IP/N/6/THA/1  
 
14 January 2015  
(15-0243)  Page: 1/12  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
  
CHECKLIST OF ISSUES ON ENFORCEMENT1 
RESPONSES FROM THAILAND 
Civil and Administrative Procedur es and Remedies (Questions 1-14) 
1.   Specify the courts which have jurisdiction 
 The Central Intellectual Property and Internatio nal Trade Court (CIPIT) and the Supreme Court 
(Intellectual Property and International Trade Division) have jurisdiction over disputes relating to 
intellectual property rights violations. The CIPIT acts as the Court of First Instance and appeals are 
heard by the Supreme Court.   
2.  Which persons have standing to assert  IPRs? How may they be represented? Are 
there requirements for mandatory personal appearance before the court by the right 
holders?  
 
According to Section 55 of the Civil Procedure Code B.E.2477 (1934), right holders or their authorized representatives through a power of attorney have standing to assert IPRs. With power of attorney, personal appearance before the court by the right holders is not mandatory. 
 
3.  What authority do the judicial authoritie s have to order, at the request of opposing 
party, a party to a proceeding to produce evidence which lies within its control? 
 
To ensure convenience, expediency and fairness of  proceedings, the Chief Justice of the Central 
Intellectual Property and International Trade Court is empowered, subject to the approval of the 
President of the Supreme Court, to issue rules on  proceedings and hearing of evidence provided 
that they do not impair the right of defense of an accused in a criminal case. The Court may call any knowledgeable persons or experts to appear and give their opinion for its consideration. Where there are no such provisions and Rules on the issue, the provisions of the Civil Procedure 
Code, the Criminal Procedure Code or the Act of the Establishment of Kwaeng Court and its 
Criminal Procedure Code shall apply mutatis mutandis. (The Act on the Establishment of and 
Procedure for Intellectual Property and International Trade Court B.E.2539 (1996) (Sections 26, 30 
and 31)).  
 4. What means exist to identify and protect confidential information brought forward as 
evidence? 
 In the appropriate case or for the protection of intellectual property rights or the prevention of 
damage that might be incurred to international business of a party, if a party requests, or if the 
Court deems inappropriate to disclose in whole or any part of the facts or circumstances in the 
case, the Court may issue the following order:   
(1)  Prohibiting the public from attending in whole or in any part of the hearing, and 
holding the hearing in camera, or 
 
(2)  Prohibiting the publication of such facts or circumstances. 
 
                                               
1 Document IP/C/5. IP/N/6/THA/1 
 
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  Irrespective of whether the Court has issued su ch order, the order or judgment of the Court 
adjudicating the case shall be read in open court, and the publication, either in whole or in part, of the order or judgment or an impartial and accurate summary thereof shall not be deemed unlawful. (Rule 24 of the Rules for Intellectual Property and International Trade Cases B.E.2540 
(1997)). 
 This has to be read in conjunction with Section 36 of the Civil Procedure Code B.E.2477 (1934) 
which provides that the hearing shall be incurred to the parties and open to the public, except in 
specific circumstances where the hearing may be close session. Where appropriate, whole or any part of the facts or circumstances in the case shall not be disclosed.  
5.  Describe the remedies that may be orde red by the judicial au thorities and criteria, 
legislative or jurisprudential, for their use.   
Injunctions 
 
Under Section 65 of the Copyright Act B.E.2537 (1994) , if there is an explicit evidence that a 
person is doing or about to do any act which is an  infringement of copyright or performer's rights, 
the owner of copyright or performer's rights may seek the injunction from the court to order the person to stop or refrain from such act.   
The injunction of the court according to paragrap h one does not prejudice the owner of copyright 
or performer's rights to claim damages under Section 64.  
Under Section 116 of the Trademark Act B.E.2534 (1991) , if there is clear evidence someone 
is committing or is about to commit an act under Sections 108, 109 or 110, the owner of the trademark, service mark, certification mark or collective mark may apply to the court to stop or 
refrain from such act.  
 Under Section 77 bis of the Patent Act B.E.2522 (1979) , if there is clear evidence that any 
person is committing or about to commit any act in infringement of the rights of the owner of a 
patent or petty patent under Section 36, 63 or Sections 65 decies and 36, the owner of the patent 
or petty patent may request the court to order the person to stop or refrain from committing such infringement. The order of the court shall not deprive the owner of the patent or petty patent to 
claim damages under Section 77 ter. 
 Under Section 8 of the Trade Secrets Act B.E.2545 (2002) , where there is clear evidence that 
an infringement of trade secrets has been committed or is imminent, the affected or imminently to 
be affected controller of trade secrets has the following remedies:  
(1)  Petition the court for an interim injunction, temporarily to stop the infringement of 
trade secrets; and, 
 (2)  File an action in the court for a permanent injunction, permanently to stop the 
infringement of trade secrets and claim damages from the wrongdoer.   
 
The petition under (1) may be filed prior to the action under (2). 
 
The above provisions have to be read together with Rules 12 and 13 of the Rules for 
Intellectual Property and International Trade Cases B.E.2540 (1997) . An application for 
the Court order under Section 65 of the Copyright Act, B.E.2537, Section 77 bis of the Patent Act, 
B.E.2522, Section 116 of the Trademark Act, B.E.2534 or other intellectual property legislation, 
shall state the facts establishing a prima facie case and the reasons sufficient for the Court to 
believe that it is appropriate to grant such orde r. The application also has to include a statement 
confirming the facts of a person who witnesse d the cause of the application, in order to 
substantiate such application. In this connection, the application will be granted if the Court believes that: 
 
(1)  There is reasonable ground for the application and the time the application is filed, as 
well as sufficient reasons for the Co urt to grant such application; and, 
 IP/N/6/THA/1 
 
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  (2)  The nature of the damage incurred by the applicant is such that the damage cannot 
be restored by monetary measures or any other fo rm of indemnity or the prospective defendant is 
not in a position to compensate the applicant for the damage, or it might be difficult to enforce the judgment against the prospective defendant afterwards. 
 
In considering the application, the Court will take into account the balance of the extent of damage that might be incurred by both parties. 
 
Damages, including recovery of profits, and expenses, including attorney's fees: 
 
In the case of infringement of copyright or perf ormer's rights, the Court has the authority to order 
the infringer to compensate the owner of copyright or performer's rights for damages the amount 
which the Court considers appropriate by taking into account the seriousness of injury including the loss of benefits and expenses necessary for the enforcement of the right of the owner of 
copyright or performer's rights (Section 64 of the Copyright Act B.E.2537 (1994)). 
 For trademark cases, the Court will determine the manner and the extent of the compensation 
according to the circumstances and the gravity of  the wrongful act. Compensation may include 
restitution of the property of which the injured person has been wrongfully deprived or its value as well as damages for any injury caused (Section 438 of the Civil and Commercial Code B.E.2468 (1925)).   
 
In case of an infringement of the rights of the owner of a patent or petty patent, the Court can order the infringer to pay the owner of the patent  or petty patent damages in an amount deemed 
appropriate by the Court, taking into consideration the gravity of the injury including the loss of 
benefits and expenses necessary to enforce the rights of the owner of the patent or petty patent (Sections 36, 63, 65 decies and 77 ter of the Patent Act B.E.2522 (1979)). 
 
In trade secret cases, in determining the measure of damages, the Court may:  
(1)  In addition to the damages for the actual  damage suffered, include in the damages for 
the plaintiff, account of profits accrued from or in connection with the infringement by the 
infringer. 
 
(2)  In case where the Court is unable to measure the damages under (1), order such 
amount of damages to the controller of trade secrets, as it deems appropriate.  
 
(3)  In case where there is clear evidence that the infringement of trade secrets is 
conducted wilfully or maliciously causing the trad e secrets to cease the quality of secrecy, order 
the infringer to pay punitive damages in addition to the amount of damages granted under (1) and (2). However, the punitive damages shall not exceed two times the amount of damages under (1) 
or (2) (Sections 8(2) and 13 of the Trade Secrets Act B.E.2545 (2002)). 
 
Destruction or other disposal of infringing goods and materials/implement for their 
production 
 
Under Section 75 of the Copyright Act B.E.2537 (1994) , all things made or imported into the 
Kingdom which constitutes an infringement of copyright or performer's rights within the meaning 
of the Copyright Act and the ownership of which are still vested upon the offender will belong to 
the owner of copyright or performer's rights pr ovided that the things used for committing the 
offence must be all forfeited.  
 
Under Section 115 of the Trademark Act B.E.2534 (1991) , all goods which are imported for 
distribution or had in possession for distribution in violation of the Act must be confiscated whether 
or not anyone has been convicted of the offence.  
 Under Section 77 quarter of the Patent Act B.E.2522 (1979) , all goods in the possession of 
the infringer which infringe the rights of the owner of a patent or petty patent must be confiscated. 
The Court may order the destruction of the goods or other measures to prevent further distribution of the goods.  IP/N/6/THA/1 
 
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  Under Sections 8(2) and 11 paragraph 3 and 4 of the Trade Secrets Act B.E.2545 (2002) , 
in an action for injunction, the controller of trade secret may request the court to order the 
destruction or confiscation of materials, apparatus, tools or other equipments used in the infringement of trade secrets. The products that  are manufactured by the infringement of trade 
secrets and are still owned by the infringer will be transferred to the State or the controller of 
trade secrets as so ordered by the Court. In case  where the possession of such product is illegal, 
the Court may order its destruction.  
 
Under Sections 43(6), 44 and 45 of the Agri cultural Standards Act B.E.2551 (2008) , the 
agricultural commodity seized by the authorized  officer, the Agricultural Standards Committee 
may: 
 
(1)  In the case where producer, exporter or  importer has not been granted a voluntary 
standard certificate and uses or displays of a voluntary standard certification mark in violation, the 
Committee may order to correct or recondition the agricultural commodity so as to be complied 
with the voluntary standard, or to destroy the certification mark or to remove it from the agricultural commodity. In the case where the mark cannot be destroyed or removed from the 
agricultural commodity, the Committee may or der such commodity to be destroyed; 
 (2)  In the case where the producer, exporter or importer has not been granted a 
mandatory standard certificate for such agricultural commodity stipulated by the Ministerial 
Regulation, the Committee may order to destroy that agricultural commodity, or in the case of 
import, the Committee may order to return or await for the mandatory standard certificate application of the producer, exporter or impo rter, wherever the case may be. The producer, 
exporter or importer will be liable for any incurred expenses in relation to the correction, 
reconditioning, destruction, returning or awaiting for the mandatory standard certificate application, or the destruction or removal of voluntary standard certification mark from the 
agricultural commodity. 
 If the seized agricultural commodity or articles are not claimed by the owner within 90 days or 
where the public prosecutor issues the final order not to file a lawsuit, or where the Court decides 
not to confiscate those articles, and the owner has not requested for their return within 90 days 
from the date of acknowledgement of the final orde r not to file the lawsuit or from the date of 
rendering the final judgment by the Court or the date of being notified that no lawsuit has been 
filed, the ownership will be vested in the State and administered by the authority as appropriate. 
 If the seized articles are perishable, or the hold ing of which may cause a risk of damage or incur 
expenses more than their value, the authority may arrange public auction even before the case is 
closed. The net proceeds from the sale after deduction of expenses and any other charges will be retained instead.  
6.  In what circumstances, if any, do judi cial authorities have the authority to order 
the infringer to inform the right holder of th e identity of third persons involved in the 
production and distribution of the goods or se rvices found to be infringing and of their 
channels of distribution? 
 In the interest of justice, the Court may order,  with or without a party request, any party to 
adduce and present any evidence within control of a party, provided that such evidence is 
necessary to any material issue in the case (Rule 39 of the Rules for Intellectual Property and International Trade Cases B.E.2540 (1997)).  
7.  Describe provisions relating to th e indemnification of defendants wrongly 
enjoined. To what extent are public authoritie s and/or officials liable  in such a situation 
and what "remedial measures " are applicable to them. 
 
Where the injunctive relief is granted, any dama ge that the prospective defendant might incur 
must be taken into account. The Court can order the applicant to provide security for such damage 
in the amount within the period and under the conditions which the Court deems appropriate 
(Rule 15 of the Rules for Intellectual Property and International Trade Cases B.E.2540 (1997)).  IP/N/6/THA/1 
 
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  8.  Describe provisions governing the le ngth and cost of proceedings. Provide any 
available data on the actual dura tion of proceedings and costs. 
 Pursuant to Section 27 of the Act on the Establis hment of and Procedure for Intellectual Property 
and International Trade Court B.E.2539 (1996), the Intellectual Property and International Trade 
Court shall proceed with the hearing without adjournment until the hearing is over, save in case of unavoidable necessity. After the hearing is over, the Court shall promptly render a judgment or an 
order. 
 The Court's fee and other charges in civil proceedin g are provided in Table 1 and 2 annexed to the 
Civil Procedure Code B.E.2477 (1934). The Court fee varies depending the type and amount of 
claim for compensation. In practice, the proceedings usually take no more than one year. 
 9.  Reply to the above questions in relation  to any administrative procedures on the 
merits and remedies that may result from these procedures. 
 Under Section 72 of Trademark Act B.E.2534 , the Registrar can cancel the registration of a 
license agreement upon request by the trademark owner together with the licensee and if it can be 
proved to have expired.  Any interested person or the Registrar may petition the Board of Trademark to cancel the 
registration of a trademark license agreement if it is shown that: 
 
(I)  the use of trademark by the license has confused or misled the public or is contrary to 
public order or morality or to public policy, or 
 
(2)  the trademark owner can no longer exercise effective control over the quality of the 
goods under license. 
 Cancellation of trademark licenses under this Section shall comply with the rules and procedures prescribes in the Ministerial Regulation. 
 
Section 77 of Copyright Act B.E.2537 (1994)  empowers the Director General of the 
Intellectual Property Department to prescribe the fine for the offence according to Section 69 
paragraph one and Section 70 paragraph one. 
 Under Section 43 of the Geographical Indi cations Protection Act B.E.2546 (2003) , 
offences may be settled by a fine fixed by Dire ctor General of the Department of Intellectual 
Property.  Under Sections 46, 47, 47 bis, 49 and 50 of the Patent Act B.E.2522 (1979) , at any time 
after the expiration of 3 years from the grant of a patent or 4 years from the date of application, 
whichever is later, any person may apply to the Director-General of the Department of Intellectual Property for a license if it appears, at the time when such application is filed, that the patentee 
unjustifiably fails to exercise his legitimate rights as follows: 
 
(1)  that the patented product has not been  produced or the patented process has not 
been applied in the country, without any legitimate reason; or 
 
(2)  that no product produced under the patent is sold in any domestic market, or that 
such a product is sold but at unreasonably high prices or does not meet the public demand, 
without any legitimate reason. 
 Whether it is an application under (1) or (2), the applicant for a license must show that he has 
made an effort to obtain a license from the pate ntee having proposed conditions and remuneration 
reasonably sufficient under the circumstances but unable to reach an agreement within a reasonable period. 
 
Similarly if the working of any claim in a patent is likely to constitute an infringement of a claim in a patent of any other person, the patentee, desiring to exploit his own patent, may apply to the Director-General for a license under the patent of the other person under the criteria provided for 
in Section 47 of the Patent Act. IP/N/6/THA/1 
 
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And if the working of any claim in the patent having obtained a license under (1) and (2) is likely to constitute an infringement of a claim in a patent of any other person, the applicant for a license may apply to the Director-General for a license under the patent of the other person under the 
criteria provided for in Section 47 bis. 
 Where an application for a license is filed under the above mentioned circumstances, the 
competent officer may require the applicant, the patentee or the exclusive licensee to appear 
before him to give any statement, or to hand over to him any document or any other item. When the application has been considered by the comp etent officer and the Director-General has made 
his decision, the applicant, the patentee and the ex clusive licensee shall be notified of the decision 
which is appealable to the Board within 60 days of receipt of the notice. Where it is decided by the 
Director-General that a license shall be granted to  the applicant, the Director General has to set 
the royalty and the conditions for the exploitation of the patent and the restrictions on the rights of 
the patentee and the exclusive licensee as agreed upon by the patentee and the applicant. If no 
agreement has been reached by the parties within the period prescribed by the Director-General, 
the Director-General has to fix the royalty and prescribed the conditions and restriction as he 
deems appropriate subject to the following requirements: 
 
(1)  the scope and duration of the license shall not be more than necessary under the 
circumstances; 
 
(2)  the patentee shall be entitled to further license others;  
(3)  the license shall not be entitled to assign the license to others, except with that part of 
the enterprise or goodwill particularly of the part under the license; 
 
(4)  the licensing shall be aimed predominantly for the supply of the domestic market; 
 (5)  the remuneration fixed shall be adequate for the circumstances of the case.  
The decision of the Director-General is appealable  to the Board within 60 days from the date on 
which such decision is received.  
10.  Describe the types of provisional measur es that judicial authorities may order, and 
legal basis for such authority.  
Under Section 65 of the Copyright Act B.E.2537 (1994) , in case there is an explicit evidence 
that a person is doing or about to do any act whic h is an infringement of copyright or performer's 
rights, the owner of copyright or performer's rights may seek the injunction from the court to order the person to stop or refrain from such act. The injunction of the court should not prejudice 
the owner of copyright or performer's ri ghts to claim damages under Section 64. 
 Under Section 116 of the Trademark Act B.E.2534 (1991) , if there is clear evidence someone 
is committing or is about to commit an act under Sections 108, 109 or 110 of the Act (i.e., 
counterfeiting, imitation of a trademark, service mark certification mark or collective mark; importation, distribution or having in possession for distribution of goods bearing a counterfeit and 
imitated mark; provision of a service under a counterfeit or imitated mark), the owner of the 
trademark, service mark, certification mark or collective mark may apply to the Court to stop or refrain from such act  
Under Section 77 bis of the Patent Act B.E.2522 (1979) , in case there is clear evidence that 
any person is committing or about to commit any act in infringement of the rights of the owner of a patent or petty patent under Sections 36, 63 or Sections 65 decies of the Act, the owner of the 
patent or petty patent may request the Court to order the person to stop or refrain from 
committing such infringement. The order of the Court shall not deprive the owner of the patent or petty patent to claim damages under Section 77 ter. 
 
Under Section 8 of the Trade Secrets Act B.E.2545 (2002) , where there is clear evidence that 
an infringement of trade secrets has been committed or is imminent, the affected or imminently to be affected controller of trade secrets has the following remedies: 
 IP/N/6/THA/1 
 
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  (1)  Petition the court for an interim injunction, temporarily to stop the infringement of 
trade secrets; and, 
 (2)  File an action in the court for a permanent injunction, permanently to stop the 
infringement of trade secrets and claim damages from the wrongdoer. 
 The petition under (1) may be filed prior to the action under (2). 
 
11.  In what circumstances ma y such measures be ordered inaudita altera parte. 
 The Court may adopt provisional measures inaudita altera parte in the case of extreme emergency 
in accordance with provisions of Sections 266-267 of the Civil Procedure Code B.E.2477 (1934). 
 12.  Describe the main procedures for the in itiation, ordering and maintenance in force 
of provisional measures, in pa rticular, relevant time-limits and safeguards to protect the 
legitimate interests of the defendant.  
Rules 12-19 of the Rules for Intellectual Proper ty and International Trade Cases B.E.2540 (1997) 
govern the entire procedures for provisional measures as follows: 
 
Rule 12 
 
An application for the Court order under Section 65 of the Copyright Act, B.E.2537, Section 77 bis 
of the Patent Act, B.E.2522, Section 116 of the Trademark Act, B.E.2534 or other intellectual 
property legislation, shall state the facts establishing a prima facie case and the reasons sufficient 
for the Court to believe that it is appropriate to grant such order. The application shall also include a statement confirming the facts of a person who witnessed the cause of the application, in order 
to substantiate such application. 
 
Rule 13 
 
In considering the application under Rule 12, the Court will grant the application if (1) there is 
reasonable ground for the application and the time the application is filed, as well as sufficient reasons for the Court to grant such application, and (2) the nature of the damage incurred by the 
applicant is such that the damage cannot be restit uted by monetary measures or any other form of 
indemnity or the prospective defendant is not in a position to compensate the applicant for his damage, or it might be difficult to enforce the judgment against the prospective defendant 
afterwards. In considering the application, the Court shall take into account the balance of the 
extent of damage that might be incurred by both parties. If the Court issues an order dismissing 
the application, such order shall be final.  
Rule 14 
 
In case where the Court grants the application under Rule 13, the Court shall notify the 
prospective defendant of the order without delay. 
 The order under paragraph one shall immediately bi nd the prospective defendant even though the 
prospective defendant has not been notified of the order. 
 
Rule 15 
 
In case where the Court grants the application under Rule 13, taking into account any damage 
that the prospective defendant might incur, the Co urt shall order the applicant to provide security 
for such damage in the amount within the period and under the conditions which the Court deems 
appropriate. 
 
Rule 16 
 In case where the Court grants the application under Rule 13, the defendant may file an application requesting the Court to repeal or modify the provisional measures of protection. The order of the Court repealing or modifying the measur es shall be final. Within 30 days from the date 
on which the Court issues an order repealing or modifying the measures, a request for the Court IP/N/6/THA/1 
 
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  order may be filed to direct the applicant to comp ensate for the damage. If the Court finds, after 
making an inquiry, that the order granting provisional measures of protection which has been repealed or modified was granted due to the Court's misunderstanding that there is ground for taking an action against the defendant or sufficient reason to grant such provisional measures by 
the fault or negligence of the applicant, the Court may order the applicant to compensate the 
defendant in the amount the Court deems appropriat e. If the applicant fails to comply with such 
Court order, the Court may enforce such order as if the applicant is a judgment debtor. 
 
Rule 17 
 In case where the Court grants the application under Rule 13 but the applicant fails to institute an 
action relating to the application within 15 days from the date on which the application was 
granted or within the period prescribed by the Co urt, the provisional measures shall lapse at the 
expiration of the said period. In this case, the defendant may file with the Court, within 30 days 
from the date on which the provisional measures is  deemed to lapse, a request for the Court order 
directing the applicant to compensate him fo r his damage in the amount the Court deems 
appropriate. If the applicant fails to comply with  such order, the Court may enforce such order as 
if he is a judgment debtor. 
 
Rule 18 
 
In case where the Court grants the application under Rule 13 and an action is instituted in relation 
to the application within 15 days from the date on which the application was granted or within the period prescribed by the Court, the provisional measures granted or modified under Rule 16 shall 
continue to be in force, unless the Court issues  an order repealing or modifying the measures 
according to a request of the defendant. In th is case, Sections 260, 261 and 263 of the Civil 
Procedure Code shall apply mutatis mutandis. 
 
Rule 19 
 The provisions on in-camera proceedings and prohibition of publication under Rule 24 and on 
hearing of a witness by means of videoconference under Rule 32 shall apply to the proceedings 
under Rule 13 and Rules 15-18 mutatis mutandis. 
 
13.  Describe provisions governing the le ngth and cost of proceedings. Provide any 
available data on the actual durati on of proceedings and their cost. 
 
With reference to Sections 266-267 of the Civil Procedure Code B.E.2477 (1934), and Section 27 
of the Act on the Establishment of and Procedure for Intellectual Property and International Trade Court B.E.2539 (1996), the Intellectual Property and International Trade Court has to proceed with 
the hearing without adjournment until the hearing is over, except in case of unavoidable necessity. 
After the hearing is over, the court shall promptly render a judgment or an order. The proceedings 
are subject to filing fees, and in some cases, bo nds or securities (Section 98 of the Customs Act 
B.E.2469). 
 
14. Reply to the above questions in rela tion to any administrative provisional 
measures. 
 
Section 67 of Copyright Act B.E.2537 (1994) allows authorized officials according to the Penal Code:  
(1)  to enter a building, office, factory or warehouse of any person during sunrise and 
sunset or during the working hours of such place or to enter a vehicle to search or examine the 
merchandise when there is a reasonable suspicion that an offence under this Act is committed,  
 
(2)  to seize or forfeit documents or materials relating to the offence for the benefit of 
proceeding a litigation where there is a reasonable suspicion that an offence under this Act is 
committed, 
 
(3)  to order any person to testify or submit accounting books, documents or other 
evidences when there is a reasonable suspicion that the testimony, accounting books, documents IP/N/6/THA/1 
 
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  or such evidences shall be useful for the findin g or the use as evidence for proving the offence 
under this Act.  Applicants of provisional measures in an administrative procedure are not required to pay any 
fees. 
 Special Requirements Related to Border Measures (Question 15-19) 
15.  Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulat ion, in particular whether these procedures 
are available also in respect of goods wh ich involve infringements of intellectual 
property rights other than counterfeit trad emark or pirated copyright goods as defined 
in the TRIPS Agreement (footnote to Article 51) . Specify, together with relevant criteria, 
any imports excluded from the application of such procedures (such as goods from 
another member of a customs union, goods in transit or de minimis imports). Do the 
procedures apply to imports of goods put on the market in another country by or with 
the consent of the right holder and to goods destined for exportation?  
According to the Notifications and Regulations of Ministry of Commerce on Export and Import of 
Goods from and to the Kingdom of Thailand, the intellectual property rights protected by the 
Customs include right to trademark and copyright.  The right holders can therefore made a request 
to the customs authority for suspension of any import and export of goods infringing trademark 
and copyright. The border measures will not apply to the goods carried or posted across the border 
by an individual within the reasonable amount for self-using.   
Customs control and border measures have not ye t applied to transit and transshipment of goods 
infringing intellectual property right.  
16.  Provide a description of the main elem ents of the procedures relating to the 
suspension of the release of goods by custom s authorities, in particular the competent 
authorities (Article 51), the requirements fo r an application (Article 52) and various 
requirements related to the duration of su spension (Article 55). How have Articles 53 
(security or equivalent assurance), 56 (indemni fication of the importer and of the owner 
of the goods) and 57 (right of inspecti on and information) been implemented? 
 
Any right holder initiating procedures for suspensi on by the Customs authorities of the release of 
suspected counterfeit trademark or pirated copyright goods into free circulation is required to provide adequate evidence and sufficient information which includes a suspicion of infringement of 
the right holder's intellectual property right in or der to make the suspension of goods by Customs 
authorities. The requirement to provide information shall not unreasonably deter recourse to these procedures.  
The Customs authorities also require a right holder initiating procedures to suspend the release of 
suspected counterfeit trademarked goods or pirate d copyright goods to provide a guarantee, in 
order to protect the defendant and th e authorities and to prevent abuse. 
 
17.  Describe provisions governing the le ngth and cost of proceedings. Provide any 
available data on the actual duration of proceedings and their cost. How long is the 
validity of decisions by the competent author ities for the suspension of the release of 
goods into free circulation?  There's no cost involved. The right holder has to request for suspension of goods within 24 hours 
after being notified by Customs authorities. The du ration of suspension is 10 days which can be 
extended for another 10 days.  
18.  Are competent authorities required to ac t upon their own initiative and, if so, in 
what circumstances? Are there any special provisions applicable to ex officio action? 
 
The competent authorities are permitted to initiate border measures ex officio, without the need 
for a formal request from a person or right holder. Such measures shall be used when there is reason to believe or suspect that goods being im ported or exported are counterfeit or pirated. 
 IP/N/6/THA/1 
 
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  19.  Describe the remedies that the compet ent authorities have the authority to order 
and any criteria regulating their use.  Section 25 of the Customs Act B.E.2469 (1926) provides that all goods or articles seized under the 
Act shall be delivered into the custody of the compet ent Customs official. If there is no such official 
within a reasonable distance, they shall be  delivered into the custody of the nearest Amphoe, who 
shall hold them on behalf of the Customs. All good  seized or forfeited under this Act or other laws 
relating to the Customs shall be disposed of as instructed by the Director-General. 
 If the goods seized are of perishable or their de tention poses a risk of damage or the expense of 
detention is more than reasonable, the Director-General or the person authorized by him may 
instruct the competent official to sell them by auction or by other means as appropriate before 
they become property of the State, and the pr oceeds thereof, deducted by all expenses and 
charges, shall be retained instead of the goods. 
 
Also, Section 17 of the Customs Act (No. 9) B.E.2482 (1939) provides that any goods shall in respect of which an offence has been committed under Section 27 of the Customs Law B.E.2469 
take in conjunction with Section 16 of the Customs Act (No. 9) B.E.2482 shall be forfeited, 
irrespective of the conviction or non-conviction of any particular person.  Remarks: 
 
Section 27 of the Customs Act B.E.2469 (1926) provid es that "Any person imports or brings into 
the Kingdom any tax unpaid, restricted, or prohibited goods, or any goods which has not duly 
passed through the Customs, or exports or takes su ch goods out of the Kingdom or assists in any 
way in importing or exporting or removing or assisting to removal without permission from any ship, quay, go down, warehouse, place of security, or store room, or provide the place to keep, or 
conceals such goods, or arranges other persons to do so or is involved in any manner in carrying, 
removing, or dealing with such goods in any manner to avoid or attempt to avoid the payment of Customs tax or of any duties of avoid or attempt to avoid any provisions of law and restrictions relating to the importation, exportation, landing, warehousing, and delivery of goods with the 
intention to defraud the government tax of His Majesty the King with must be paid for such goods 
or avoids the prohibition or restriction of such goods, for each offence the shall be a fine of four times the amount of price of the goods including duty, or to imprisonment for a term not 
exceeding ten years, or to both."  
 This has to be read in conjunction with Section 16 of the Customs Act (No. 9) B.E.2482 (1939) 
which states that the execution of any act provid ed in Section 27 and Section 99 of the Customs 
Law B.E.2469 shall be deemed to be an offence, irrespective of the existence or non-existence of any wilful intent or negligence.  
Criminal Procedures (Question 20-25) 
20.  Specify the courts which have jurisdicti on over criminal acts of infringement of 
IPRs. 
 
The only court that has jurisdiction over criminal acts of IPRs infringement in Thailand is the Central Intellectual Property and International Trade Court. 
 
21.  In respect of which infringements of wh ich intellectual property  rights are criminal 
procedures and penalties available?  
The type of IPR infringements which employ criminal procedures and criminal penalties are as 
follows:  
21.1  Trademark infringement under the Trademark Act B.E.2534 (1991) 
 21.2  Copyright infringement under the Copyright Act B.E.2537 (1994) 
 
21.3  Patent infringement under the Patent Act B.E.2522 (1979)  IP/N/6/THA/1 
 
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  21.4  Geographical Indications infringement under the Geographical Indications Protection 
Act B.E.2546 (2003) 
 21.5  Layout-designs of Integrated Circuits infringement under The Protection of Layout-
designs of Integrated Circuits Act B.E.2543 (2000) 
 
21.6  Plant Varieties infringement under The Plant Varieties Protection Act B.E.2542 (1999) 
 
21.7  Trade Secret infringement under The Trade Secret Act B.E.2545 (2002) 
 22.  Which public authorities are responsibl e for initiating criminal proceedings? Are 
they required to do this on their own init iative and/or in resp onse to complaints? 
 Generally, investigation officers are responsible for the initiation of criminal proceedings. In case of 
copyright and trade secret (Section 33 of the Trade Secrets Act B.E.2545 (2002)), complaints by 
the right holders are required to enable investigation officers to initiate criminal prosecution. Otherwise, the investigation is considered unlawful. Other types of IPRs infringement cases can, 
however, be commenced by the own initiation of investigation officers without any involvement of 
the right holders.  Under Section 28 of Criminal Procedure Code B.E.2477 (1934), (1) the public prosecutor and (2) 
the victim or injured person, including the intellectual property rights holder are entitled to 
institute criminal prosecution in court. "Injured Person" means a person who has received injury through the commission of any offence. This includes any other person who has the power to act 
on his or her behalf. 
 23. Do private persons have standing to init iate criminal proceedings and, if so, who? 
 
Yes. Under Section 28 of Criminal Procedure Code B.E.2477 (1934), (1) the public prosecutor and (2) the victim or injured person, including the intellectual property rights holder are entitled to institute criminal prosecution in court. "Injured Person" means a person who has received injury 
through the commission of any offence. This includes any other person who has the power to act 
on his or her behalf.   
24.  Specify, by category of IPR and ty pe of infringement where necessary, the 
penalties and other remedies that may be imposed: 
-  imprisonment; 
-  monetary fines; 
-  seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production; 
-  other. 
 
Penalties to be imposed against each IPRs infringement actually vary, depending on the charges. The information below is only an example of the penalties for each type of IPR. 
 
Trademark  
Primary infringement (such as manufacturing of infringing goods) and secondary infringement 
(such as selling infringing goods) contain identical penalties, i.e. maximum penalty of 4 years' imprisonment, or 400,000 baht fine, or both. In case of repeat offenders who recommit trademark infringement within 5 years after the date the p unishment of previous judgment has been served, 
double punishment will be imposed. After the ju dgment is rendered, infringing goods will be 
forfeited and subsequently destructed (Section 115).  
Copyright 
 Primary infringement: maximum penalty of 6 months to 4 years' imprisonment, or 100,000-
800,000 Baht fine, or both (Section 69). Second ary infringement: maximum penalty of 3 months-
2 years' imprisonment, or 50,000-400,000 Baht fine, or both. (Section 71) In case of conviction, the right holders shall have the right of ownership over the infringing goods and over half of the 
fine paid by the defendant under the judgment. Other materials used in the wrongdoing shall be 
forfeited (Section 75). Similar to trademark infringement, in case of repeat offenders who IP/N/6/THA/1 
 
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  recommit trademark infringement within 5 years after the date the punishment of previous 
judgment has been served, double punishment will be imposed.  
Patent 
 
Primary infringement and secondary infringement: maximum penalty of 2 years' imprisonment, or 400,000 Baht fine, or both (Section 85). Equipments, tools or materials used or to be used in 
patent infringement shall be forfei ted under Criminal Code Section 33. 
 
Geographical Indications 
 
Primary infringement: maximum penalty is 200,000 Baht fine (Section 39). Secondary 
infringement does not exist in the Geographical Indications Protection Act B.E.2546 (2003).  
Trade Secrets 
 Maximum penalty for trade secret infringement is 1 year imprisonment, or 200,000 Baht fine, or 
both (Section 33). It should be noted that the offense is compoundable (Section 37), which means 
it can be mutually settled between the right holder and the infringer.  
Layout-designs of Integrated Circuits 
 
Primary infringement: maximum penalty of 50,000-500,000 Baht fine (Section 22(1), 48). Secondary infringement: maximum penalty of 20,000-200,000 Baht fine (Section 22(2), 49). 
 
The Plant Varieties Protection Act 
 
Primary infringement and secondary infringement: maximum penalty of 2 years' imprisonment, or 
400,000 Baht fine, or both (Section 33).  If the Court imposes a fine of less than 80,000 Baht  and the fined person is not a juridical person 
and is unable to pay for the fine, that person may file a petition with the Court of First Instance 
and ask for an order to perform specific hours of community service instead (Section 30(1) of Penal Code). 
 
25.  Describe provisions governing the leng th and any cost of proceedings. Provide any 
available data on the actual duration of proceedings and their cost, if any. 
 
Length of criminal proceedings for IPRs infringement is not prescribed in written laws as it tends to be a practical matter. In general, however, it takes approximately 4-5 months before prosecutors can file the case to the court. In case of guilty  plea, the court will render judgment immediately. 
However, if the defendant pleads not guilty, trials begin and generally take about 6 months to 
3 years depending on the schedule of both parties and complexity of a particular case. There are no costs for IPRs prosecution.  
 
 
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