Thailand and China Strengthen Cooperation on IP Enforcement

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chinese national flag in shenzhen s autumn sky

Thailand and China Strengthen Cooperation on IP Enforcement

The Thai Cabinet has approved a draft Memorandum of Understanding (MOU) between the Ministry of Commerce of Thailand and China’s market regulatory authority to strengthen cooperation on intellectual property enforcement.

The proposed cooperation framework includes information sharing, coordination on IP enforcement, and cooperation in training and capacity building for enforcement officials. The MOU is intended to facilitate closer administrative cooperation between the two authorities and enhance enforcement effectiveness against IP infringement.

Practical implications for businesses:

The MOU does not create a mechanism allowing rights holders to file cross-border enforcement requests directly or alter existing enforcement procedures in either jurisdiction. Nevertheless, it reflects a policy direction toward closer administrative cooperation between Thailand and China.

Businesses that manufacture, distribute, or sell products in China, particularly through e-commerce platforms, should consider strengthening their cross-border IP enforcement strategy by:

  • ensuring that trademarks, patents, and other IP rights are separately registered in China, as protection in Thailand does not extend automatically to China;
  • maintaining evidence of ownership and use of IP rights, distribution channels, and suspected counterfeit products;
  • reviewing agreements with manufacturers, distributors, and online platform operators to ensure adequate IP protection and enforcement provisions; and
  • considering customs recordation and online takedown procedures as part of an integrated enforcement strategy, alongside civil or administrative actions where appropriate.

The development is particularly relevant for brand owners in consumer goods, fashion, cosmetics, food and beverage, and businesses that rely heavily on cross-border e-commerce.

Key takeaways:

Although the proposed MOU does not introduce new legal remedies for rights holders, it signals stronger institutional cooperation between Thai and Chinese enforcement authorities. Businesses with commercial activities in China should ensure that their IP portfolios and enforcement strategies are prepared to take advantage of enhanced cross-border administrative coordination as it develops

Author: Panisa Suwanmatajarn, Managing Partner.

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