Intellectual Property Rights Protection

Protection for copyrights, patents and trademarks in Thailand has been improving recently, but intellectual property protection remains a key bilateral issue for its trading partners. Thailand's government created a new copyright law in 1994 that focused on computer software, increasing the fines and penalties against infringers. Other significant steps include the creation of an Intellectual Property Department within the Ministry of Commerce, increased legal expertise in intellectual property matters within the Police and the Justice Ministry and the operation of an Intellectual Property and International Trade Court, which began operating in September 1997.

Although Thailand's legislative efforts for property rights are approaching world-class standards, enforcement continues to be the main problem. Although new legislation gives police the authority to conduct raids, other Thai laws require the aggrieved party take an active role in protecting its copyrights, patents and trademarks. This law makes a "blanket" raid impossible as police can only respond to a specific complaint. Once the complaint is made, the complainant needs to take an active role in the raid and prosecutions, helping the police identify pirated or counterfeit goods and supporting them throughout the prosecution. Increased fines and penalties, from 100,000 baht to 800,000 baht ($4,000 to $32,000) have been made possible under the new copyright law along with product confiscation and jail time. However, to date Thai judges have seldom imposed stiff fines on offenders, and no one has ever served time in jail upon conviction under an intellectual property law.

As of 1998, Thailand remains on USTR's watch due to concerns over the piracy levels of videos and software. The U.S. government has also been monitoring decisions of the new intellectual property court and has expressed dissatisfaction with Thailand's efforts.

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