26/08/2022
New Customs Regulations Implemented by Thai Customs Department Effective July 29, 2022
After multiple rounds of internal discussions, dialogues with IP experts and legal practitioners, the Thai Customs Department officially issued the new regulations that were being keenly awaited by registered IP owners. The Notification of the Customs Department No.106 / 2565 (2022) Re: Control of Export, Import and Transit of Trademark and Copyright Infringing Goods was issued by the Thai Customs Department and became effective on July 29, 2022. This notification repeals in its entirety, and replaces any prior notification(s) of the Customs Department governing any arrangements relating to trademark and copyright infringing goods.
Pursuant to the new regulations, IP owners need to re-record all their registered trademarks or copyright with the Thai Customs Department directly. Though it is not obligatory for the IP owners to do such recordation, it is strongly recommended, to ensure a better protection against fake goods.
Application Procedure:
Recordation of a trademark or copyright with the Thai Customs Department can be done via the online system that is currently being developed by the Customs Department and is expected to be officially launched for the public in September 2022.
Validity of Period of Customs Recordation:
The information under the recordal application shall be valid for three (3) years from the date of receipt of the application or for the remaining period of protection of such trademark or copyright pursuant to the trademark or copyright law, whichever is earlier.
An extension of the validity period of such information may be requested by submitting an application of extension of time with the Enforcement Division, Customs Department, not less than 30 days prior to expiration, and upon submission of the application for extension of time, the information shall remain valid for another three (3) years.
Please feel free to contact Satyapon Sachdecha or Kritsana Mingtongkhum at [email protected] if you have any questions.