Thailand’s new customs recordation procedures  (2022)

Thai Customs Department has issued a notification that brought a significant change to customs recordation process. Taking effect on July 29, 2022, the Customs Notification No. 106/2565 marked an overhaul of the previous recordation system whereby trademark and copyright owners had to initially record their intellectual property rights with the Department of Intellectual Property (DIP) before approaching the Customs Department for further process. The two-step process was criticized to cause delays and impede efficiency. Under the new recordation system, now brand owners are allowed to record their intellectual property information to protect their rights from counterfeit goods directly with the Customs Department. Customs officers can access and utilize the information recorded in the database to verify the authenticity of goods imported, exported, or transited through the country. The information filed and recorded in the database will be maintained in the system for three years. However, a renewal can be requested but it is required to be done no later than 30 days prior to the expiry date.

Aside from leveraging the protections through the revamp of customs recordation system, the notification also changed customs procedures regarding inspection and seizure of counterfeit goods, providing procedural standards on both customs-initiated seizures and ad hoc inspection requests. The revamped procedure grants customs officers more authority, and also mitigates the proprietors’ duties during the procedures. One of the most noteworthy amendments under the new framework is the removal of the requirement for proprietors to submit a formal letter confirming that the products in question are indeed infringing, in instances where the exporter, importer, transit operator, or their agent acknowledges that the goods are counterfeit. Under the former procedure, such confirmation from the proprietor was mandatory, adding to the administrative burden and potentially delaying the process. Now, in cases where the admission of counterfeit status is made by the relevant party, customs officers are authorized to prepare a memorandum of inspection and seizure, or arrest, as appropriate. They will then proceed directly with the litigation process. This streamlined approach is designed to expedite the enforcement actions and reduce the procedural burdens on brand owners, thereby facilitating more efficient protection of intellectual property rights.

Moreover, it is crucial for proprietors to be aware that the implementation of these new regulations has rendered the information previously recorded in the Department of Intellectual Property’s (DIP) system automatically obsolete. The new procedure mandates that customs officers now rely exclusively on the updated customs database, rather than on the DIP’s recordation system. Consequently, it is imperative for proprietors to transition to the new customs recordation system to ensure the continued protection of their intellectual property rights across international borders.

For further information or assistance regarding these changes in customs recordation, or for any inquiries related to the protection of intellectual property in Thailand, please do not hesitate to contact us at contact@tmp-ip.com.