Services
IP Dispute Resolution and Litigation in Thailand
IP litigation in Thailand, from administrative proceedings and infringement claims to criminal cases, appeals and settlement.
Overview
Resolving contested intellectual property matters
When an intellectual property dispute cannot be resolved by agreement, outcomes depend on strategy, evidence and experience of the specialist forums that decide these cases. The right approach may be administrative, civil, criminal or a combination.
We represent brand owners, technology companies and overseas counsel in IP litigation in Thailand, acting for both claimants and defendants. Clients typically instruct us when they are:
- Facing infringement by a competitor
- Receiving a court summons
- Appealing a Board decision
- Challenging a patent’s validity
- Defending a criminal complaint
- Negotiating a settlement
What we do
Our dispute resolution services
Administrative proceedings
Contested oppositions, cancellations and appeals before the Registrar and the Boards, and appeals from Board decisions to court.
Civil infringement claims
Claims for injunctions and damages against infringement of trademarks, patents, design patents, copyright and trade secrets.
Criminal proceedings
Criminal complaints and prosecutions for counterfeiting, imitation, piracy and other intellectual property offences.
Validity challenges
Actions to revoke or invalidate patents, design patents and trademark registrations, and defence of such challenges.
Defence of claims
Representation of businesses accused of infringement, from the first demand letter through to trial and appeal.
Mediation and settlement
Negotiated settlements and mediation, where resolving a dispute early better serves the client’s commercial interests.
Forums
Where IP disputes are decided in Thailand
Intellectual property disputes move through administrative bodies and specialist courts, with appeals to higher courts.
Department of Intellectual Property
Contested administrative matters, including oppositions, cancellations and appeals to the Trademark Board and the Patent Board, and mediation of IP disputes.
Central Intellectual Property and International Trade Court
The specialist court for civil and criminal intellectual property cases throughout Thailand, including appeals against Board decisions.
Court of Appeal for Specialised Cases
Appeals against judgments of the Central Intellectual Property and International Trade Court.
Supreme Court
Further appeals, where permitted.
Administrative appeals
Appealing Trademark Board decisions to court
Decisions of the Trademark Board are administrative in nature, but they are not the final word. An applicant or party dissatisfied with a Board decision can appeal it to the Central Intellectual Property and International Trade Court, where the matter is heard afresh on its merits.
We have extensive experience in these appeals, acting for applicants refused registration and for parties on both sides of opposition decisions. Common grounds of appeal include:
Local practice
What to know about IP litigation in Thailand
Points that often shape strategy, timing and the outcome of a dispute.
Specialist court
Intellectual property cases are heard by a specialist court, where career judges sit with associate judges who have expertise in intellectual property and international trade.
Preserving evidence early
Where evidence is at risk of being lost or destroyed, the court may be asked to order its preservation, in some cases before proceedings begin.
Civil and criminal routes
Civil and criminal proceedings serve different purposes and can run in parallel. Choosing the right combination is a key strategic decision.
Thai-language proceedings
Proceedings are conducted in Thai. Foreign-language documents must be translated, and foreign witnesses usually give evidence through interpreters.
FAQs
IP litigation in Thailand: common questions
Which court hears intellectual property cases in Thailand?
The Central Intellectual Property and International Trade Court hears civil and criminal intellectual property cases. Because regional courts have not been established, its jurisdiction covers the whole country. Appeals go to the Court of Appeal for Specialised Cases.
Can I obtain an injunction to stop infringement?
Interim measures, including orders to stop infringing acts, may be available before the case is decided where the rights holder shows urgency and supporting evidence. A permanent injunction may be ordered in the final judgment.
Should I bring civil or criminal proceedings?
Criminal proceedings can apply strong pressure on infringers, while civil proceedings are the main route to damages and injunctions. The two can be combined, and the right approach depends on the right involved, the evidence and the client’s objectives.
How long does IP litigation take in Thailand?
Timing depends on the complexity of the case and the number of witnesses, but first-instance proceedings commonly take around one to two years. Appeals add further time.
Can an IP dispute be settled without a trial?
Yes. Many disputes are resolved through negotiation or mediation, including mediation services offered by the Department of Intellectual Property and the courts. Settlement terms can include undertakings, withdrawal of infringing products, compensation and licensing arrangements.
Related services
Before and alongside a dispute
Anti-Counterfeiting
Investigations, raids and evidence gathering that often come before litigation.
Trademarks
Registration and portfolio work that establishes the rights relied on in a dispute.
Patents
Prosecution and claim drafting that determine how strongly a patent can be enforced.
Contact the firm
Discuss your IP dispute
Contact us about infringement by a competitor, a claim made against you, an appeal or settling an intellectual property dispute in Thailand.