In the framework of the negotiations and of the Convention establishing the World Trade Organization (WTO), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement was signed on 15 April 1994. Part III, Section 4 of the TRIPS Agreement describes the role and responsibilities that Customs administrations are called upon to assume with regard to the application of the IPR regulations. In this new era, Thai Customs is therefore required to implement the TRIPS Agreement in full, as far as Customs is concerned.
CUSTOMS AND IPR ENFORCEMENT
The provisions listed below allow Customs, under certain circumstances, to provide an effective and efficient level of IPR protection and enforcement at its borders.
- Export and Import of Goods Act B.E. 2522
- Trademark Act B.E. 2534
- Copyright Act B.E. 2537
- Customs Act B.E. 2469
- Customs Notificaion No. 6/2531: Inspection of trademark Suspecious of counterfeiting.
- Customs Notifocation No. 28/2536: Regulatory Practice on IPR Infringment
- Customs Code of Practice B.E. 2544
If you are the owner of a trade mark or a copyright work, protecting your Intellectual Property (IP) through the border measures available will help Customs to fight against goods that infringe your IP rights if they are detected at the time of importation/exportation. To protect a right holder from the importation/exportation of counterfeit trademark, or pirated copyright goods, the right holder, or in some cases an authorised person, must submit a written request for the suspension of release by Thai Customs. The written request for intervention by Customs is an essential document that allows Customs to suspend the release of imported/exported goods that infringe trade marks and copyright. In addition, the request for intervention also provides Thai Customs with a sufficiently detailed description of the goods to which the intellectual property right applies, and with the particulars needed to contact the right holder at any time.
It is essential to note that the right holder who submits a written request for intervention by Customs is liable to all damages and expenses that may occur to importers, exporters and Thai Customs.