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April 29, 2011

Standards of Proof in Criminal Litigation

Managing Intellectual Property

In Thailand, most IP owners prefer to proceed with their cases under criminal law due to the uncertainty of obtaining compensation, costs to litigate the full court case, delays of trials, and other difficulties often associated with civil litigation.  The favorable advantage of prosecuting an IP case as a criminal action is that it can result in seizure of the infringing products.  The infringer would cease or hold manufacturing and distributing their infringing products and would be prosecuted in a criminal lawsuit by the police and the public prosecutor. This article looks at the standard of proof required to achieve such a favorable outcome.