Thailand Lawyer the Answer to IP Infringements: US Embassy
http://www.lawsays.net/articles/9920/1/Thailand-Lawyer-the-Answer-to-IP-Infringements-US-Embassy/Page1.html
Gregory Smyth
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture. By Gregory Smyth
Published on 10/1/2011
Thailand's known as a great place to snap up a bargain - but most likely what seems like a steal is just that. Pirated movies, brand name clothing, perfume and digital gadget are proving a major obstacle in attracting foreign business investment in Thailand. Don't be put off - just know your rights and be prepared to use a corporate legal service in Thailand if you fall victim to piracy.
The flourishing counterfeit trade in Thailand may be a goldmine for bargain hunters but it has hampered efforts to attract foreign investment.
Pirated goods are not always easy to spot in terms of appearance or even quality but are significantly cheaper than the genuine product. In Bangkok alone, pirated products are sold across 10 major sites and are available to foreign tourists in centres such as Chiang Mai and Had Yai.
CDs, DVDs, toys, computer software, electrical appliances, brand-name clothing and cosmetics, watches and mobile phones are among the most popular counterfeit products.
Tackling the trade
Recent changes to Thailand law have brought this south-east Asian hub in line with most international IP standards.
Thai law firm BSA Law has advised there are legal measures in place to protect intellectual property in Thailand. The experienced international law firm in Thailand advises clients to:
- Register trademarks early. This provides legal protection against infringements and counterfeits. Under Thailand law foreign trademarks may be recognised but registering in Thailand improves legal protection and gives a greater chance of taking legal action against piracy;
- A patent application can be made to protect a range of inventions. The Thai legal service advises that Thailand joined more than 140 nations in becoming a signatory to the Patent Cooperation Treaty in 2009;
- Thai law's copyright protection extends to literary work, software, music, sound recordings, dramatic works, architectural works and motion pictures. The Thai law consulting firm advises that efforts are underway to amend the Copyright Act, including measures to address digital copyright.
Enforcement and public awareness
Aside from fast legal action (using the services of a law firm in Thailand) to curb any IP breaches, public awareness and tougher policing are critical to the anti-piracy fight.
In August 2011 the Economic Crime division and the Department of Intellectual Property called for public assistance in clamping down on illegal recordings in movie theatres.
Under Thailand law this offence carries a maximum fine of 800,000 Thai Baht or up to four years jail.
Victims must 'act fast'
According to the US Embassy in Thailand the best way to address any intellectual property breaches is to take legal action - and fast.
It says that intellectual property rights infringement is generally treated as a criminal offence under Thailand law and that penalties can range from fines to imprisonment.
While civil action can be taken and may be effective in obtaining an interim or permanent injunction, the embassy advises that the burden of proof for damages is higher than in the US.
Appointing a legal service in Thailand (many Thailand lawyers have considerable IP experience) will be necessary before taking legal action. They can also handle trademark and patent applications, which can take over a year to process.
The high piracy trade in Thailand has dampened foreign business investment in Thailand, but immediate legal action against infringements will not only protect your IP rights but will also deter counterfeiters.
Pirated goods are not always easy to spot in terms of appearance or even quality but are significantly cheaper than the genuine product. In Bangkok alone, pirated products are sold across 10 major sites and are available to foreign tourists in centres such as Chiang Mai and Had Yai.
CDs, DVDs, toys, computer software, electrical appliances, brand-name clothing and cosmetics, watches and mobile phones are among the most popular counterfeit products.
Tackling the trade
Recent changes to Thailand law have brought this south-east Asian hub in line with most international IP standards.
Thai law firm BSA Law has advised there are legal measures in place to protect intellectual property in Thailand. The experienced international law firm in Thailand advises clients to:
- Register trademarks early. This provides legal protection against infringements and counterfeits. Under Thailand law foreign trademarks may be recognised but registering in Thailand improves legal protection and gives a greater chance of taking legal action against piracy;
- A patent application can be made to protect a range of inventions. The Thai legal service advises that Thailand joined more than 140 nations in becoming a signatory to the Patent Cooperation Treaty in 2009;
- Thai law's copyright protection extends to literary work, software, music, sound recordings, dramatic works, architectural works and motion pictures. The Thai law consulting firm advises that efforts are underway to amend the Copyright Act, including measures to address digital copyright.
Enforcement and public awareness
Aside from fast legal action (using the services of a law firm in Thailand) to curb any IP breaches, public awareness and tougher policing are critical to the anti-piracy fight.
In August 2011 the Economic Crime division and the Department of Intellectual Property called for public assistance in clamping down on illegal recordings in movie theatres.
Under Thailand law this offence carries a maximum fine of 800,000 Thai Baht or up to four years jail.
Victims must 'act fast'
According to the US Embassy in Thailand the best way to address any intellectual property breaches is to take legal action - and fast.
It says that intellectual property rights infringement is generally treated as a criminal offence under Thailand law and that penalties can range from fines to imprisonment.
While civil action can be taken and may be effective in obtaining an interim or permanent injunction, the embassy advises that the burden of proof for damages is higher than in the US.
Appointing a legal service in Thailand (many Thailand lawyers have considerable IP experience) will be necessary before taking legal action. They can also handle trademark and patent applications, which can take over a year to process.
The high piracy trade in Thailand has dampened foreign business investment in Thailand, but immediate legal action against infringements will not only protect your IP rights but will also deter counterfeiters.