New Rules on Customs Recordation and Seizure of Counterfeit Goods are Issued in Thailand 泰國頒布海關備案和扣
Thai Customs Department has issued a notification about changes of customs recordation system and customs procedure for the seizure of counterfeit and pirated goods. The notification has been effective since July 29, 2022 and was published in the Government Gazette on August 4, 2022.
In case of informing the product information in advance for the purpose of verifying the information of the officers, trademark owners who seek customs recordation needed to record relevant information with Thai Department of Intellectual Property (DIP) prior to the claim. However, with the new notification, trademark and copyright owners both can record the intellectual property information with Thai Customs Department directly. Below are details of the notification of the system and procedures:
Customs Recordation System
Trademark and copyright owner (or the representative) may file its application which specifies any information the customs officers can use to verify the authenticity of goods being exported, imported, or transited in Thailand.
The information in the application will be kept for 3 years from the date of receipt (it can be the remaining period of a trademark or copyright protection, if less than 3 years). Renewal application can be filed no later than 30 days before the expiration date.
Ex Officio Impounding Procedure
When any goods which may potentially infringes intellectual property right, which is suspected by customs officers based on the information recorded in the system, the officers will impound the goods and inform the exporter, importer, or transit person (or agent), and the trademark or copyright owners. If the customs officers cannot contact the above-mentioned people, or if this person does not oppose an action within 3 days, the impounded items will be deemed as infringing goods. If the person admits that the goods infringe intellectually property right, the officers will prepare a memorandum of inspection, seizure or arrest warrant and pass the case to litigation unit for further action. In addition, with these new procedures, the officers do not require a confirmation letter from the right owner in the case.
The above-mentioned people must file an opposition along with evidence showing the goods are not infringing intellectual property rights within 3 days of acknowledging the notice sent by the officers for objection.
Inspection Requests on a Case-by-Case Basis
Right owners can apply on a case-by-case basis for customs inspection of goods which are suspected to be infringing their trademark or copyright. If customs officers are not suspicious about the accuracy of documents submitted with the inspection request, the officers will impound the goods and notify the applicant along with the exporter, importer, or transit person (or agent). The applicant must coordinate with customs officers to inspect the goods within 24 hours, otherwise the officers will release the impounded goods.
The owner applying for customs recordation of an inspection request is responsible to be exporter, importer, or transit person (or agent) and the Customs Department for any damages arising from the inspection carried out in good based on the application.
With the changes of this legislation, any information previously recorded with DIP is now expired. Therefore, trademark and copyright owners are encouraged to file for customs recordation under this new system to ensure border control to guard against infringing goods. This new system of Customs Department is expected to be launched by the end of September.
 Notification of the Customs Department No. 106/2565.  According to Section 7, Section 51, Section 102, Section 104, Section 157-159 of the Customs Act B.E. In 2017, together with Section 6 of the announcement of the Ministry of Commerce regarding trademark infringement and copyright infringement products, it is forbidden to export, import, and not bring through the Kingdom of Thailand Act 2022.
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