Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Patent Infringement in Thailand
Manufacturing, selling, or importing products covered by a valid patent without authorization.
Patent Act Sections 85-90
Up to 2 years imprisonment and/or fine up to 200,000 THB
serious
Definition
Manufacturing, selling, or importing products covered by a valid patent without authorization. Under Thai law, this offence is classified as a serious offence within the category of IP Offences.
Legal Basis
Patent Act Sections 85-90
Primary legislative provision for patent infringement offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Valid patent registration in Thailand
Unauthorized making, using, selling, or importing
Product or process falls within patent claims
Commercial exploitation
Penalties
Maximum Penalty
Up to 2 years imprisonment and/or fine up to 200,000 THB
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:
Patent invalidity
Prior use rights
Experimental or research use
Parallel import exhaustion
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Patent disputes often involve international companies. Thailand's patent system requires local registration—international patents are not automatically enforceable.
When Legal Representation Matters
If you are accused of patent infringement 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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