New trademark law with higher penalties is now in force



BANGKOK: -- The Department of Intellectual Property says the new trademark law is now in force.

The new law which is an amendment to the Trademark Act of B.E. 2534 (1991 A.D) is aimed at tackling fake goods which are rampant, particularly liquors, lubricant oils, and shampoo.

Director-general of the Department of Intellectual Property Mrs Nantawan Sakuntanak said the new law became effective July 28.

Significant clause in this amended law is the imposition of penalties for the use of trademark packages of others for use to mislead consumers they are their own packages, she said.

She said in the past there were rampant use of registered trademark packages of brand name goods to pack fake goods, especially liquors, lubricant oils, shampoo and medicines.

This illegitimate practice is considered hazardous to consumers’ health.

Under the new law, violator faces four year in jail and 400,000 baht fine, replacing the maximum one year in prison and 2,000 baht fine imposed under the Criminal Act, she said.

The old law also allows for compromise to settle the case, she said.

Besides, the new law also extends protection to sound trademark which can be copyrighted.

The musical sound from ice cream selling or musical sound on the start of TV programme that are used in marketing promotion are also protected under the new law, she added.

Source: http://englishnews.thaipbs.or.th/new-trademark-law-higher-penalties-now-force/


-- Thai PBS 2016-07-29

"Director-general of the Department of Intellectual Property Mrs Nantawan Sakuntanak said the new law became effective July 28."

Looks like she got a batch of the knock off shampoo,or Sham Poo, and she's on the warpath. Hope she can find someone to fix her hair.

No need to panic this law is for thai products only.

my Louise Wat Vuittton wallet will now have to last me long enough - until I can afford a real one $$$$$$$$

gotta protect local industry from LOS of profits from sale of original copies

No need to panic about you LV wallet because, if you read correctly, "The new law which is an amendment to the Trademark Act of B.E. 2534 (1991 A.D) is aimed at tackling fake goods which are rampant, particularly liquors, lubricant oils, and shampoo." Also, it is aimed at products, "hazardous to consumers’ health." Your wallets should not come under into category unless it is so full that it could be too heavy to carry in a safe way.

Plenty of people still selling fake brand name T-shirts and polo shirts in Pattaya. I guess there are too many rich land owners renting to these folks so they won't crack down on them. Personally, I don't care about the brand names and if these vendors just sold the same stuff with different logos I'd be more interested. Maybe they only arrest people selling good copies of foreign brands. Most of the stuff in the shops are not quality copies. In the end, even under this regime the making of laws and their enforcement still is a joke.

tackling fake goods which are rampant, particularly liquors, lubricant oils, and shampoo.

Sounds like Chinese exports to Thailand. Maybe the Thai trade agreements with China are fakes as well.

I would guess if enforced about 5% of the population will be unemployed. Another flavor of the month announcement. BOO!!

Edited July 30, 20169 yr by elgordo38