January 12, 2012

Wilfulness or Negligence Required for Trademark Infringement

Managing Intellectual Property

In many countries, IP infringement is considered a strict liability tort, and consequently it is not necessary to prove the infringer’s intention to commit the act. In Thailand, however, there are no clear guidelines on whether it is necessary to prove an alleged infringer’s intent to violate trademark rights. The Supreme Court Judgment 5219/2550 offers a potential interpretation of this issue.