Updated Customs Recordation Procedure in Thailand
28 Sep 2022
Thailand
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The Thai Ministry of Commerce recently issued a notification regarding changing the customs recordation system and the customs procedure. The new notification of the Ministry of Commerce 2022 requires all customs recordations be filed directly to the Enforcement Division of the Customs Department, instead of to the Thai Department of Intellectual Property. The new notification prohibits both goods containing counterfeit or imitating trademarks of others under the law on trademarks as well as goods infringing on the copyright of another person under the copyright law for export, import, and transit through the Kingdom of Thailand.
Trademark or copyright recordation will be valid for three (3) years from the date of the recordation or the remaining duration of the trademark registration or copyright recordation – whichever period ends first. Renewals can be filed within 30 days of the pertinent expiration date.
According to the notification, rights owners must verify whether the alleged infringing goods are counterfeits or genuine within 3 days from the date of being notified by the customs officer. Failure to provide such verification will result in the products being released. A request for extension of time can be filed, but such an extension request must be filed within 10 days from the date of being notified by the customs officer.
Rights owners can file a request for inspection with the customs officer on a case-by-case basis, where there is a reasonable ground to suspect counterfeit goods are being imported, exported, or transited into the Kingdom of Thailand.
We strongly recommend all rights owners to file customs recordations under this new system to ensure their rights are protected with Customs and to stop the import and export of infringing goods.
The new Notification creates a broader scope of IPR protection for IPR owners, as the Notification protects both trademarks and copyrights. The new Notification will assist Customs officials to spot suspicious goods and differentiate between genuine and counterfeit products by considering the authentication guidelines provided by IPR owners or their local representatives.
The Thai Customs Department held a meeting on September 16, 2022 introducing the newly launched IPR Recordation System, which will allow IP rights owners and local representative to file recordals through a new e-filing system.
