming.