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

September 1, 2020

The First Case against Trademark Infringement under Thailand’s Computer Crime Act

Subscribe to Updates
Informed Counsel

As the Thai government became increasingly aware of the exponential rise of online IP infringement, in 2017 the government amended the Computer Crime Act (CCA) to give IP owners the option of blocking websites containing IP-infringing content. In the years following this, however, no trademark owner relied on the website-blocking measures under the amended CCA, which are set out in section 20(3) of the law. This changed recently, when Tilleke & Gibbins assisted our clients in filing complaints under section 20(3) of the CCA against websites infringing trademarks online. This article will briefly discuss the legal measures under section 20(3) along with our firsthand experience in the first case to use this provision against online trademark infringement in Thailand.

Since this provision became effective, more than 90 cases have been brought to the Department of Intellectual Property (DIP) and more than 1,400 URLs from more than 50 websites have been successfully blocked. However, based on our knowledge, these cases were primarily brought for copyright infringement, especially in relation to the film and music industries. No trademark owner had ever brought a case to take action against online trademark infringement.

Our client, a Japanese multinational corporation specializing in cameras and optical technology, received complaints from customers about a website selling dashboard cameras bearing the client’s trademark. With the aim of shutting down the infringing websites immediately, we assisted the client in sending cease-and-desist letters to the website operator, the website registrar, and the seller. Despite our attempts to coordinate with the concerned parties, we did not receive any cooperation from them.

As time passed, several other similarly infringing websites came to our attention, and it appeared that traditional measures would not be the right approach to combat the ongoing infringement of our client’s trademark. Therefore, we recommended to the client that they consider the applicable website-blocking measures under the CCA.

These measures were untested. While section 20(3) of the CCA allows trademark owners to request website blocking by filing a complaint with the concerned authorities, no one had previously taken advantage of this legal option. As a result, some concerns were raised by DIP officers as they had not previously used such a strategy in a trademark infringement case. After several consultations with the DIP officers, we finally filed a complaint for trademark infringement directly with the DIP on January 23, 2020, without the need to initiate a case with the police. This complaint was the first submitted directly to the DIP in relation to a trademark infringement matter.

After careful consideration, the director-general of the DIP agreed with us that the act of offering dashboard cameras bearing our client’s trademark for sale without authorization constituted an infringement of our client’s trademark under section 110(1), in combination with section 108, of the Trademark Act B.E. 2534 (1991). The DIP then forwarded the matter to the Ministry of Digital Economy and Society (MDES) for further action. After the minister approved our case, the responsible MDES officer was able to file a complaint with the court requesting that the infringing websites be blocked. The court subsequently allowed the website blocking to proceed as requested, and this instance of online infringement of our client’s trademark was stopped.   

This first test case shows that the website-blocking measures under the CCA are actionable and effective for online trademark infringement cases in Thailand. This has implications not only for copyright and trademark owners but also for other IP owners looking to eliminate online infringement of their products or services, and protect their valuable brands and IP assets. This new tool in the IP enforcement toolkit offers effective and efficient new possibilities for those seeking to enforce their rights against online infringement—a positive development in the fight against an avenue of infringement that can sometimes be difficult to block

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

August 28, 2026
When considering a franchise, many people first think of a restaurant, retail chain, or service outlet. From a legal perspective, however, the foundation of every franchise lies in the right to use a brand, which is typically granted through a trademark license. Trademarks are often the most valuable assets in a franchise system. Through a trademark license, a franchisor authorizes a franchisee to use its trademarks, logos, and branding while maintaining control over how the brand is presented to customers. The Role of Trademarks in Franchise Businesses Under the Trademark Law 2019, a mark is defined as a sign that is capable of distinguishing the goods or services of one undertaking from those of others in the course of trade. This distinguishing function is particularly important in a franchise arrangement, where the franchisee’s use of the franchisor’s trademark allows consumers to recognize the source, quality, and reputation of the business. In this way, trademarks help preserve brand identity, strengthen market recognition, and protect the commercial value of the franchise system. Legal Foundation for Franchise Brand Protection Myanmar presently does not have a specific statutory framework governing franchise arrangements. As a result, franchise agreements are generally regulated under the broader applicable legal framework, including the Contract Act 1872, the Trademark Law 2019, the Competition Law 2015, the Consumer Protection Law 2019, and the relevant implementing rules and regulations. The licensing of trademarks within a franchise arrangement is particularly governed by the Trademark Law 2019. Franchisors should ensure that the trademarks intended to be licensed to franchisees in Myanmar are registered under the Trademark Law 2019 and that the relevant trademark license is properly recorded with the Intellectual Property Department (IPD). Trademark License Recordal Under the Trademark Law 2019, the owner of a registered trademark may grant a license to another
Read More
August 27, 2026
It is generally understood that patents are granted for new designs that have not been widely known or used in Thailand and not been disclosed anywhere prior to the date of the patent application. It is trite law that design law protects the distinctive appearance or products. Under Section 3 of the Thai Patent Act B.E. 2522, as amended by the Patent Act (No. 2) B.E. 2535 and the Patent Act (No. 3) B.E. 2542, a design is defined as “any form or composition of lines or colors that gives a product a special appearance and can serve as a pattern for an industrial or handicraft product.” This raises an important question. Can a patent be issued for a product design that contains text, numerals, trademarks, or symbols that do not fall under the definition of a design? This issue commonly arises when attempting to register packaging, labels, and graphical user interfaces (GUIs). Until a few years ago, applicants could file design applications with the Thai Patent Office for designs that contained such elements, provided that an appropriate disclaimer was included. This practice was generally accepted by Thai design examiners at that time, but the Patent Office has since implemented a change in its practice that could have a significant impact on applicants for design patents. Where design representations are submitted as line drawings or computer-aided design (CAD) drawings, the examiner may now issue an office action requiring their removal. This practice, however, appears to be applied inconsistently, as some examiners still exercise their own discretion in determining whether drawings containing these elements are acceptable. Below are examples of a GUI design, a CAD drawing design, and a photographic design representation that illustrates issues relating to the presence of nonallowable elements. GUI design For this GUI design, the submitted
Read More
August 27, 2026
Franchising in Thailand has matured into a sizeable commercial sector, but the rules governing franchisor–franchisee relationships remain scattered across general legislation rather than consolidated in a dedicated franchise statute. In this environment, the decisions of the Trade Competition Commission of Thailand (TCCT) have emerged as valuable practical guidance. Thailand follows a civil-law system in which judicial and administrative decisions do not create binding precedent; however, past rulings are nonetheless influential. This article examines the most instructive recent TCCT decisions and distills the practical compliance considerations for franchisors and franchisees operating in Thailand. Postcontract Changes: Justified or Unfair? A recurring issue is whether a franchisor may alter the terms of engagement after contract execution. The TCCT has established that midterm modifications are not inherently unfair; the determinative factors are whether there was a reasonable business justification, adequate advance notice, and a transparent process. In a 2023 coffee franchise matter, for instance, the TCCT declined to find a violation where a franchisor increased raw material prices, noting the increase had been communicated in advance and supported by demonstrable cost pressures. A bubble tea franchise matter reinforces this principle. The TCCT found that postcontract mandatory purchases of branded syrup and flavorings were justified, as the agreement reserved the franchisor’s right to modify product requirements, the materials were sold at or below market prices, and the branded ingredients possessed distinctive qualities deemed essential to franchise quality. The complaint was dismissed, with the additional requirements characterized as a legitimate measure to preserve brand consistency. Considered together, these decisions indicate that post‑contract modifications will be evaluated against three criteria: (1) whether there is a legitimate business rationale, (2) whether adequate advance notice was provided, and (3) whether franchisees were treated equitably throughout the transition. Discriminatory Treatment: Are Renewals and Information Equal? A 2024 automotive dealership
Read More
August 20, 2026
As part of its membership in Lex Mundi, Tilleke & Gibbins has released the latest edition of its Guide to Doing Business in Thailand, providing an overview of the legal, regulatory, and commercial considerations for companies establishing or expanding operations in Thailand. The 2026 edition offers practical insight into the country’s business environment, investment framework, and operational requirements. The guide covers a wide range of topics relevant to foreign and domestic investors, including: Investment incentives and promotion schemes Financial facilities and banking regulations Exchange controls and money transfers Import and export regulations Business structures and incorporation options Requirements for establishing a business Operational and compliance considerations Business cessation and insolvency procedures Employment and labor laws Taxation Immigration and visa requirements Prepared by Tilleke & Gibbins lawyers across multiple practice areas, the publication outlines key aspects of doing business in Thailand, including foreign investment restrictions, regulatory compliance obligations, corporate structures, employment requirements, and recent legal and economic developments affecting investors. The publication forms part of Lex Mundi’s Country Guides series, a global collection of jurisdiction-specific reference materials prepared by member firms around the world. Together, these guides help companies evaluate opportunities, compare regulatory environments, and plan international business activities across multiple markets. The full Guide to Doing Business in Thailand 2026 is available through the button below.
Read More