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

May 23, 2013

IP Enforcement Training for Customs Across Thailand

Subscribe to Updates
Informed Counsel

Border measures are at the frontlines of IP enforcement efforts to stop the spread of counterfeit goods both domestically and internationally. By raising the awareness of Royal Thai Customs Department officials and educating them on how to verify genuine and counterfeit goods, brand owners can increase their effectiveness in taking aggressive actions against IP infringement.

With this goal in mind, Tilleke & Gibbins recently cooperated with 10–15 of our major clients, including companies focused on alcoholic beverages, apparel, electronics, and consumer products, to hold IP enforcement training sessions for three main Customs regions, covering 34 ports in total, located near Thailand’s borders with Laos, Myanmar, and Malaysia.

Northeastern Region

The training for Customs Region II in northeastern Thailand was held on March 12, 2013. Fifty-seven Customs officers attended the event, which was opened by Mr. Charnchai Chobcheunchom, Director of Customs Region II. This Customs region covers nine ports, all of which are located on the Thai-Laos border: Nongkai, Ta-li, Chiangkhan, Buengkan, Nakornpanom, Mukdaharn, Khemmarat, Phibulmungsaharn, and Chongjom.

In our experience, most counterfeit goods found and seized at these ports are carried over the border between Thailand and Laos by individual smugglers. Although the amount of counterfeit products smuggled into the country with each individual carrier is not significant, it is known that the illegal traders’ technique is to use tremendous numbers of people to cross the border several times a day, every day.

Northern Region

On March 14, 2013, we provided training for 52 officers from Customs Region III in northern Thailand, which covers nine ports: Maesai, Chaingkhong, Maesot, Chiangsan, Chiangmai Airport, Mae Hongson, Chiangdao, Maesariang, and Tungchang. This training was honored to have Mr. Seri Thaijongrak, Director of Customs Region III, give the opening speech for the event.

The northern region of Thailand is connected to Myanmar, and parts of Myanmar are connected to China. Reports indicate that many illegitimate manufacturers and exporters in China use Myanmar as a transit channel for counterfeit goods prior to transporting them to other countries, including Thailand, in order to cover up the origin of the goods, as they know that Customs officials in many countries are quite sensitive and suspicious about shipments arriving directly from China.

Southern Region

The training for Customs Region IV in southern Thailand followed on March 19, 2013. After an opening address by Mom Luang Sitthidej Suksawad, Chief of Sadao Customs Port, 54 officers participated in this training. Customs Region IV covers 16 ports: Padang Besar, Sadao, Sungaiko-lok, Songkla, Hadyai Airport, Phuket Airport, Phuket, Betong, Takbai, Satun, Kantang, Krabi, Nakorn Sri Thammarat, Pattani, and Sichon.

Feedback from Customs

All three of the Customs regional directors understand the problems of IP enforcement in Thailand and acknowledge that their units are important to stopping the flow of counterfeit goods. They committed to encouraging all of their officers to continue monitoring and assisting brand owners by taking aggressive action against counterfeit goods.

The officers who attended told us that this kind of training is very helpful to their work, as they learned interesting and useful information about the products of different brands and different industries, and how to detect counterfeit products themselves. They will also spread this knowledge to their colleagues who were unable to attend the training.

Customs officials are eager to participate in additional training sessions, as the more information we can provide, the more effective they can be in enforcing brand owners’ rights. They requested that we provide regular updates to them so that they can remain informed about new products, new trademarks, and new brand owners who are facing infringement challenges.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

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
July 27, 2026
In March 2025, Thailand’s Central Intellectual Property and International Trade Court (IP&IT Court) issued a landmark judgment in favor of Luckin Coffee, China’s leading retail coffee chain. The judgment marked a significant turnaround following earlier trademark litigation involving Luckin Coffee from 2021 to 2023 that had generated widespread public attention and raised questions about the protection available to legitimate foreign brand owners in Thailand. In a significant subsequent development, Thailand’s Court of Appeal for Specialized Cases has now affirmed the IP&IT Court’s judgment in its entirety. The appellate decision brings clarity to one of Thailand’s most closely watched trademark disputes. Significantly, this is the first case in Thailand to formally recognize the trademark squatting principle. The Court of Appeal confirmed that Luckin Coffee has a better right to the disputed mark and ordered cancellation of the defendants’ trademark registration—a key application of the “better right” doctrine. The court also upheld the substantial damages awarded at first instance, providing important guidance on assessing harm from systematic trademark squatting. Award-Winning Judgment Affirmed in Its Entirety The significance of the first-instance judgment extended beyond the outcome for Luckin Coffee. The IP&IT Court judgment was subsequently recognized in the IP&IT Court’s Distinguished Judgment Awards in 2025, reflecting the complexity, novelty, and legal significance of the issues considered in the case. The defendants nevertheless appealed the judgment, challenging several key aspects of the IP&IT Court’s decision. Luckin Coffee continued to entrust Tilleke & Gibbins as their sole attorney to pursue the case at the appellate level. After considering the defendants’ appeal and Luckin Coffee’s submissions in response, the Court of Appeal affirmed the first-instance judgment in its entirety. The judgment was announced on July 8, 2026. Better Right to the Marks The Court of Appeal confirmed Luckin Coffee’s superior rights. The orders include cancellation
Read More
July 24, 2026
As food innovation continues to accelerate, manufacturers are increasingly introducing ingredients derived from new sources, produced using novel technologies, or lacking a significant history of human consumption. While these innovations create new opportunities for the food industry, they also raise important questions regarding consumer safety. For this reason, many jurisdictions, including Thailand, the European Union, Australia and New Zealand, Canada, and Singapore, require a premarket safety assessment for novel food ingredients before they can be placed on the market. The objective of this assessment is to ensure that each ingredient is safe for its intended use and level of consumption, does not present toxicological, allergenic, microbiological, or nutritional concerns, and will not mislead consumers. Scientific authorities typically evaluate the ingredient’s identity, manufacturing process, composition, specifications, anticipated dietary exposure, toxicological information, nutritional impact, and history of use before determining whether it can be marketed. Against this background, the Thai Food and Drug Administration (FDA) recently took an important step toward improving regulatory transparency by publishing, for the first time, a consolidated public list of substances that have successfully completed the Thai FDA’s safety assessment process, including substances determined to be novel foods and those determined not to fall within the novel food category. The list identifies the approved substances, the corresponding manufacturers or importers, approval dates, and the approved conditions of use. Although the publication does not change the existing legal framework governing novel food approvals, it provides businesses with greater visibility into the Thai FDA’s regulatory precedents and the types of substances that have previously been accepted through the safety assessment process. The full announcement is available on the Thai FDA’s website. As the list is now publicly available, it also provides useful insight into the types of substances that have successfully completed the Thai FDA’s safety assessment process.
Read More