Enforcement of Trademark Rights Thailand
IP rights owners are increasingly feeling the pressure and seeing revenue losses due to competition from the counterfeit goods that are invading the global market. Battles are fought on multiple fronts at any one time and may include the following problems:
- Investigating, identifying and enforcing trademark rights against the manufacture and distribution of an unknown source of counterfeits,
- Enforcing trademark and contractual rights against unauthorized distributors who have been helpful to trademark owners to import fake products at lower margins, thereby hijacking the mark from the rightful owner, and
- Enforcing trademark and contractual rights against the client's own manufactuer who ships the additional product out of black market buyers.
Counterfeiting presents a social problem because the organizations behind counterfeiting operations pay no taxes, obey no laws, support organized crime, contribute to official corruption, often employ child and illegal and immigrant labour. Sometimes counterfeiting manifests itself in horrific public health hazards and posses great threat to national security in Thailand.
Although IP laws are TRIPS-compliant, lingering questions remain about whether Thai law enforcement and policy officials have enough political will to enforce the laws against counterfeiting and piracy.
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