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

March 4, 2021

Thailand: DIP Teams with Online Operators for IP Protection

Subscribe to Updates
Managing Intellectual Property

E-commerce platforms have become some of the most significant marketplaces in Thailand, with millions of daily business transactions and huge numbers of online users. The increasing number of online shops operating on e-commerce platforms requires new techniques to be employed in online IP rights infringement cases.

Both the private sector and the government have developed tools to enhance online IP enforcement, including ones using the latest legal technologies and artificial intelligence (AI). Many legal technologies and AI operations are still nascent and typically do not yet offer the best approach for online IP rights enforcement. For example, AI and other technologies available today are still unable to consistently differentiate between original and counterfeit products from the images and information displayed on the e-commerce platforms and the internet.

Therefore, some of the most effective measures for online IP enforcement still involve manual online searches by experienced local investigators with deep understanding of the behaviors of local users (both sellers and buyers) and the ability to link relevant information across online platforms.

Thailand’s Department of Intellectual Property (DIP), as the governmental office responsible for IP-related matters in Thailand, has initiated its new Memorandum of Understanding on the Protection of Intellectual Property Rights on the Internet. This memorandum of understanding (MOU) does not create additional rights for IP owners, but acts as a mechanism to gather all the relevant stakeholders to address issues related to online IP infringement in a unified, mutually agreeable manner.

The signatories of the MOU fall into four categories:

  • Governmental authorities: DIP, Department of Business Development, and Department of International Trade Promotion;
  • E-commerce platform operators: Lazada, Shopee, and JD Central (the most popular e-commerce platforms in Thailand);
  • IP rights holders: Particularly including trademark owners facing ongoing counterfeiting problems in Thailand; and
  • Law firms.

Although the MOU is not legally binding on the signatory parties, it demonstrates the intent of the government authorities and the e-commerce platforms to collaborate in the prevention and suppression of online IP infringement. This is expected to greatly improve the cooperation of the e-commerce platforms in online infringement matters.

The inaugural signing ceremony of the MOU was held on January 11, 2021. Tilleke & Gibbins signed the MOU as a law firm partner, represented in the ceremony by Darani Vachanavuttivong, co-managing partner of the firm and managing director of the IP group.

Moving forward, the DIP will still allow other partners to join the MOU as signatory members upon request. IP owners who join this MOU will be visibly recognized and will receive strong support from both government offices and the participating e-commerce platforms to resolve IP infringement issues in Thailand.

Joining the MOU will be especially beneficial to IP owners and e-commerce platforms, as doing so will help them obtain the benefits possible via this collaborative mechanism and enhance the potential of online IP enforcement in Thailand.

Together with both recent and forthcoming developments in the country’s legal and regulatory environment for online IP enforcement, Thailand is taking clear steps to support the adaptation of its IP legislation and application for the digital age.

This article first appeared in Managing Intellectual Property.

Download Full Article
Related Professionals

Industries

Consumer Products

Technology

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

January 9, 2026
Vietnam has taken a decisive step into the global artificial intelligence regulatory landscape with the promulgation of the Law on Artificial Intelligence No. 134/2025/QH15 (AI Law), adopted on December 10, 2025, and effective from March 1, 2026. As one of the earliest comprehensive, standalone AI statutes in Southeast Asia, the AI Law signals Vietnam’s ambition to position itself as both an innovation-friendly and governance-conscious AI market. In doing so, the legislature has also streamlined Vietnam’s AI regulatory architecture. The AI Law repeals most AI-related provisions previously embedded in the Law on Digital Technology Industry No. 71/2025/QH15, consolidating AI governance under a single, unified legal framework. This structural move underscores an intent to provide greater regulatory clarity and coherence for businesses operating across the AI value chain. Against this backdrop, the key question for AI developers, providers, deployers, and governance teams is how the new risk-based framework will shape compliance expectations, operational decisions, and governance design in practice. This article examines the new AI Law through that practical lens, focusing on what it means for AI businesses operating in or into Vietnam. Scope of Application The AI Law applies broadly to Vietnamese organizations and individuals, as well as foreign entities that participate in AI-related activities within Vietnam. The law expressly excludes AI activities conducted solely for national defense, security, and cryptography purposes. A defining feature of the AI Law is that it regulates by role, not by industry. It distinguishes between: Developers, who design, build, train, test, or fine-tune AI models and have direct control over the technical methods, training data, or model parameters; Providers, who place AI systems on the market or put them into use under their own names; Deployers, who use AI systems under their control in professional, commercial, or service-provision activities; Users, who interact with AI
Read More
January 9, 2026
Thailand continues to advance its legal and regulatory framework for the technology sector, with several key laws undergoing review and proposed amendments. These developments reflect Thailand’s broader efforts to ensure that its regulatory landscape keeps pace with rapid technological change and aligns more closely with international standards and best practices. The following are key legal developments and proposed legislative reforms in 2026 that are expected to impact businesses operating in the technology sector and the broader Thai business landscape. Data Privacy and Cybersecurity Personal Data Protection Act B.E. 2562 (2019) Following the full enforcement of Thailand’s Personal Data Protection Act (PDPA) in June 2022, businesses and practitioners have identified practical implementation challenges and interpretative issues. These challenges were reflected in an effectiveness assessment conducted by the Personal Data Protection Committee (PDPC) in late 2024. The PDPC published a set of principles for public consultation to identify issues and directions for potential amendments to the PDPA. Key issues: Emerging issues include clarifying the definitions of “data controller,” “data processor,” and “criminal record”; revisiting the scope of sensitive personal data to better reflect Thailand’s context; proposing amendments to the hierarchy of legal bases to avoid misconceptions of consent as the default legal basis; and clarifying the required level of expressiveness for explicit consent, as well as rules for collecting personal data from other sources. Current status: The first round of public consultation has concluded. Next steps: The proposed amendments are proceeding to a revised draft following the consultation outcomes. Cybersecurity Act B.E. 2562 (2019) Thailand is moving forward with proposed amendments to enhance the effectiveness of its national cybersecurity framework, as evolving digital technologies bring new risks such as misinformation, system intrusions, and attacks on critical infrastructure, making cybersecurity a national priority. Key issues: The amendments aim to clarify and strengthen
Read More
January 8, 2026
Thailand’s Digital Government Development Agency (DGA) has proposed new standards that would require government agencies to select cloud services exclusively from a preapproved shortlist of providers. The draft Digital Government Standards re: Cloud Service Provider Standards aims to strengthen procurement confidence and reduce risks associated with selecting cloud service providers that do not meet the required standards. A public hearing period on these standards concluded on December 27, 2025. The DGA will now review submitted comments and consider revising the standards accordingly. Shortlisted Cloud Service Provider Tiers The draft standards establish three tiers of cloud service providers based on their assessed service capability levels, core qualifications, and certifications. The DGA sets qualification requirements for each tier, and it is at the discretion of each agency to select the tier of cloud service provider that best suits its operational needs, as follows: Tier 1 cloud service providers are suitable for providing services involving disclosable official data. Tier 2 cloud service providers are suitable for handling official data and protected data, such as personal data, which requires a high-security public cloud (e.g., virtual private cloud). Tier 3 cloud service providers are suitable for providing services to agencies with specific regulatory and security requirements that handle highly protected data, such as the national security system. These providers must offer sovereign or hybrid cloud as stipulated by the Ministry of Digital Economy and Society. All tiers of cloud service providers must be legal entities incorporated under Thai law and can be authorized distributors of offshore cloud service providers. However, each tier will be subject to different requirements, including infrastructure obligations. Government agencies are encouraged to select a cloud service provider appropriate for their intended use. For example, if a government agency intends to procure cloud services for operating applications that process personal data,
Read More
January 8, 2026
Thailand has enacted comprehensive sexual harassment legislation that significantly expands criminal penalties and creates new compliance obligations for online platform operators. The Act Amending the Penal Code (No. 30) B.E. 2568 (2025), enacted on December 29, 2025, and taking effect the following day, introduces a comprehensive definition of sexual harassment, establishes new criminal offenses with graduated penalties, and imposes content removal obligations on social media platforms and computer system service providers. The amendment, which establishes a comprehensive framework for addressing sexual harassment in both physical and digital environments, significantly expands legal exposure for online service operators. It also grants courts authority to order takedowns of violating data accessible to the public. Definition of Sexual Harassment The law introduces “sexual harassment” as a distinct statutory concept covering physical conduct, verbal conduct, sounds, gestures, expressions, postures, communications, surveillance, stalking, and acts committed through computer systems or electronic devices. Conduct qualifies as sexual harassment when it is sexual in nature and likely to cause the victim distress, annoyance, embarrassment, humiliation, fear, or a sense of sexual insecurity. Criminal Offenses and Penalties The amended Penal Code establishes graduated penalties based on the severity and context of the harassment—including enhanced penalties for public or online conduct. For instance: Basic sexual harassment is punishable by imprisonment for up to one year, a fine of up to THB 20,000, or both. Continuous or repeated harassment that prevents normal life escalates penalties to imprisonment for up to two years, a fine of up to THB 40,000, or both. Critically for online operators, harassment committed in public places, in the presence of the public, or through computer systems accessible to the general public triggers imprisonment for up to three years, a fine of up to THB 60,000, or both. Acts of harassment committed by supervisors, employers, or others
Read More