Services
Anti-Counterfeiting and Enforcement in Thailand
Anti-counterfeiting in Thailand, from market investigations and evidence to raids, Customs recordation and online takedowns.
Overview
Acting against counterfeits and infringement
Counterfeit and infringing products damage revenue, reputation and consumer trust, and they are sold as readily online as in physical markets. Effective enforcement combines reliable investigation, properly documented evidence and coordinated action with the relevant authorities.
We act for brand owners, manufacturers and overseas counsel on anti-counterfeiting in Thailand, from single actions to ongoing enforcement programmes. Clients typically instruct us when they are:
- Finding counterfeits in local markets
- Seeing copies on online marketplaces
- Suspecting imports of fake goods
- Tracing a manufacturer or distributor
- Sending a cease-and-desist letter
- Building an enforcement programme
What we do
Our anti-counterfeiting services
Market investigations
Investigations to identify counterfeit sellers, distributors and manufacturers, and to assess the scale of infringement.
Test purchases and evidence
Test purchases, product comparisons and documented evidence gathered in a form suitable for enforcement and court.
Raid actions
Criminal complaints and coordinated raids with enforcement authorities against retailers, warehouses and production sites.
Customs recordation
Recording trademark and copyright information with Customs, and acting promptly when suspected counterfeit shipments are impounded.
Online enforcement
Ongoing monitoring and prompt removal of infringing listings on online marketplaces, websites and social media platforms.
Demand letters and settlements
Cease-and-desist letters, undertakings and negotiated settlements where formal enforcement is not the best route.
Authorities
Enforcement authorities in Thailand
We work with the authorities responsible for acting against counterfeiting and infringement, choosing the route that best fits the scale and channel of the problem.
Customs Department
Border measures, including recordation of trademark and copyright information and impounding of suspected counterfeit and pirated goods.
Economic Crime Suppression Division (ECD)
A division of the Royal Thai Police handling criminal complaints and raids against retailers, warehouses and distributors.
Technology Crime Suppression Division (TCSD)
A division of the Royal Thai Police handling online counterfeiting and infringement involving websites, marketplaces and social media.
Department of Special Investigation (DSI)
Large-scale or complex intellectual property crime accepted for investigation as special cases.
Central Intellectual Property and International Trade Court
Search warrants, and criminal and civil proceedings following enforcement action.
Border protection
Customs recordation in Thailand
Trademark and copyright owners can record their rights with the Thai Customs Department through its online IPR recordation system. Customs officers use the recorded information on genuine products to identify and impound suspected counterfeit and pirated goods at import, export and transit.
In our experience, recordation is one of the most effective anti-counterfeiting measures available to brand owners, stopping fakes before they reach the Thai market.
Local practice
What makes enforcement effective in Thailand
Points that often decide whether an enforcement action succeeds and whether its results last.
Registered rights come first
Criminal action against counterfeit trademarks generally depends on registration in Thailand, so enforcement planning should begin with the trademark portfolio.
Evidence must be lawful and complete
Test purchases, samples and product comparisons must be gathered and documented properly to support a complaint, raid or court case.
Online sellers move quickly
Infringing listings are often reposted under new accounts, so online enforcement works best as ongoing monitoring rather than one-off takedowns.
Programmes deter repeat infringers
Coordinated action across markets, online channels and borders is usually more effective than isolated enforcement against single sellers.
FAQs
Anti-counterfeiting in Thailand: common questions
Is counterfeiting a criminal offence in Thailand?
Yes. Counterfeiting or imitating a registered trademark, and infringing copyright, can be criminal offences in Thailand, alongside civil liability. This allows rights holders to work with enforcement authorities on raids and seizures.
Do I need a registered trademark in Thailand to take action?
For criminal action against counterfeit trademarks, the mark generally needs to be registered in Thailand. Options for unregistered marks are more limited, which is why registration should come before a launch or enforcement programme.
Can Customs stop counterfeit goods at the border?
Yes. Trademark and copyright owners can record their rights with the Customs Department, and Customs officers can impound suspected counterfeit or pirated goods being imported, exported or in transit. Recordation gives officers the product information they need to recognise fakes.
How are counterfeit listings removed online?
Most online marketplaces and social media platforms operate intellectual property reporting procedures, and copyright owners can also use the statutory notice-and-takedown procedure. Persistent sellers may require investigation and further action.
What happens to seized counterfeit goods?
Seized goods are held as evidence while the case proceeds. Once the case concludes, counterfeit goods are generally ordered to be destroyed or otherwise removed from the market.
Related services
Building a strong enforcement position
Trademarks
Registration and portfolio management that give enforcement a solid legal basis.
Copyright
Ownership and evidence of creative works used in packaging, products and content.
Dispute Resolution
Civil claims and contested proceedings following an enforcement action.
Contact the firm
Discuss counterfeiting of your products
Contact us about counterfeits in local markets, online listings, suspected imports or an enforcement programme in Thailand.