Please contact Jonathan Selvasegaram firstname.lastname@example.org for more information about our services in Thailand.
Located in the economic and financial centre of Bangkok, React partner R.W.T. International Law Office with a diverse team of in-house investigators and lawyers that are solely dedicated to the investigation and enforcement of Intellectual Property rights in Thailand. "We have found that our ability to investigate, collect data, and enforce such crimes has given us a unique opportunity for our clients. Our ability to work closely with main IP enforcing government offices has also helped our firm provide quality results".
Our services in Thailand
- Amicable settlements and/or negotiation settlement following Customs actions
- Appearing in court hearings in criminal proceedings as witnesses or experts
- Attending personal hearing
- Desk research
- Drafting and filing of administrative complaints
- Drafting and filing of criminal complaints
- Drafting and filing of expert reports, affidavits and written witness statements
- Filing a demand for a raid
- Filing Customs applications
- Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
- Handling court proceedings (appeals and civil claims)
- Informing Customs officers on brand details
- Organize and assist the police and relevant authorities in market raids
- Organize inspections and investigations of markets, shops and events
- Organize test purchases
- Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
- Preparing and submitting civil actions (including C&D letters)
- Simplified procedure
- Customs officers are nowadays entitled to seize counterfeit goods on ex-officio basis.
(It used to be that it was up to the trademark or copyright owner to issue a formal complaint requesting that the Customs authorities seize or suspend a shipment of suspected infringing goods. This complaint-based regime has never been successful. In response to this criticism, a number of changes to the customs system have successfully been implemented).
- A Customs Application remains valid as long as the recorded mark(s) is registered and valid in Thailand
- Almost 100% Customs conduct their own ex-officio raid action and request for representatives to examine the seized product before they proceed
- Deadline for response to Customs notification of detention is 10 days after the interception
- Timeframe for importer to respond to seizure is within 30 days after the seizure
- The Criminal raid action is the most effective method in Thailand. The criminal procedure is straightforward and decisions are usually available within 6-8 months following the raid action. In 90% of criminal actions brought before the IP&IT Court, the counterfeiter has plead guilty and has been deemed responsible and guilty in the eyes of the court
- The representative can only provide written confirmation of the counterfeit together with relevant documents: registered mark, design or patent (infringement action) or unregistered mark (proof of foreign registrations or goodwill/reputation in Thailand), legalized and the notarized Power of Attorney
- Ex parte orders are available
- Interim injunction is available for civil cases in Thailand but not available for the criminal procedures. Even including damages and preliminary and final injunctions, interlocutory injunctions are rarely granted in Thailand. The problem of granting such an application for an interim injunction lies in its practice. The Court has to decide how much evidence the plaintiff must produce before the injunction is granted. The plaintiff has to show a very strong prima facie case that the defendant has made the marketplace extremely unfair and caused irreparable damage to the plaintiff. Therefore, because the standard of evidence to obtain a preliminary injunction or an Anton Piller Order is much higher than for a search warrant, most IPR holders resort to search warrants when enforcing their IPRs
- Damages and costs are available for the civil cases but are rare for IP litigation due to damages and preliminary and final injunctions. Interlocutory Injunctions are rarely granted in Thailand. The problem of granting an application for an interim injunction lies in practice. The Court has to decide how much evidence the plaintiff must produce before the injunction is granted. The plaintiff has to show a very strong prima facie case that the defendant may do.
- Contributory liability remedy available: confiscation and destruction of seized goods and fine imposed on counterfeiters