Educational Information Only
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Trademark Counterfeiting in Thailand
Manufacturing, importing, or selling goods bearing counterfeit trademarks.
Trademark Act Sections 108-110
Up to 4 years imprisonment and/or fine up to 400,000 THB
serious
Definition
Manufacturing, importing, or selling goods bearing counterfeit trademarks. Under Thai law, this offence is classified as a serious offence within the category of IP Offences.
Legal Basis
Trademark Act Sections 108-110
Primary legislative provision for trademark counterfeiting offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Use of trademark identical or similar to registered mark
Without authorization from trademark owner
On goods or services covered by registration
In a manner likely to cause confusion
Penalties
Maximum Penalty
Up to 4 years imprisonment and/or fine up to 400,000 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:
Valid license or authorization
Trademark not validly registered
No likelihood of confusion
Parallel import with genuine goods
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Foreign businesses are frequent targets for trademark counterfeiting. Enforcement actions can be initiated through criminal complaints or customs seizures.
When Legal Representation Matters
If you are accused of trademark counterfeiting 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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