Enforcement of IPR 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 Thailand’s 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.
The domestic problem with respect to counterfeits in the market is dwarfed by Thailand’s role in the trans-national trafficking in counterfeit products. Establishment of corporate entities in Thailand by foreign nationals such as Chinese, Russian, Indian, German and British with dubious business objectives facilitate the trade in fake goods. In order to curb such activities, these operations require minimal capitalization, no insurance or bonding. If law enforcement agency suspects shipment of fake goods, the exporters may be made liable to fold up their business. However, isolated enforcement efforts alone cannot defeat counterfeiting activities. The only way to effectively deal with these crimes is through comprehensive IP protection programs that utilize a holistic approach against all elements of counterfeiting activities in Thailand.
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