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October 16, 2020

Historic IP Damage Award Judgment in Thailand

Tilleke & Gibbins’ patent litigation team obtained a historic damage award judgment in Thailand of over THB 106 million (approximately USD 3.5 million) in favor of our client, INVE Aquaculture, a world-leading pioneer in the aquaculture industry with a focus on innovative hatchery products and processes for producing quality live food sources for seafood production, in a patent litigation case against an infringer in Thailand.

Our client’s valuable aquaculture technology involves an innovative method and a proprietary chemical substance that is used to significantly increase hatching rates of live aquatic feed, providing considerable commercial value in aquaculture production. After conducting market research, our client indicated that three of their patents were being infringed upon by multiple competitor companies in Thailand. Upon receiving instructions, we quickly strategized with the client to develop effective enforcement and litigation strategies suitable to fight multiple infringers, and collaborated with our client’s scientific experts to analyze the highly technical aspects of the case. After initial planning, we initiated separate litigations cases against two Thai companies.

For the first case, we were able to frame a very strong argument proving patent infringement, which ultimately resulted in the Intellectual Property & International Trade (IP&IT) Court handing down Thailand’s highest-ever award for damages in an IP case—over THB 106 million (approximately USD 3.5 million).

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December 9, 2025
Tilleke & Gibbins is proud to announce that four litigation cases handled by the firm have been selected among the nine Distinguished Judgment Awards granted by Thailand’s Central Intellectual Property and International Trade Court (IP&IT Court) for the period from October 1, 2024, to August 31, 2025. This recognition highlights the complexity, novelty, and legal significance of these cases, which were chosen based on stringent criteria including new legal issues, high evidentiary volume, and intricate legal arguments. Among these four cases, one was singled out as the “Most Distinguished Judgment” – the landmark trademark squatting case involving the trademark rights of our client, Thailand’s largest state-owned energy conglomerate, and its subsidiary. In this case, the defendants had filed 52 trademark applications mimicking our client’s marks, making it the largest trademark squatting dispute in Thai history. On April 30, 2025, the IP&IT Court ordered the cancellation of multiple infringing trademarks, setting a benchmark for IP enforcement against trademark squatters in Thailand. The other three recognized cases demonstrate Tilleke & Gibbins’ breadth of expertise in IP litigation: Patent infringement and invalidation involving trade secrets misappropriation. Trade dress infringement of a unique packaging. Landmark Luckin Coffee case involving trademark infringement and invalidation. The IP&IT Court handles approximately 200 IP civil litigation cases each year, and our IP litigation team has typically been involved in 25–30% of them, reflecting our dominant role in shaping IP jurisprudence in Thailand.