Educational Information Only
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Importing Counterfeit Goods in Thailand
Importing goods bearing counterfeit trademarks or pirated material
Customs Act B.E. 2560 (2017) §246, Trademark Act B.E. 2534 (1991) §110
Up to 4 years imprisonment and fine up to THB 400,000
serious
Definition
Importing goods bearing counterfeit trademarks or pirated material Under Thai law, this offence is classified as a serious offence within the category of customs.
Legal Basis
Customs Act B.E. 2560 (2017) §246
Primary legislative provision for importing counterfeit goods offences.
Trademark Act B.E. 2534 (1991) §110
Primary legislative provision for importing counterfeit goods offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Importing goods bearing counterfeit trademarks
Knowledge or reason to know goods are counterfeit
Penalties
Maximum Penalty
Up to 4 years imprisonment and fine up to THB 400,000
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
No knowledge of counterfeit nature
Personal use in small quantity
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Goods seized and destroyed; repeat offenders face visa blacklisting.
When Legal Representation Matters
If you are accused of importing counterfeit goods or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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