You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

March 13, 2026

Brand Owners Maximize ROI Through Criminal IP Proceedings in Thailand

Subscribe to Updates
Managing Intellectual Property

For decades, intellectual property rights holders seeking to eliminate counterfeit goods from the Thai market have relied primarily on criminal raid actions to seize infringing products and hold infringers accountable. The deterrent value of this approach is typically threefold: imposing criminal liability on infringers, removing counterfeit goods from circulation, and subjecting violators to imprisonment and fines. However, these outcomes often fall short of fulfilling brand owners’ broader objectives. In many cases, those prosecuted are merely staff or intermediaries rather than the principals orchestrating the infringing operations. Moreover, any fines imposed are remitted to the Thai government—not to the rights holders who have suffered commercial harm and invested substantial resources in investigation and coordination with law enforcement authorities.

As in other jurisdictions worldwide, rights holders seeking monetary compensation for IP infringement in Thailand have traditionally pursued separate civil litigation. Before initiating such proceedings, a brand owner must gather sufficient evidence to establish both the infringement and the resulting damages. Notably, Thai law does not recognize punitive damages; courts award only actual damages proven by the claimant. In the absence of seized infringing goods, the damages awarded in such cases are typically minimal. This all leaves rights holders with limited recourse despite possibly having suffered significant commercial injury.

In 2005, Thailand amended its Criminal Procedure Code to introduce Section 44/1, which enables rights holders to claim damages within criminal proceedings at the Intellectual Property and International Trade Court prior to the evidentiary hearing. In practice, this mechanism allows an injured party to submit a petition for civil damages directly within the criminal case initiated by the public prosecutor.

Historically, rights holders in Thailand have been reluctant to use Section 44/1 because the compensation awarded by courts was often insufficient to justify the effort. However, recent years have seen a notable shift in how Thai courts assess damages in criminal IP proceedings when the injured brand owner files a claim for compensation under Section 44/1. This development offers significant advantages: brand owners can now avoid the burden of parallel civil litigation and recover damages within the same criminal proceedings.

Although this procedural tool has long been available, its practical impact is now more significant than ever.

How One Brand Owner Recovered Damages in a Criminal Prosecution

In a recent matter involving counterfeit consumer goods, the legitimate brand owner engaged Tilleke & Gibbins to conduct a market investigation aimed at tracing the source of infringing products. Beyond identifying retail outlets, the investigation mapped distribution channels, identified upstream suppliers and manufacturers, and gathered documentary and physical evidence sufficient to support criminal enforcement.

Based on the evidence collected, enforcement authorities conducted a raid action. The seized goods were confirmed to be counterfeit, and the police subsequently submitted the investigation file to the public prosecutor, who proceeded with criminal charges.

Once the criminal complaint was formally filed, the brand owner exercised its right under Section 44/1 to submit a petition for damages as the injured party within the same criminal proceedings. The damages claim submitted was structured into three main components:

  • Property damage and lost sales. Calculated based on the official wholesale price of the genuine product in Thailand multiplied by the total number of counterfeit units seized during the raid.
  • Damage to reputation and goodwill. Claimed as a lump-sum amount to reflect the unlawful exploitation of a globally recognized brand, dilution of distinctiveness, consumer confusion, and potential erosion of trust in widely consumed goods.
  • Enforcement and legal costs. Covering investigation expenses and legal fees incurred in tracing the source of counterfeit goods and supporting the raid action, supported by documentary evidence.

In cases involving consumer goods that may pose health or safety risks, Thai courts have shown heightened sensitivity. Likewise, in cases with counterfeit goods relating to products used in daily consumption or personal care, courts recognize not only trademark infringement but also the broader public interest dimension, as these counterfeit goods may endanger consumers and undermine trust in legitimate distribution channels.

In this case, the court rendered its judgment in favor of the brand owner, ordering the defendants to pay approximately half the total damages claimed. The court’s granting of the enforcement costs in full and awarding of a substantial amount for reputational harm was a clear recognition of the commercial and consumer impact of counterfeit goods.

This development signals an increasingly pragmatic and brand-conscious approach by the Thai IP Court, particularly in cases involving widely consumed products.

Strategic Implications for Brand Owners

This case illustrates how an enforcement action in Thailand can deliver both criminal accountability and financial recovery within a single proceeding. Specifically, it highlights four important considerations for businesses forming IP enforcement strategies in Thailand:

  • Investigation quality. As part of an integrated enforcement strategy, a well-documented investigation that traces supply chains and preserves evidence strengthens both criminal prosecution and any subsequent damages claim.
  • Substantiation of reputational harm. Courts are increasingly receptive to structured explanations of brand value, distribution networks, quality control systems, and consumer trust.
  • Claiming damages within Thai criminal proceedings. Invoking Section 44/1 offers efficiency and leverage by avoiding the time and expense of separate civil litigation and aligning with public prosecution.
  • Emphasizing consumer safety. Sectors involving consumer safety receive particular judicial attention. Brand owners operating in food, cosmetics, pharmaceuticals, personal care, and other daily-use product markets may benefit from stronger damage assessment where consumer risk is demonstrable.

International brand owners evaluating enforcement options in Thailand should note the Thai judiciary’s deepening engagement with the economic harm and implications of IP infringement. While the country’s specialized IP Court has long been a strong point, this further evolution shows that Thai courts are not merely focusing on punishing infringers but are increasingly recognizing the commercial consequences borne by brand owners.

As a result of this shift, raid actions in Thailand should no longer be viewed solely as deterrent measures. They are becoming financially rational enforcement tools capable of generating tangible recovery.

In practical terms, the return on investment in well-prepared raid actions has steadily improved. With careful evidence gathering, strategic formulation of damages, and effective use of procedural tools, rights holders can now achieve both criminal accountability and meaningful financial redress within a single proceeding. This is an important step toward more commercially aligned and brand-conscious IP enforcement in Thailand.

This article first appeared in Managing Intellectual Property.

Related Professionals

Practices

Dispute Resolution and Litigation

Intellectual Property

Location

RELATED INSIGHTS​ 

August 6, 2026
Every month, VAT-registered businesses in Thailand calculate their output and input VAT and file a return to pay the net amount due or claim a refund. Yet a common and costly dispute arises when a business that has paid input VAT to its supplier—and done everything asked of it—later finds that input VAT rejected on the grounds that the tax invoice was issued by “a person not entitled to issue tax invoices.” In these cases, a buyer may have confirmed the supplier’s VAT registration on the Revenue Department’s website, paid through the banking system, received a complete tax invoice, and kept full payment and inventory records. Even so, if the Revenue Department later determines that the supplier did not genuinely make the sale or collected the VAT without remitting it, the department can disallow the input VAT and assess additional tax, surcharge, and penalty—often more than a year after the transaction. A new article from tax and dispute resolution specialists at Tilleke & Gibbins in Bangkok examines how the Revenue Department and the courts approach these disputes, including two recent Supreme Court (Tax Division) decisions confirming that the taxpayer bears the burden of proving a supplier genuinely sold and delivered the goods and received payment. It considers why the VAT registration system offers no legal safe harbor, why the evidentiary burden falls hardest on online and cross-border transactions where buyers and sellers never meet, and how the Revenue Department’s own digital infrastructure could detect non-remitting suppliers at the source rather than shifting the loss to good-faith buyers. The article also sets out practical guidance: how to build a comprehensive “know-your-supplier” file at the time of a transaction, the procedural steps and strict deadlines for challenging a VAT assessment, and why dispute readiness belongs alongside tax planning at the center
Read More
August 4, 2026
Intellectual property (IP) protection sometimes hinges on fame and recognition. However, this alone will not always be sufficient to overcome an IP dispute when it involves contractual obligations or registered rights. Below are five cases from around the world that tackle some of the basic issues in IP registration, ownership, commercialization, and enforcement. 1. USA: Taylor Swift Trademark Application Refused Taylor Swift recently filed a trademark application to register “The Life of a Showgirl,” which is the title of her 12th studio album. When examining a trademark application, the examiner considers various factors before deciding whether it should be registered. One of these factors is whether there is a likelihood of confusion (i.e., would a regular consumer mistake the origin of the trademark). In Taylor Swift’s case, the US Patent and Trademark Office (USPTO) decided that that there would be a risk of confusion. This decision was based on the existing registered trademark, “Confessions of a Showgirl,” owned by Maren Wade, which was registered in 2015. The USPTO refused Taylor Swift’s application based on the shared key distinctive element “of a showgirl,” the lack of sufficient distinguishing terms, the marks being used in overlapping markets (entertainment and performances), and because consumers may assume a common commercial source. Maren Wade then filed a lawsuit in California against Taylor Swift and her affiliated companies, arguing that Taylor Swfit’s branding is confusingly similar in structure, wording, and overall commercial impression to her registered mark. She is also drawing on the USPTO’s refusal of Taylor Swift’s application to support her argument of a likelihood of confusion. A judgment has not yet been reached in this case, but it serves as an important reminder of the importance of satisfying the essential elements required for IP registration. 2. Australia: Katy Perry v. Katie Perry In
Read More
July 27, 2026
Vietnam’s new E-Commerce Law, which took effect on 1 July 2026 along with its implementing Decree No. 248/2026/ND-CP (Decree 248), marks a significant development in the country’s approach to online intellectual property (IP) enforcement, reflecting a clear shift from a reactive model of intermediary liability to one that expects platforms to play a more active role in preventing infringement. From notice-and-takedown to platform responsibility The most significant change introduced by the E-Commerce Law is the transformation of the legal role of e-commerce platforms. The existing safe harbor provisions under the IP Law and the copyright notice-and-takedown regime established by Decree 17/2023/ND-CP (Decree 17) largely required intermediaries to act only after receiving notice of infringement. Once infringing content had been removed, the platform’s legal obligation was generally considered fulfilled. The new legislation adopts a fundamentally different approach. Article 17 of the E-Commerce Law requires intermediary platforms to screen information relating to goods and services before publication in order to prevent listings involving counterfeit or IP-infringing goods, and goods of unknown origin. Rather than relying exclusively on complaints from rights holders, platforms are now expected to implement preventive measures before infringing listings become publicly available. Decree 248 further requires platforms to update keyword filters based on recommendations issued by competent authorities. These filtering mechanisms are intended to prevent prohibited listings from appearing on the platform and represent a further move away from a purely complaint-driven enforcement model. The legislation also introduces Vietnam’s first statutory stay-down obligation. Under the E-Commerce Law and Decree 248, major digital platforms must maintain automated systems capable of reviewing, warning against, and removing unlawful listings while also implementing measures to prevent repeat violations, defined under Decree 248 as conduct that has previously been identified and handled by the platform, but continues to recur. This obligation addresses one
Read More
July 27, 2026
Tilleke & Gibbins’ intellectual property specialists have authored the Thailand chapter of Trade Secrets 2026 from Chambers and Partners. This global guide examines the legal frameworks governing trade secret protection, enforcement, and litigation across jurisdictions worldwide. The Thailand chapter provides a comprehensive overview of the country’s legal regime for protecting confidential business information, covering the legal framework, trade secret misappropriation, litigation procedures, remedies, and dispute resolution. Some topics covered include: Protectable trade secrets Reasonable measures to maintain secrecy Employee confidentiality Trade secret licensing Civil and criminal remedies Litigation procedures and injunctions Damages and other remedies Mediation and arbitration The guide also examines practical issues relating to safeguarding trade secrets, defending against allegations of misappropriation, and managing trade secret disputes in Thailand. Chambers and Partners’ Global Practice Guides provide in-house counsel with authoritative commentary on practical legal issues affecting business, enabling readers to compare legislation and procedures across multiple jurisdictions. The Thailand chapter of Trade Secrets 2026 is available as a PDF through the button below. The full guide can be accessed for free on the Chambers and Partners website.
Read More