In recent years, the Department of Intellectual Property (DIP) has cracked down on various forms of IP rights infringement such as counterfeiting and online piracy. Two recent developments from the start of 2021 show that state-level anti-infringement measures are having a positive effect on the market.

On 14 January 2021 the Office of the US Trade Representative (USTR) released its latest Review of Notorious Markets for Counterfeiting and Piracy. In encouraging news for foreign businesses with a significant presence in Thailand, the 2020 USTR review does not categorise any physical markets in Thailand as 'notorious' for selling counterfeited and pirated goods. It categorises 34 physical markets internationally as 'notorious', as well as 39 online markets.

There is further promising anti-infringement news concerning the online marketplace in Thailand. On 11 January 2021 three of Thailand's major online retailers – JD Central, Lazada and Shopee – came together with the DIP, the Department for Business Development, the Department of International Trade Promotion and representatives of IP rights holders to sign the Memorandum of Understanding (MoU) on the Protection of Intellectual Property Rights on the Internet.

Parties to the MoU have pledged to collaborate with and support one another to:

  • stop the sale of counterfeited and pirated goods online; and
  • facilitate the prosecution of parties which are found to be using online platforms to sell such goods.

The MoU also pledges that online platforms will have greater accountability for self-policing to combat and report commercial activity which infringes IP rights on their sites.