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US Watch List: Strategic Intellectual Property Work Plan for Removal

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US Watch List: Strategic Intellectual Property Work Plan for Removal

Background:

Under the framework of the U.S. Special 301 Report, the Office of the United States Trade Representative (USTR) annually evaluates the intellectual property (IP) protection and enforcement standards of its trading partners. This assessment categorizes countries into three tiers: Priority Foreign Country (PFC), Priority Watch List (PWL), and Watch List (WL), each with significant implications for trade relations. The 2025 Special 301 Report maintains Thailand’s designation on the Watch List, a status it has held since 2017, following a decade on the PWL from 2007 to 2016. This placement reflects progress in Thailand’s IP framework but underscores ongoing challenges that impact its trade relationship with the United States. Please see 2025 Thailand status in our previous article in the link https://thelegal.co.th/2025/05/14/thailands-2025-special-301-report-on-intellectual-property-protection-and-enforcement-released/

To address these challenges and achieve removal from the Watch List, Thailand has developed a comprehensive IP Work Plan, aimed at aligning its IP ecosystem with international standards. On August 6, 2025, the National Intellectual Property Policy Committee, chaired by senior government officials and involving over 20 public sector agencies, convened to formalize this strategy. The meeting, held at the Ministry of Finance, emphasized the critical role of IP in driving economic growth, fostering innovation, and enhancing Thailand’s global competitiveness, particularly for small and medium enterprises (SMEs).

Key Pillars:

The approved Intellectual Property Development Plan for 2026–2027 serves as the cornerstone of Thailand’s efforts. This plan is structured around four key pillars:

1.  Legislative Development: Modernizing IP laws to meet global best practices, including updates to existing regulations and the introduction of new frameworks where necessary.

2.  Enforcement Enhancement: Strengthening mechanisms to combat IP infringement through improved inter-agency coordination, robust enforcement measures, and stricter penalties.

3.  Public Service Optimization: Streamlining IP-related services, such as registration and examination processes, to enhance accessibility and efficiency for stakeholders.

4.  Stakeholder Engagement and Awareness: Promoting public participation and increasing societal awareness of IP rights to foster a culture of respect for innovation and creativity.

These pillars aim to create a robust IP ecosystem that supports innovation from creation to commercialization, benefiting SMEs and attracting foreign investment. The plan also prioritizes elevating Thailand’s ranking in the Global Innovation Index (GII) through six strategic initiatives: leveraging research and innovation investments, enhancing innovation value through creativity and IP, developing financial and capital market mechanisms for innovation, promoting the scaling and utilization of innovations, fostering innovation-based enterprises and skilled talent, and improving innovation data management.

The IP Work Plan is a proactive response to the USTR’s concerns, specifically designed to address deficiencies highlighted in the Special 301 Report. By implementing these measures, Thailand aims to strengthen its IP framework, enhance enforcement, and demonstrate its commitment to international IP standards. Successful execution is expected to facilitate Thailand’s removal from the Watch List, improve bilateral trade relations with the United States, and provide greater protection for both domestic and international IP holders.

Key Takeaways:

Author: Panisa Suwanmatajarn, Managing Partner.

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