Intellectual Property Prosecution in Thailand

Piracy and counterfeiting is prevalent in Thailand. In any major city in Thailand, pirated movies, music, and software can easily be located where tourist congregate. Counterfeit bags, clothing, and shoes are found in the many night markets in Thailand. For many western tourist, the purchasing of counterfeit items is part of the Thai experience. They may not know that they are participating in a criminal activity.

Thailand is a member of the World Intellectual Property Organization (WIPO). Members agree to protect the intellectual property for literary, artistic, and scientific works including performances, inventions, industrial designs, trademarks, service markers, and commercial names. Thailand has also signed the Paris Convention for the Protection of Industrial Property and Patent Cooperation Treaty to ensure that Thai laws are in line with international standards.

Thailand has followed through on its international agreements by passing a series of laws that protect intellectual property rights in Thailand based on International Model Laws. Currently Thailand has laws that protect trademarks, patents, copyrights, trade secrets, Integrated circuit design, and optical disk production. A specialized court was created called the Central Intellectual Property and International Trade Court (CIOITC) to adjudicate civil and criminal IP cases in Thailand.

A Department of Intellectual Property was formed within the Ministry of Commerce to register patents and protect intellectual property. And in 2013, the Nation IPR Centre of Enforcement was created to keep track of infringement cases, court decisions, and individuals who have repeated offenses.

While it may seem that IP protection laws are not enforced, the reality is that there is so much piracy and counterfeiting in Thailand that it is impossible to prosecute all of the cases, Attempting to reign in piracy overwhelm the judicial system in Thailand and possibly create a backlash by the public. The market for counterfeit goods is a product of middle income Thais who enjoy foreign media (music movies) and products but cannot afford the real thing. In addition, there are huge numbers of foreign tourists who buy the counterfeits music and software.

As a result of the widespread availability of counterfeit and pirated goods, only selective enforcement is logistically possible. Enforcement can come in the form of random raids by law enforcement officials at some markets or places where the illegal goods are sold. Raids are a common occurrence in Thailand. There are about ten thousand raids each year which results in millions of illegal products being confiscated. However that does not stop the problem of counterfeit goods.

The most effective form of IP enforcement is not to go after the low level vendors. It is better to locate and arrest the large suppliers and producers of counterfeit and pirated goods. The gathering of evidence for criminal charges is generally the result of a coordinated monitoring of the market by the intellectual property holders. Evidence against the large suppliers and producers are received from the small vendors. The IP owners agree to drop charges against low level vendors for information on their suppliers. Once the evidence is sufficient, the evidence is sent to law enforcement for prosecution. About five thousand IP criminal cases are brought to the Thai Courts every year.

Companies need to be aware if their products are being counterfeited. IP Enforcement in Thailand requires IP holders to be diligent and monitor the places where piracy occurs. If there is piracy of their product, they should review the extent and decide what action, if any, they will take. Sometimes it is the best decision to not to do anything since publicity can damage the brand image.

See also the commonly asked questions about Intellectual Property in Thailand here.

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Siam Legal is an international law firm with experienced lawyers, attorneys, and solicitors both in Thailand law and international law. This Thailand law firm offers comprehensive legal services in Thailand to both local and foreign clients for Litigation such as civil & criminal cases, labor disputes, commercial cases, divorce, adoption, extradition, fraud, and drug cases. Other legal expertise of the law firm varied in cases involving corporate law such as company registration & Thailand BOI, family law, property law, and private investigation.