The Royal Thai Customs Department (“Custom”) has modified the customs recordation system as well as the customs processes for the seizure of counterfeit and pirated goods. Under this new notification, both trademark and copyright owners can now directly record their intellectual property (“IP”) information with the Custom rather than having to first record it with the Department of Intellectual Property (“DIP”), which was previously required for trademark owners requesting customs recordation.
As the law has now changed, any previously recorded Customs Recordation will now be no longer valid. Hence, the rights owners should file new application for Customs Recordation to ensure that their IP rights are being protected at Thailand’s borders. The new procedures established by the notification are detailed below:
1) Fille a Formal Application for custom recordation
- File a formal application for recordal of IP with the Custom;
- By filing the formal application, it will help the Custom to distinguish products bearing the counterfeit mark/infringing copyrighted works from genuine goods and increase the chances of IP infringing goods being blocked at the boarders.
- For foreign applicant, a local agent must be appointed to file a formal application for recordal of IP;
- The custom recordation will now be valid for three years after it is received or the remaining duration of the registered trademark or copyright in question, whichever comes first;
- Renewal of the custom recordation is allowed no later than 30 days before the expiry date.
- Upon successful renewal, the custom recordation will be valid for another three years from the previous expiry date or the remaining duration of the registered trademark or copyright in question, whichever comes first.
2) Impoundment Procedure against infringing goods
3) Custom inspection request on a case-to-case basis
For more information or assistance on filing customs recordation with the Royal Thai Customs Department, please contact Pintas IP Group at https://pintas-ip.com/contact-us/