Educational Information Only
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What are the penalties for trademark infringement in Thailand?
Counterfeiting a registered trademark carries up to 4 years imprisonment and/or a fine up to THB 400,000. Imitating a mark can result in up to 2 years imprisonment and/or THB 200,000 fine.
Detailed Answer
Trademark infringement penalties in Thailand: **Criminal penalties (Trademark Act B.E. 2534 (1991)):** **Counterfeiting (Section 108):** - Using an identical mark on identical goods/services - Up to 4 years imprisonment - Fine up to THB 400,000 - Or both **Imitation (Section 109):** - Using a confusingly similar mark - Up to 2 years imprisonment - Fine up to THB 200,000 - Or both **Importing/selling counterfeit goods (Section 110):** - Up to 4 years imprisonment - Fine up to THB 400,000 **Civil remedies:** - Injunction (stop using the infringing mark) - Damages (actual damages or reasonable royalties) - Destruction of infringing goods - Account of profits **Customs seizure:** - Trademark owners can record their marks with Thai Customs - Customs can seize suspected counterfeit goods at the border - Recordal is free and valid for 2 years **Enforcement tips:** - Criminal complaints can be filed with the Department of Special Investigation (DSI) or Royal Thai Police - Civil claims are heard by the IP&IT Court - Both criminal and civil actions can proceed simultaneously
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