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August 30, 2024

Developments in IP Enforcement: Tracing the Identity of Online Infringers in Thailand

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With the emergence of online marketplaces and e-commerce platforms, consumers have transformed their ways of engaging in transactions, gaining unprecedented convenience and access to a vast array of products. These platforms allow small businesses and individual entrepreneurs to reach a wider audience in an increasingly competitive market.

Challenges in Tracing Online Infringers

The growth of these online marketplaces and e-commerce platforms has also given rise to challenges, particularly in locating the actual identity of online infringers and combating intellectual property infringement activities. Online infringers often take advantage of anonymity to offer counterfeit products for sale on their platforms. Not only do these online infringing activities violate the rights of IP owners, but they also involve the sale of counterfeit products that are often manufactured with inferior quality and may pose significant risks to consumers’ health and safety.

In today’s modern world, tracing the actual identity of online infringers proves challenging, as infringers adopt numerous methods to conceal their identity. The most frequently used method is using a fake name and address when dispatching parcels to consumers, making it difficult to verify the seller’s identity and the location of the sender on the parcel package. Some infringers exploit cash-on-delivery logistics services to prevent the disclosure of their identity, such as bank account numbers and bank account owner names, which would typically be required for direct payments. Instead, the shipping company collects the payment on their behalf, allowing the infringers to remain anonymous and making it more difficult to find their actual identity.

Thailand’s New Regulations on Cash-on-Delivery Logistics Services

Recently, the Committee on Contracts of Thailand’s Consumer Protection Board announced the Notification regarding Stipulation of Cash-on-Delivery Logistics Services as a Controlled-Receipt Business B.E. 2567 (2024) under the Consumer Protection Act B.E. 2522 (1979) in the Thai Royal Gazette dated July 3, 2024. This notification will come into force on October 3, 2024.

The notification stipulates cash-on-delivery logistics services as a controlled-receipt business and imposes requirements for logistics business operators on the issuance of receipts with specific details, payment holding periods, consumer rights, and refund obligations.

Under the receipt specification requirements, issuance of receipts to consumers for cash-on-delivery transactions is mandatory for logistics business operators. The receipt must be in Thai, and the text should be clearly readable, with a font size no smaller than 2 millimeters and no more than 11 characters per inch. The following essential information and conditions must be included in the receipt:

  • Sender’s details, including at least name and surname of individual or name of juristic person, address, telephone number, email;
  • Logistics business operator’s details, including at least name and surname of individual or name of juristic person, address, telephone number, email;
  • Details of the goods delivery, such as tracking number, location of logistics business operator, delivery personnel details, name of the authorized person issuing the receipt, description of goods, price of goods, payment holding period, and refund period;
  • A statement indicating the consumer’s right to reject the delivered goods; and
  • Signatures of the authorized person issuing the receipt and the consumer receiving the goods

This notification provides better solutions to cope with challenges in revealing the identity of the seller in transactions using cash-on-delivery, which is one of the methods employed to hide the actual identity of sellers or money recipients.

The requirement to declare the sender’s details on the receipt issued to consumers for cash-on-delivery transactions is a positive development in strengthening regulations on monitoring and controlling such transactions. This requirement enhances transparency and accountability, making it more challenging for online infringers who rely on cash-on-delivery logistics services to operate anonymously.

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