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Intellectual Property

How to sue for IP, trademark, copyright, and patent infringement under Thai law

Despite the popular misconception that Asian countries don’t care about copyright infringement and that "knock-offs" are common, Thailand has robust and strict intellectual property laws. These ensure that holders of IP, trademarks, copyrights, and patents are protected from fraud committed by parties both in and outside of Thailand.

Therefore, if you believe you have been made a victim of intellectual property infringement in Thailand, you have legal recourse in both criminal and civil courts. This page will explain IP law in Thailand, how to register IP under Thai law, and what to do if your IP has been infringed.

What Is Intellectual Property in Thailand?

Intellectual Property (IP) refers to creations of the mind that are protected by law, such as:

• Inventions
• Written (literary) works
• Artistic designs and physical works of art
• Symbols and logos
• Brand names
• And other forms of art

In Thailand, IP protection for creators, entrepreneurs, and businesses is taken seriously so that the country can preserve its reputation as a global hub and rules-based market. Whether you’re an artist, inventor, writer, or business owner, securing your intellectual assets is key to preventing unauthorized use and maintaining control over your work, and Thai law provides the tools to do so.

Thailand has a comprehensive IP legal framework supported by its membership in international treaties, such as the TRIPS Agreement (under the World Trade Organization) and the Berne Convention. These global standards ensure that foreigners in Thailand and Thai nationals enjoy similar protections when it comes to copyright, patents, trademarks, and other IP rights.

The two most important laws for IP protection in Thailand are:

• The B.E. 2537
• B.E. 2534
• The Thai Patent Act B.E. 2522

Types of Intellectual Property in Thailand

Thailand’s IP system is regulated by several key laws, which define several types of intellectual property:

• Copyright Law: Protects original works such as books, music, art, films, software, and broadcasts.
• Trademark Law: Covers brand names, logos, product names, service marks, and even trade dress.
• Patent Law: Grants protection for inventions, utility models, and product designs.
• Trade Secrets: Protects confidential business information that gives a competitive advantage.
• Geographical Indications (GIs): Protect products that originate from a specific location with unique qualities.

Intellectual property disputes in Thailand can involve any of these kinds of IP and often involve more than one. Such disputes can be resolved through criminal charges, civil lawsuits, or mediation.

How to Register Intellectual Property in Thailand

Copyright protection in Thailand is automatic upon creation, but registration strengthens enforcement by providing official recognition through the Department of Intellectual Property (DIP). In the event of a legal dispute regarding infringement of your trademarks, patents, and/or designs, you will have a higher chance of success if you are registered with the DIP.

For foreign nationals or companies looking to do business or protect their creative assets in Thailand, proper IP registration is highly recommended. Intellectual property lawyers consider registration essential for any chance at successfully filing an infringement claim, and can assist with this process.

How to Register a Trademark in Thailand

To register a trademark in Thailand, you must file an application with the DIP, providing:

• A clear representation of the mark
• A list of goods or services that it will cover
• A Thai address or the address of your legal representative in Thailand

The process typically takes 12–18 months and includes an examination, potential objections, and publication for opposition. Be aware that the registration process can be complex, and the majority is conducted in the Thai language.

Therefore, it is recommended that you retain the services of a bilingual, Thai intellectual property lawyer to guide you and ensure your registration is done properly. Mistakes or delays with this process could lead to someone registering your mark before you or a weak case in the event of an IP dispute.

How to Register a Patent or Design in Thailand

Patent registration in Thailand is more complex and must meet strict criteria regarding novelty, inventiveness, and industrial applicability. Applications for product designs or utility models must include technical drawings, specifications, and claims. The patent process is lengthy, often taking several years and requiring local or international search reports.

Again, partnering with an IP lawyer in Thailand ensures your application is accurately prepared, filed on time, and fully compliant with Thai and international patent standards.

How to Register a Copyright in Thailand

Although not strictly required for legal protection, copyright registration in Thailand serves as formal evidence of ownership in case of infringement. To maximize the chances of a successful copyright dispute in Thailand, artists, authors, musicians, and businesses file copyright registrations with the DIP. Everything from translations to software documentation to audiovisual content can be registered and protected.

What to Do If Your IP is Violated in Thailand

Infringement is defined by Thai law as an instance when your intellectual property is used, copied, distributed, or sold without your permission. Common examples of IP infringement in Thailand include:

• Producing counterfeit goods with your trademark
• Pirating software or creative content online
• Distributing copyrighted works without authorization
• Violating patents in product manufacturing or design

IP violations can cause serious damage not just to your income, but also to your reputation and brand credibility. Income generated by your IP is rightfully yours, but even if the perpetrator does not make money using your IP, you can lose revenue.

For example, if your trademark is used on inferior products or your copyrighted material is used in the service of a controversial topic, your reputation could be damaged in the eyes of the public, negatively impacting your sales or business deals.

Ä¢¹½ÊÓƵ Remedies Under Thai Law

Victims of IP infringement in Thailand have both civil and criminal remedies available. Depending on the nature and extent of the violation, your legal options may include:

• Cease and desist letters
• Injunctions to stop further use
• Damages claims for financial loss
• Seizure of infringing goods
• Criminal prosecution, which can lead to fines or imprisonment for the infringer

Negotiations and cease-and-desist correspondence facilitated by your IP attorney are the best initial options, as they eliminate the need for a long and costly court battle. However, if the perpetrator does not stop, you will require legal representation for your intellectual property dispute.

Depending on the severity of the violation and your goals, you may be able to pursue a civil lawsuit and criminal charges for your infringement case at the same time. While not all IP infringement cases in Thailand meet the threshold for a criminal case, civil litigation is always an option.

How to Sue for IP Infringement in Thailand

If you believe your copyright, patent, or trademark has been infringed in Thailand, here’s a general overview of your next steps:

1. Gather Evidence: Collect all proof of ownership (e.g., registration certificates, contracts, publication dates) and any proof of infringement (e.g., copies of counterfeit products, web captures, witness statements).
2. Ä¢¹½ÊÓƵ Review and Strategy: Retain an intellectual property lawyer in Thailand to review your documents, assess the strength of your claim, and recommend the best course of action, which could consist of litigation, negotiation, or administrative complaint.
3. Initiate Proceedings:
   • Civil lawsuits can be filed in the Thai civil court system to claim monetary compensation and injunctive relief.
   • Victims can file criminal complaints with the Thai police or relevant authorities, who then have the power to seize goods and prosecute offenders.
4. Representation in Court: Should initial measures fail to compel the perpetrator to cease their activities, your lawsuit will progress to the court stage. Your Thai IP attorney will present the evidence they have gathered and argue your case to the presiding judge, who has sole discretion over the ruling.

Thailand has dedicated Intellectual Property and International Trade Courts, allowing for more specialized handling of such cases. Therefore, your intellectual property lawyer should have experience handling complex litigation in these courts and be well-versed in navigating the procedural landscape.

Why Choose Siam Ä¢¹½ÊÓƵ as Your IP Law Firm in Thailand?

At Siam Ä¢¹½ÊÓƵ, we have over 20 years of experience helping expats and international clients navigate through Thailand’s often complex IP laws, offering trusted legal representation and strategic advice at every stage of the process.

Our IP lawyers have the experience and insight necessary to tackle both local and international intellectual property issues. Whether you are seeking to sue for IP infringement, level criminal charges, or both, we can help.

We don’t just translate the law—we help our clients understand it, apply it, and enforce it with confidence.

Multilingual, Multidisciplinary Team

Siam Ä¢¹½ÊÓƵ employs a fully bilingual team of legal professionals, including Thai-licensed attorneys and foreign consultants. This ensures smooth communication with expat clients and a culturally aware approach to problem-solving. We also provide a full suite of legal services in addition to IP, so we can assist with related matters such as commercial contracts, licensing agreements, or employment law issues.

Protect Your Ideas with Confidence

If you're an expat in Thailand or an international business with creative or commercial interests here, don’t leave your intellectual property unprotected. With Siam Ä¢¹½ÊÓƵ’s expert support, you can prevent infringement, secure your rights, and take legal action when necessary.

From registration to litigation, our team is committed to protecting your creations and helping you leverage your IP for long-term success. Don’t let unscrupulous fraudsters siphon income that is rightfully yours or damage your good name.

Contact Siam Ä¢¹½ÊÓƵ today to schedule a consultation with one of our intellectual property specialists. With over 20 years of experience and a track record of successful outcomes, we’re ready to protect what’s yours.