What is intellectual property enforcement? Even though your IP rights have been protected by registration, there might be some cases in which IP enforcement is required. Trademark counterfeiting and copyright infringements are everywhere. In some cases enforcement might take only a few simple, non-litigation steps and the trademark owner will never need to go to court.
In other cases criminal prosecution and civil enforcement may be required. Whatever the case you can count on our expert intellectual property lawyers to provide you with the best advice and offer professional service. PCS knows how to handle IP enforcement cases properly. Whether its trademark, patent, copyright or any other IP infringement cases we can assist with intellectual property enforcement litigation.
Professional Corporate Services can provide you with a successful solution for litigation related to your intellectual property rights. We have in-depth knowledge of intellectual property enforcement both online and offline. We also have knowledge and understanding of the inner workings, whether it is with the police, prosecutors, or other relevant officers. Furthermore, in the event of a court hearing, our IP lawyers will attend to represent you in court from start to finish.
Criminal Prosecution in Thailand
Criminal prosecution is by far the most popular type of action used by IP rights holders to enforce their IP rights in Thailand, especially trademark and copyright owners. Thousands of cases of trademark infringement are handled by the Central Intellectual Property and International Trade Courts every year.
The preferred course of action in case of infringement is a criminal action involving a police raid and subsequent criminal prosecution before the Central Intellectual Property and International Trade Court. Such action can be initiated after the IP rights holder (or its representative) files a complaint with the relevant police force.
Civil Enforcement in Thailand
In addition to criminal solutions, Intellectual Property rights holders owners may rely on the provisions of the Civil and Commercial Code which states as follows “a person who, wilfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is bound to make compensation therefor”.
There are a growing number of civil actions related to IP infringement in Thailand. The main reason for this is the growing acceptace by Thai courts and favorable verdicts and settlements.
Civil litigation can be useful in many ways:
First, for obtaining a permanent injunction against the offender and to claim damages. In the case of copyright infringement for example, the CIPITC may order appropriate damages for the rights holder by taking into consideration the gravity of the damage and by including lost profits and expenses incurred in enforcing the IP rights.
Then, for obtaining preliminary injunctions. The IP system in Thailand provides for a preventive injunction system in order to preserve relevant evidence in relation to the alleged infringement. These preliminary injunctions can be extremely helpful to add pressure on the defendant.
Thailand's IP Enforcement Agencies
Intellectutal property infringement cases can be filed with
1. Department of Special Investigation
2. Economic Crime Investigation Division
3. Metropolitan Police Bureau
4. Provincial Police Bureau
5. Food and Drug Administration
Our IP Enforcement Services
- Investigation and market surveys with online and offline tools
- Drafting and sending cease and desist letters
- Administrative actions such as opposition and cancellation procedures
- Criminal enforcement of trademark, patent, and copyright infringement and remedies
- Civil enforcement of trademark, patent, and copyright infringement and remedies
Preventing Enforcement
Prior to the registration of your intellectual property rights in Thailand, it is essential that you conduct a pre-search of your rights. Since intellectual property rights that have been registered have the power to sue the imitator. While rights that have not been registered will not be able to do so. Or may be possible to do so but with much higher cost.
A really good idea to prevent costly enforcement cases is searching for a trademark that is identical or similar to the one you want to register. Such a search will reveal the course of action you can take. For example, there may be a group of people with bad intentions that registered your trademark before you did (trademark squatters). Or your unregistered invention may be pre-registered by others. This can hurt your invention rights. Searching and registered your right will prevent these actions.
Summary - Intellectual Property Enforcement In Thailand
We at PCS are qualified to handle IP infringement matters and assist to enforce your intellectual property rights. Our team of qualified intellectual property lawyers can certainly handle the most complicated matters. If you would like more information or have any questions please do not hesitate to contact us to discuss your matter. We will be pleased to offer you a FREE consultation.
Contact PCS
Our Address
253 Sukhumvit 21 Road (Asoke), 25th Floor
Email Us
contact@pcsthai-1.com
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+66 2 109 5160