How can I protect my intellectual property?
Registering your trademark or recording your copyright with the appropriate government office is an important initial measure to protect your intellectual property. The registration or recordation will provide important evidence of ownership in the event that your intellectual property is infringed upon and a court action is necessary.
You may want to take preventative measures to ensure your trademark will not be infringed upon. We offer watching services and can monitor the Trademark Journal to prevent the registration of infringing trademarks.
Is infringement of intellectual property a criminal or civil offense?
In Thailand, infringement of intellectual property may be either a criminal action or civil action, or both.
Is it more advantageous to file a criminal complaint or a civil action?
Although every case is different, we generally recommend filing a criminal action. In Thailand, unlike some western jurisdictions, criminal actions may be filed individually as well as by a public prosecutor. By filing a criminal complaint within the statutes of limitation, you also ensure that on a later date you will eligible to file a civil action in the event that the public prosecutor does not follow through on your case.
Are the standards of evidence for a criminal and civil case the same?
In either type of case, evidence of both the violation committed by the infringing party and the prosecuting party's right to the disputed intellectual property is required. However, criminal cases have a higher burden of proof than civil cases.
What are the procedures for filing a criminal and civil complaint?
As described above a criminal case may be filed privately or by a public prosecutor. Civil complaints are private cases and are normally reviewed in the Court of Intellectual Property and International Trade.
Different statutes of limitations apply to civil and criminal cases. Also different statutes of limitations apply to private criminal cases as opposed to public criminal cases. Cases filed beyond the statute of limitations will normally be dismissed.