Thai Customs Proceedings: New Border Measure Introduced in 2022 Thai Customs IPR Recordation System (“TCIRs”)

Thai Customs to “Block” pirated and counterfeit goods

As a veritable filter blocking consignments of counterfeit goods before they are in-and-out the territory, Thai Customs play a pivotal role in intercepting incoming shipments of pirated and counterfeit goods en route to the Thai market by suppressing such goods in connection with importation, exportation, transit, and transshipment expeditiously.

A remarkable feature of the Thai Customs Act BE 2560 (2017) provides Customs officers the authority to intervene ex officio to detain and seize suspicious pirated and counterfeit goods. This applies to all goods, regardless of whether they are imported or exported, and also extends to goods in transit through Thailand to or from other countries.

Undeniably, these seizure powers at the country’s borders are extremely beneficial to IP owners.

Before July 2022 – Sharing the same database with DIP

If IP owners wish to proceed with customs recordation, application must be submitted with the Thai Department of Intellectual Property (“DIP”). DIP will upload the required information into its database, which is available at all Customs ports in the country. Customs officer finds suspected counterfeit goods while monitoring the border, those goods may be seized temporarily. Upon seizure, a request letter will be sent to the IP owner or its representative, asking it to inspect the detained products.

After July 2022 – Having its own “TCIRs”

According to the new Notification for Controlling the Exportation, Importation and Transiting of Trademark- and Copyright-Infringing Goods (Customs Department Notification No. 106/2565), IP owners can directly record their information with the Customs’ database, namely “TCIRs”.

Main points of TCIRs

• As information which was previously submitted with DIP will no longer in effect, IP owners must record their information directly with the Customs Department via this link https://thaiipr.customs.go.th/ipr-app/#/login
• In case that Customs officers find any suspected goods during an exportation, importation or in transit, they will proceed as follows: –

• • Detaining the suspected goods for examination.
  • Contacting IP owners or local agent as recorded with TCIRs.
  • Unless opposition is filed by the importer / exporter / transit agent opposing that their goods are genuine within 3 days, issuing official seizing report.
  • The recorded information will be valid in the system for 3 years (from the submission date) or valid through the remaining duration of trademark protection term, whichever comes first.
  • The recordation can be renewed within 30 days prior to the expiration of 3 years period or the remaining duration of trademark or copyright protection.
  • If there’s any change, new information must also be updated with the Customs officer.

Required Documents

1. Certified copies of the extracts of the trademark registrations (which can be obtained from DIP)
2. Trademark Specimen
3. Notarized Power of Attorney

For more information, please contact us at mail@weintellectual.com.

The Authors

Saowaluck Lamlert (APPLE) Managing Partner Saowaluck.L@weintellectual.com	Tatchaporn Natprasertkul Partner Tatchaporn.N@weintellectual.com