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

August 24, 2017

The Thai Government’s Campaign to Improve IPR Protection and Enforcement

Subscribe to Updates
Informed Counsel

The Office of the United States Trade Representative (USTR) has placed Thailand on its Priority Watch List (PWL) every year since 2007 due to the significant influx of counterfeit goods available both online and in local markets, and the lack of effective and deterrent enforcement measures in the country.

However, the USTR stated in its Special 301 Report  released in April 2017 that the United States was prepared to review Thailand’s PWL status if the Thai government continued taking positive steps and made substantial progress in addressing the USTR’s concerns over a number of issues. Possible further actions that the government could take include:

  • introducing an effective legal provision on landlord liability;
  • preventing circumvention of technological protection measures;
  • resolving the backlog of pending patent applications;
  • combating the widespread use of unlicensed software;
  • reducing the lengthy time frames for civil IP enforcement proceedings; and
  • increasing civil damages awards, which have traditionally been quite low. 

Encouraged by the possibility of Thailand being removed from the PWL, the Prime Minister of Thailand, H.E. Gen. Prayuth Chan-ocha, took this matter into consideration by the National Council for Peace and Order (NCPO) and ordered all concerned parties to take immediate steps to suppress the circulation of counterfeit goods in Thailand. In turn, the NCPO has assigned the Department of Intellectual Property (DIP) to coordinate and achieve this goal by the end of 2017.

The DIP and Internal Security Operations Command (ISOC) have categorized notorious markets into two categories and projected that counterfeit goods and pirated goods in the first group will completely disappear by the end of September 2017, while those in the second group will be gone by the end of 2017. The markets in these two groups are listed as follows:

First group: 

  • Mahboonkrong Center (MBK)
  • Pantip Plaza
  • Pratunam area
  • Rong Kluea Market (on the Thai-Cambodian border in Sa Kaeo province)

Second group:

  • Klong Thom area
  • Ban Mo area
  • Chatuchak Weekend Market

The DIP and ISOC, together with IP owners, are taking this matter very seriously and aggressively enforcing IP rights at the notorious markets mentioned above. For example, the DIP and IP owners (or their representatives) have performed a number of surveillance sweeps at MBK. The DIP has even set up an “IP Enforcement Center” within MBK to pressure illicit sellers in the area, with enforcement actions conducted against numerous stores selling counterfeit goods, resulting in a number of infringers either being shut down by authorities or closing voluntarily to avoid legal action.

In addition to the enforcement schemes that were implemented by the Thai government after the release of the Special 301 Report, the DIP has supported a number of legislative measures designed to improve the IP situation in Thailand, such as a plan to enact ministerial regulations to support  Section 32/3 of the amendments to the Copyright Act, amendments to the Computer Crime Act, and amendments to the Trademark Act concerning the protection of sound marks.

Moreover, the Director General of the DIP stated in a DIP consultation meeting with the private sector on July 7, 2017, that accession to the Madrid Protocol should be completed in November 2017 to support international trademark registration in Thailand. At the same time, the DIP is taking all possible steps to clear the current backlog of patent applications and improve the Thai patent and trademark registration system, including by hiring more patent and trademark officers.

The DIP also recently signed a memorandum of understanding with the USTR in July 2017, in order to strengthen the relationship and cooperation between the two agencies. The agreement aims to improve the management and efficiency of Thailand’s IP system by promoting information exchange and capacity-building activities between the USTR and the DIP.

In light of the serious steps taken by the Thai government and the DIP over the past few months, if these steps taken by the Thai government are sustained and Thailand follows through on the commitments above to crack down on IP infringement and expand IP rights, the hope of releasing Thailand from the PWL may soon be realized. 

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