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

February 15, 2022

E-commerce Platforms Team Up with Brand Owners and Government to Fight Online Counterfeiting in Thailand

Subscribe to Updates
World Trademark Review

The sale of counterfeit goods online is as damaging to government efforts and consumer safety as it is to the reputation of the e-commerce platforms and brand owners involved. In this guest piece, Andy Chua, senior vice president of the IP Rights Protection Team at e-commerce giant Lazada, joins Tilleke & Gibbins’ Suebsiri Taweepon and Ploynapa Julagasigorn to discuss how stakeholders can work together to combat the growing threat of counterfeits online – with recent efforts in Thailand a prime example of effective action. This article, which was first published in World Trademark Review, is the second in a two-part series about trademark enforcement against online counterfeits.

 

Technological developments, government policy and the covid-19 pandemic have brought about significant changes to the lifestyle and behaviour of ordinary consumers. Shopping increasingly takes place on e-commerce platforms as people become more familiar with online transactions, encouraging many sellers to turn their focus to online platforms. While this shift to online retail has brought benefits for many, it has also provided additional ways for sellers of counterfeit goods to peddle their wares.

The sale of counterfeit goods online tarnishes the reputation of e-commerce platforms among users, compromises consumer trust in brand owners’ products and undermines public authorities’ efforts in enforcing anti-counterfeiting policies. This dynamic problem cannot be resolved by a single entity alone. Instead, all stakeholders need to work together to amplify their efforts in consumer and brand protection.

Collaborating against counterfeits in Thailand

We see such collaborations between stakeholders in regions such as Thailand, where the Department of Intellectual Property (DIP) has signed a memorandum of understanding (MOU) with various parties that are committed to combatting the spread of counterfeit products online. The inaugural signing ceremony for the MOU was held on 11 January 2021, with 20 initial signatories drawn from the public sector (eg, the DIP, the Department of Business Development and the Department of International Trade Promotion), rights holders, e-commerce platforms (including Lazada) and law firms (including Tilleke & Gibbins).

Since the ceremony, signatories have been actively participating in activities to ensure the effectiveness of the MOU. The first meeting of members was held on 11 March 2021, where members had the opportunity to:

  • share information on infringement activities;
  • collaborate in monitoring and reporting counterfeit products across online platforms;
  • encourage and work towards the adoption of a standard cross-platform reporting system; and
  • discuss obstacles and solutions in pursuing counterfeiters.

By the time of the follow-up meeting on 19 July 2021, a further 10 stakeholders had signed the MOU. At this meeting, members discussed the information that should be required from sellers to register on platforms and the terms that should apply between platforms and sellers. They also discussed strategies for raising public awareness of IP infringement and shared crucial information on successful anticounterfeiting cases.

In October 2021, a focus group of IP owners, law firms and online platforms met to discuss the reporting systems of different platforms, building on the challenges to effective enforcement identified at the previous meetings. Members discussed the IP infringement reporting systems that they use, listing all the documents that are required by each platform and identifying the need to set standard practices for all online marketplaces in Thailand.

The DIP has been entrusted to coordinate with stakeholders to develop guidelines on standard reporting systems. The guidelines will allow users to easily understand and comply with the requirements of any platform, making it much easier for users to work with platforms to protect their IP rights online.

Panasonic case yields positive results through cooperation

Close collaboration between e-commerce platforms, brand owners, law firms and government authorities led to several successful anticounterfeiting activities over the course of 2021.

A prime example of this was the successful raid of more than 80,000 counterfeit Panasonic batteries on 18 May 2021. The case began when Panasonic, which had been monitoring online marketplaces, found suspected counterfeit products being sold on the Lazada platform by several shops sharing the same address.

An investigation was opened, and Lazada worked closely with Panasonic to help identify the infringers. Tilleke & Gibbins then assisted Panasonic in locating and identifying the stockroom containing the counterfeit goods and in coordinating with government officers.

This collaboration led to a raid action by the Thai Police Economic Crime Suppression Division and the seizure of more than 80,000 counterfeit Panasonic batteries – the largest-ever seizure of Panasonic products in the Asia-Pacific region. The cooperation between Lazada, Panasonic, Tilleke & Gibbins and the Thai enforcement authorities resulted in the successful removal of these counterfeit products from the market to the benefit of platforms, brand owners and consumers alike.

Looking ahead

While much has been achieved, there are still several significant challenges to combatting IP infringement online. The sale of counterfeit goods on social media, for example, remains a major issue, highlighting the need for social media companies to become signatories of the DIP’s MOU.

Another problem is the way in which infringers obscure their identities by registering fake information with the platforms on which they operate. Rather than taking down individual webpages, brand owners must be able to identify stockrooms in order to uproot counterfeiters completely.

E-commerce platforms, IP owners, law firms and government authorities are continuing to work together to identify and develop solutions to these issues. In spite of the challenges, close and active collaboration between these stakeholders will pave the way to making the Internet uninhabitable for counterfeiters.

Related Professionals

Industries

Technology

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

September 17, 2026
Thailand’s Office of the Consumer Protection Board (OCPB) has released for public comment a draft bill to amend the Consumer Protection Act B.E. 2522 (1979), the country’s foundational consumer protection legislation. The draft amendment aims to modernize the nearly five-decade-old framework to address the rapid growth of digital commerce, online advertising, influencer marketing, and new business models. The public consultation period is open until October 10, 2026. Expanded Definitions Covering Digital Commerce The draft significantly broadens several core definitions to capture modern commercial activities: “Consumer” is expanded to include natural persons and nonprofit juristic persons who purchase or receive services, including those solicited by businesses and end users who do not directly pay for the goods or services. “Business operator” now explicitly covers advertising business operators and hired advertising persons, such as influencers and content creators. “Advertising media” is expanded to include digital platforms, social media, and social media user accounts. “Label” now encompasses electronic labels—symbols, codes, or other electronic formats displaying product information. Influencer and Advertising Disclosure Requirements In addition to these expanded definitions, “hired advertising person for selling goods or services” is a new definition covering influencers, content creators, live streamers, affiliate marketers, and virtual online media operators who receive monetary compensation or other benefits for advertising goods or services. Hired advertising persons—including influencers and content creators—must disclose to consumers that content is advertising and reveal their relationship with the business owner. Disclosure is required when the business owner employs the advertiser, pays or provides other benefits for the advertisement, or provides free or discounted products or services. These requirements apply where consumers would not otherwise know that the business has a connection to the person presenting the content. Labeling Requirements for Importers The draft introduces a clearer labeling obligation for importers of label-controlled goods, who must
Read More
September 11, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published a new five-year master plan that will bring significant regulatory changes to the broadcasting and digital media sectors, including formal licensing requirements for internet-based audiovisual services. The Master Plan for Broadcasting and Television, 3rd Edition (B.E. 2569–2573/2026–2030) was published in the Government Gazette on September 1, 2026, and will affect OTT platforms, internet-based audiovisual service providers, and traditional broadcasters. Licensing Reform The NBTC will develop new licensing frameworks ahead of existing digital television license expirations, which are slated to occur between 2028 and 2030. This creates both uncertainty and opportunity for incumbents and new market entrants. New licensing criteria will also be developed for audiovisual services delivered over the internet, meaning previously unregulated internet-based providers may face licensing, fee, and content obligations for the first time. The plan also calls for a new law to govern converged communications services. OTT Regulation and Content Oversight The plan explicitly acknowledges and aims to lessen the regulatory asymmetry between traditional broadcasters—which are subject to licensing, fees, and content regulation—and internet-based services that currently face fewer obligations. The NBTC intends to develop regulatory frameworks to bring internet-based audiovisual services, including OTT platforms, streaming services, and user-generated content platforms, under content, consumer protection, and licensing requirements. Consumer Protection and Digital Rights The NBTC will strengthen its oversight of broadcasting, television, and telecommunications operators to ensure compliance with consumer protection and personal data protection requirements. This includes updating relevant notifications and orders and more strictly enforcing rules against practices that unfairly exploit consumers. These measures may layer NBTC-specific requirements on top of Thailand’s existing Personal Data Protection Act obligations. Stricter enforcement against practices that exploit consumers is a priority, with particular scrutiny on advertising practices. The NBTC will modernize complaint resolution processes, meaning service providers should
Read More
September 7, 2026
On September 4, 2026, Thailand’s prime minister convened the first meeting of the Data Center Business Policy Committee. The committee endorsed a draft policy framework for the data center industry and tasked four subcommittees with developing the standards that would sit beneath it, shifting away from fragmented, agency-by-agency approvals toward a unified national strategy aiming to maximize economic value while managing environmental and infrastructure concerns. Proposed Scope and Pillars of the National Data Center Policy Framework The proposed framework would cover all types of data centers, including internal or captive facilities operated within a company or its affiliates, rather than only commercial third-party providers. If adopted in this form, companies running private data centers purely for internal purposes would also become subject to regulatory oversight. Minimum safety and operational standards would be established, with uniform enforcement across all categories. The committee endorsed a draft policy framework with four key pillars: Industrial classification: Data centers exceeding 2 MW would be classified as industrial operations, which may require factory licenses and environmental impact assessments under the Factory Act. Resource pricing: Utility rates would be structured to reflect both direct and indirect costs, supporting green energy and green data center standards. Centralized screening: A centralized review would evaluate project suitability and resource allocation. Operators may be required to submit proposals through periodic “pitching” rounds, where projects are competitively assessed on their potential economic and strategic benefits to Thailand. Digital ecosystem: The framework would prioritize data sovereignty, tax incentives, and conditions promoting domestic digital businesses, AI, and cloud infrastructure. Multidimensional Evaluation Criteria and Subcommittees Four subcommittees will be established to develop standards responsible for the following dimensions: Economic: Criteria for assessing the economic viability of data center projects, for use in prioritizing data centers based on infrastructure readiness, demand type (including AI factories),
Read More
September 4, 2026
Foreign business restrictions on telecommunications, treasury center businesses, and intragroup support services were eased when Thailand published the Ministerial Regulation Prescribing Service Businesses Not Requiring Permission for Foreign Business Operations (No. 5) B.E. 2569 (2026) in the Government Gazette on August 28, 2026. The ministerial regulation expands the categories of service businesses that foreign investors may operate without a foreign business license (FBL) under the Foreign Business Act B.E. 2542 (1999) (FBA). Of particular relevance to the telecommunications, fintech, and technology sectors, the ministerial regulation exempts: Type 1 telecommunications licensees, which do not have their own networks; Treasury center businesses operated in accordance with Thailand’s exchange control regulations; and Certain intragroup administrative, human resources, and information technology management services. Telecommunications Services Foreign-owned businesses providing telecommunications services under a type 1 telecommunications license may now operate without obtaining an FBL. This may streamline market entry for qualifying telecommunications and digital infrastructure businesses. The exemption applies only to the FBA licensing requirement. Operators must continue to comply with applicable requirements under the Telecommunications Business Act and the regulations of the National Broadcasting and Telecommunications Commission, and the change does not affect foreign ownership restrictions applicable to type 2 or type 3 telecommunications businesses. Treasury Center Businesses The ministerial regulation also exempts qualifying treasury center businesses from the FBL requirement. This may facilitate centralized treasury functions in Thailand, including liquidity management, foreign exchange management, and intragroup funding arrangements. Treasury center operations remain subject to applicable requirements of the Bank of Thailand and other competent authorities. Intragroup Administrative, HR, and IT Services Certain administrative, human resources, and information technology management services provided between affiliated entities are also exempt, provided the relevant entities satisfy prescribed ownership or management criteria. The exemption is available where the service provider and recipient are related through specified ownership
Read More