When an initial assessment and communication with the suspected party doesn't resolve the situation, Thai law offers 3 enforcement routes: the administrative route (coordination through the Department of Intellectual Property), the civil route (a court claim for an injunction and/or damages), and the criminal route (prosecution seeking punishment of the offender). Each has different conditions, procedures, and outcomes — no single route fits every case. This article covers all 3 routes under the Patent, Trademark, and Copyright Acts at an overview level; it is not advice for any specific case.
This article provides general information for educational purposes only, not legal advice for any specific case. The penalty and remedy figures below are statutory maximums, not guaranteed outcomes in every case. Which route is appropriate depends on the facts, evidence, and objective specific to each case. Consult a qualified IP professional to assess your specific case before taking any action.
Overview of the 3 routes
If you suspect your patent, trademark, or copyright has been infringed and have already worked through the assessment steps in What to Do When Your IP Is Infringed, and communication with the suspected party — such as a Cease and Desist letter — hasn't worked or isn't appropriate for the situation, Thai law provides 3 main routes to take it further. Each involves a different body, different conditions to initiate, and a clearly different outcome. Understanding these differences up front helps you plan more precisely with a professional.
Administrative route
The Department of Intellectual Property (DIP) plays a suppression and coordination role in IP enforcement, through its IP Coordination Center and the 1368 hotline, as well as coordination with Thai Customs for imported/exported goods. This route is not a lawsuit and does not itself result in a court judgment or order — it is a government-agency mechanism, separate from judicial proceedings. The specific procedure, documentation, and timeline for this route in a given case should be confirmed directly with DIP or through a professional, since publicly available information does not lay out a detailed procedure or timeline.
Civil route
A rights owner can bring a civil claim before the Central Intellectual Property and International Trade Court, seeking an injunction against the infringer and/or damages. The specifics differ by Act:
Patent: The Patent Act sets out explicit civil remedies. On clear evidence that a patent or petty patent owner's rights are being or are about to be infringed, the owner may ask the court to order the infringer to stop or refrain from the act (Section 77 bis), without prejudice to a damages claim. The court sets damages at an amount it deems appropriate, considering the gravity of the injury, including loss of benefits and the cost of enforcing the right (Section 77 ter). Infringing goods in the infringer's possession are confiscated, and the court may order their destruction or other measures to prevent further distribution (Section 77 quarter).
Trademark: A registered trademark owner has the exclusive right to use the mark for the registered goods (Section 44). On clear evidence of counterfeiting or imitation, the owner may apply to the court for an order to stop or refrain from the act (Section 116). The Trademark Act does not set out its own damages formula the way the Patent Act does — civil damages for trademark infringement are instead pursued as a general tort claim under the Civil and Commercial Code.
Copyright: Civil damages for copyright infringement are at the court's discretion, and the law allows the court to award up to double damages where the infringement was willful or knowing (Section 64).
Civil cases for patents, trademarks, and copyright alike are heard by the same Central Intellectual Property and International Trade Court, a specialized court with nationwide jurisdiction.
Criminal route
Certain forms of IP infringement also carry criminal penalties. The figures below are statutory maximums, not outcomes guaranteed in every case:
Patent: Unauthorized exploitation of a patent or petty patent owner's exclusive rights carries imprisonment not exceeding 2 years, a fine not exceeding THB 400,000, or both (Section 85). Where the offender is a juristic person, its responsible directors/managers may also be liable, unless they can prove they had no knowledge of or involvement in the offense (Section 88).
Trademark: Counterfeiting a registered mark carries imprisonment not exceeding 4 years, a fine not exceeding THB 400,000, or both (Section 108). Imitating a mark to mislead the public carries imprisonment not exceeding 2 years, a fine not exceeding THB 200,000, or both (Section 109). Importing, distributing, or possessing for distribution goods bearing a counterfeit or imitation mark carries the same penalty as the underlying section (Section 110). A repeat offense within 5 years doubles the penalty (Section 113). Goods imported or held for distribution in violation of the Act are confiscated regardless of conviction (Section 115).
Copyright: Copyright infringement is a compoundable offense (Section 66). Infringement by reproduction, adaptation, or communication to the public carries a fine of THB 20,000-200,000, or — if for commercial purposes — imprisonment of 6 months to 4 years and/or a fine of THB 100,000-800,000 (Section 69). Dealing in infringing copies (selling, hiring, importing for profit) carries a fine of THB 10,000-100,000, or — if for commercial purposes — imprisonment of 3 months to 2 years and/or a fine of THB 50,000-400,000 (Section 70).
Criminal cases for patents, trademarks, and copyright alike are heard by the same Central Intellectual Property and International Trade Court as civil cases.
Which route to choose — factors to weigh
No single route fits every case. Factors commonly weighed include: how urgent the situation is and whether harm is ongoing, the strength and completeness of the evidence you have, the outcome you want (stopping the conduct, being compensated, or seeing the offender punished), your business relationship with the suspected party, and the time, cost, and burden of proof each route involves. These factors carry different weight from case to case — assessing them together with a professional helps you choose a route that matches your facts and your goal.
See the type-specific steps
For the specific procedures and available routes by right type, see Patent Infringement: First Steps, Trademark Infringement: First Steps, and Copyright Infringement: First Steps.
FAQ
How does the administrative route differ from the civil/criminal routes?
The administrative route is coordination through a government agency (the Department of Intellectual Property) — it is not a lawsuit and does not itself lead to a court judgment or order. The civil and criminal routes are court proceedings, and both civil and criminal IP cases are heard by the same Central Intellectual Property and International Trade Court, though the process, burden of proof, and outcomes differ.
Do I have to choose only one route?
This article does not give a fixed answer on whether or when multiple routes can or should be pursued together, since that depends on the specific facts of each case — the nature of the conduct, the evidence available, and the outcome you're seeking. Consult an IP professional to plan the route(s) that fit your specific case.
