On 27 July 2022 the Thai Customs Department issued a new Notification for Controlling the Exportation, Importation and Transiting of Goods Infringing Trademarks and Copyright (Customs Department Notification No. 106/2565). The salient points of this new notification are as follows.

(1) Trademark or copyright owners may record information on their trademarks or copyright works directly with the Customs Department to enable Customs officers to use the information in their inspection of suspected goods. The information should include the particulars of trademark registrations, the descriptions of goods bearing the trademarks and the guidance on how to distinguish counterfeit goods from genuine ones. The more guidance the owners can provide, the better.

(2) Each recordation is valid for three years or the remaining duration of trademark or copyright protection term, whichever comes first. The renewal of each recordation must be done at least thirty days prior to the expiration of the three-year period or the remaining duration of trademark or copyright protection.

(3) When the Customs Department has stopped a shipment of goods suspected of infringing a trademark or copyright and notified the trademark or copyright owner or their agent, the owner may inspect the seized goods and, in case the goods are confirmed to be infringing goods, file a formal complaint with the Customs Department within three days upon receipt of the notification. An extension of seven more days can be requested, if necessary, during which time the Customs Department may require the owner to place a bond with it. (The bond amount will be at the discretion of the Customs officers handling the case.) Once the deadline has passed and the owner has not confirmed that the goods are infringing goods and filed a formal complaint, the Customs officers handling the case may release the goods.

(4) In case a trademark or copyright owner suspects that a particular shipment contains infringements of their trademark or copyright and they have detailed information on the shipment, they or their agent may request the Customs department to inspect it. The request must be accompanied by proof of trademark or copyright ownership and an appropriate power of attorney (in case the request is filed by their agent). Then, the trademark or copyright owner or their agent must participate in the inspection within 24 hours upon receipt of the Customs Department’s confirmation of agreement to inspect the shipment, failing which the Customs Department may release it. Once the inspection has been done and the inspected goods found to be infringing goods, the trademark or copyright owner must file a formal complaint within three days. (No extension of time is allowed.)

(5) The trademark or copyright owner or their agent who has recorded trademark or copyright information or requested the inspection of a particular shipment can be held liable for damage caused by the action taken in good faith by the inspecting Customs officers.

Recording (Thai) trademark registrations and copyright works with the Customs Department is highly recommended. If you need further information on this or on any other issue regarding this new notification, please contact us at rutorn@dsb.co.th.