Educational Information Only
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Intellectual Property Infringement Penalties in Thailand
Complete guide to penalties for trademark counterfeiting, copyright piracy, patent infringement, and trade secret theft in Thailand under IP laws.
Overview
Thailand has strengthened IP enforcement significantly in recent years, driven by international pressure and USTR Special 301 Report monitoring. The Central Intellectual Property and International Trade Court (IP&IT Court) handles both criminal and civil IP cases. Criminal penalties include imprisonment and fines, while civil remedies include injunctions, damages, and destruction of infringing goods. The Department of Special Investigation (DSI), Royal Thai Police, and Thai Customs all have IP enforcement mandates.
Penalties Table
| Offence | Statute | Fine Range | Prison Range | Foreigner Note |
|---|---|---|---|---|
| Trademark counterfeiting (using identical mark on identical goods) | Trademark Act B.E. 2534 (1991), Section 108 | Up to THB 400,000 | Up to 4 years | Deportation possible after sentence; goods seized and destroyed |
| Trademark imitation (confusingly similar mark) | Trademark Act B.E. 2534 (1991), Section 109 | Up to THB 200,000 | Up to 2 years | Civil damages may also be awarded separately |
| Selling or importing counterfeit goods | Trademark Act B.E. 2534 (1991), Section 110 | Up to THB 400,000 | Up to 4 years | — |
| Copyright infringement (reproduction, distribution) | Copyright Act B.E. 2537 (1994), Section 69 | THB 20,000 – 200,000 | 6 months – 4 years | Software piracy raids conducted by DSI and police |
| Copyright infringement for commercial purposes | Copyright Act B.E. 2537 (1994), Section 69 | THB 100,000 – 800,000 | 1 – 4 years | — |
| Patent infringement | Patent Act B.E. 2522 (1979), Section 85 | Up to THB 200,000 | Up to 2 years | — |
| Trade secret misappropriation | Trade Secrets Act B.E. 2545 (2002), Section 33 | Up to THB 200,000 | Up to 2 years | Enhanced penalties if for commercial advantage or committed by employee |
| Trade secret misappropriation for commercial advantage | Trade Secrets Act B.E. 2545 (2002), Section 34 | Up to THB 500,000 | Up to 5 years | — |
Important Notes
Both criminal prosecution and civil action can proceed simultaneously for the same infringement.
Thai Customs can seize suspected infringing goods at the border if the trademark is recorded with Customs (free recordal, valid 2 years).
The IP&IT Court is a specialized court with judges trained in IP law — cases proceed faster than general courts.
Software piracy is actively enforced — the BSA (Business Software Alliance) conducts corporate raids.
Online infringement can be reported through the Ministry of Digital Economy and Society (MDES) for website blocking.
Repeat offenders face doubled penalties under Thai IP statutes.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Penalties shown are statutory provisions and actual sentences may vary based on case circumstances and judicial discretion. Always consult a qualified Thai lawyer for specific legal advice.
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