Tag: Intellectual Property

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IP Enforcement in Thailand: Strengthened Multi-Agency Operations and Significant Results in 2025–2026

Thailand has significantly advanced its intellectual property (“IP”) enforcement framework through coordinated efforts led by the Department of Intellectual Property (“DIP”), in close collaboration with the Economic Crime Suppression Division (“ECD”) of the Royal Thai Police, the Customs Department, the Department of Special Investigation (“DSI”), and private-sector IP rights holders. These joint initiatives target counterfeit and infringing goods across physical retail locations, storage facilities, border checkpoints, and online marketplaces, with the dual objectives of disrupting illicit supply chains and protecting both consumer safety and legitimate commercial interests.

Enforcement Outcomes in 2025:

Between January and November 2025, integrated operations produced the following results:

  • 1,132 cases of IP infringement
  • 3,344,841 infringing items seized
  • Estimated economic damages exceeding THB 1.14 billion

Compared with the equivalent period in 2024, the number of cases decreased by 16.15%, while the volume of seized items rose by 21.35% and the value of damages increased by 63.89%. This shift indicates greater focus on high-impact interventions and upstream disruption. Contributions by agency were as follows:

  • ECD: 789 cases, 1,820,574 items seized
  • Customs Department: 336 cases, 571,675 items seized
  • DSI: 7 cases, 952,592 items seized

The DIP structured its enforcement activities through three dedicated task forces:

  • Mobile Patrol Units conducting frequent inspections (at least three days per week) in key Bangkok commercial districts, including MBK Center, Platinum Fashion Mall, Pratunam, Sampheng, Silom, Phrom Phong, and Sukhumvit.
  • Regional Task Forces performing bi-weekly operations in provincial high-risk zones, particularly tourist destinations, wholesale markets, and distribution warehouses.
  • Inspection and Evaluation Units carrying out monthly reviews in designated “red-zone” tourist provinces: Bangkok, Chonburi, Chiang Mai, Phuket, Surat Thani (Koh Samui), Songkhla, Krabi, and Prachuap Khiri Khan.

Key Enforcement Actions in Early 2026:

Enforcement momentum continued into 2026 with intensified targeted operations.

  • DIP and ECD Operations (15–31 January 2026): Thirty-two joint actions across Bangkok shopping malls, retail outlets, and northern and eastern provincial markets resulted in the seizure of 11,802 infringing items (estimated damages over THB 14.9 million) and the arrest of 25 individuals. Seized products included counterfeit footwear, apparel, bags, perfumes, and accessories bearing trademarks of Chanel, Louis Vuitton, Gucci, Adidas, Nike, and others. A notable warehouse raid in Samut Sakhon Province on 30 January 2026 recovered 223,404 items valued at more than THB 63.2 million in damages, consisting primarily of substandard consumer goods (shampoo, body lotion, facial cream, toothpaste, and motorcycle spark plugs) that present potential health and safety risks.
  • Border Enforcement with the Customs Department (13 January–6 February 2026): Inspections at Laem Chabang Port, Bangkok Port, Si Racha Free Zone, and Aranyaprathet Customs House led to the interception of 42,451 infringing items (estimated damages THB 223.21 million). Goods included counterfeit luxury bags, shoes, watches, perfumes, automotive components, and solar lamps. For fiscal year 2026 up to 6 February, Customs reported 38 cases with total damages exceeding THB 885 million.
  • Online Platform Measures: Pursuant to Memoranda of Understanding with major e-commerce platforms (Lazada, Shopee, TikTok Shop, NocNoc, and Nex Gen Commerce), authorities secured the removal of 2,867 infringing product listings. Efforts are underway to extend similar arrangements to additional providers.

Strategic Direction:

The Intellectual Property Development Plan B.E. 2569–2570 (2026–2027) coordinates more than 30 government agencies to implement sustained, proactive suppression measures. Core elements include targeting upstream manufacturers and distributors, leveraging ancillary legislation (anti-money laundering, taxation, immigration), expanding online enforcement partnerships, holding property owners accountable for tenant infringements, addressing software piracy, and deploying technology to monitor digital infringement channels.

Key Takeaways:

Ongoing multi-stakeholder cooperation, including public reporting through hotline 1368 or www.ipthailand.go.th, will be essential to sustaining progress, enhancing investor confidence, and supporting long-term economic development.

Thailand’s IP enforcement has become markedly more effective, evidenced by higher seizure volumes and damage valuations despite fewer reported cases, reflecting a strategic emphasis on quality over quantity of interventions.

Operations now systematically address the entire supply chain—from importation and warehousing to retail and online distribution—thereby reducing the availability of counterfeit products.

Consumer protection remains central, with authorities repeatedly highlighting the health and safety hazards posed by unregulated, substandard goods.

Rights holders and businesses operating in Thailand are advised to maintain rigorous supply-chain oversight, secure appropriate authorizations, and proactively protect their intellectual property to minimize exposure to enforcement action.

Author: Panisa Suwanmatajarn, Managing Partner.

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International Trade: Updates to Thailand’s Certificate of Origin Issuance under TCFTA and AKFTA

The Department of Foreign Trade (DFT) of Thailand has prepared draft notifications to revise the rules, procedures, and conditions for issuing preferential Certificates of Origin under two significant Free Trade Agreements (FTAs). These amendments primarily align the Product Specific Rules (PSRs) with the Harmonized System (HS) 2022 tariff classification, thereby preserving the eligibility of qualifying Thai-origin goods for reduced or exempted customs duties in the respective markets.

1.  Thailand-Chile Free Trade Agreement (TCFTA)
The draft notification governs the issuance of Form TC for goods exported from Thailand to Chile (or vice versa, where applicable). It updates procedures to reflect the transition of PSRs from HS 2012 to HS 2022, following formal decisions by the Thailand-Chile Free Trade Commission, Cabinet approval, and completion of diplomatic note exchanges in late 2025.
Principal features include:

       •  Electronic application submission via the DFT system or authorised agencies.

       •  Mandatory supporting documents: commercial invoice, transport document (e.g., Bill of Lading or Air Waybill), and origin qualification evidence, differentiated for agricultural and industrial products.

       •  Indication of origin criteria in Box 8 (e.g., WO, PE, CC, CTH, CTSH, QVC, SP).

       •  Validity period of 12 months from the date of issuance.

       •  Special provisions covering retroactive issuance (within 1 year, marked “Issued Retroactively”), non-party invoicing, de minimis deviations (DMI ≤10% FOB), accumulation (ACU), exhibition goods, corrections, and replacements.

       •  Retention of supporting documents for 5 years.
The notification is scheduled to enter into force on 1 April 2026, replacing the existing notification dated 2015.

2.  ASEAN-Korea Free Trade Agreement (AKFTA)
The draft notification pertains to the issuance of Form AK for goods originating in Thailand and exported to the Republic of Korea or other AKFTA member countries. It updates PSRs from HS 2017 to HS 2022, in accordance with joint decisions of relevant ASEAN-Korea sub-committees in mid-2025.
Principal features include:

       •  Electronic submission through the DFT system.

       •  Documentation requirements aligned with those under TCFTA, with specific procedures for agricultural goods (HS Chapters 01–24) and industrial goods (HS Chapters 25–97).

       •  Origin criteria to be indicated in Box 8 (e.g., WO, CTH, RVC 40%, CTC, WO-AK, RVC with actual percentage, CTH+RVC, Specific Processes).

       •  Validity period of 12 months.

       •  Mechanisms for retroactive applications (within 1 year, marked “ISSUED RETROACTIVELY”), back-to-back certification, exhibition goods, third-country invoicing, and replacements (marked “CERTIFIED TRUE COPY”).

       •  Retention of supporting documents for at least 3 years.
The notification is expected to take effect on 1 May 2026, superseding the 2015 notification.

Possible Public Impact:

These revisions are anticipated to deliver net positive outcomes for Thai exporters by ensuring continued and accurate access to preferential tariff treatment under TCFTA and AKFTA, thereby preserving cost competitiveness in the Chilean and Korean markets. Exporters may encounter short-term transitional requirements, including re-assessment of product HS classifications against the updated PSRs, recalculation of regional value content (where relevant), and verification of supply chain documentation. Any delay in adaptation could temporarily jeopardise eligibility for duty reductions or exemptions on specific shipments. Nevertheless, the sustained use of the DFT’s electronic issuance platform is expected to streamline processing, lower long-term administrative costs, and improve overall trade facilitation.

Key Takeaways:

•  The updates align Thailand’s Certificate of Origin procedures with HS 2022 under TCFTA (effective 1 April 2026) and AKFTA (effective 1 May 2026).

•  Exporters must promptly review and adjust HS classifications, origin calculations, and supporting documentation to maintain preferential tariff benefits.

•  The electronic submission system remains central, supporting greater efficiency and compliance.

•  Proactive preparation is essential to avoid disruptions in claiming duty preferences in Chile and Korea.

Author: Panisa Suwanmatajarn, Managing Partner.

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U.S. Tariff Policy Shift Following Supreme Court Ruling: Thailand Monitors Impact and Prepares Strategic Response

U.S. Supreme Court Limits Presidential Authority to Impose Global Tariffs

On 20 February 2026, the Supreme Court of the United States issued a significant ruling in Learning Resources, Inc. v. Trump by a 6–3 majority. The Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the U.S. President to impose broad global import tariffs.

The Court reasoned that the imposition of tariffs constitutes a fiscal power that is constitutionally vested in the United States Congress rather than the executive branch.

As a consequence, the Court invalidated the Reciprocal Tariff measure previously implemented under IEEPA. The decision could potentially result in the refund of tariffs already collected, estimated at approximately USD 175 billion.

U.S. Introduces Temporary Global Tariff under Trade Act of 1974

Following the ruling, the U.S. President issued a proclamation on the same day invoking authority under Section 122 of the Trade Act of 1974 to impose a temporary import surcharge of 10% on goods imported from all countries for a period of 150 days, citing concerns related to balance-of-payments pressures.

The measure took effect on 24 February 2026. However, on 21 February 2026, the President announced an increase in the tariff rate to 15%, the maximum level permitted under Section 122, effective immediately.

This temporary tariff measure replaces the Reciprocal Tariff framework but includes exemptions for certain strategic goods, including:

  • Certain critical minerals
  • Metals used in currency and bullion
  • Energy and energy products
  • Certain agricultural products
  • Pharmaceuticals and pharmaceutical ingredients
  • Certain electronics
  • Passenger vehicles, certain light trucks, medium- and heavy-duty vehicles, buses, and related parts
  • Certain aerospace products

Potential Impact on Thailand

The Vice Chairman of the Thai Chamber of Commerce stated that the U.S. court decision does not disrupt the ongoing trade negotiations between Thailand and the United States. Instead, the ruling provides greater legal clarity regarding U.S. trade policy.

From a commercial perspective, the new tariff rate of 15% is lower than the effective tariff rate of approximately 19% previously faced by Thai exports. Consequently, the short-term impact on Thai exporters is expected to be manageable.

In addition, the temporary nature of the measure may create short-term export opportunities, as U.S. importers may accelerate purchases during the 150-day implementation period in anticipation of potential policy changes.

Nevertheless, Thailand may still need to address longstanding U.S. concerns in several areas, including:

  • Production cost structures
  • Government subsidies
  • Anti-dumping issues
  • Labour standards
  • Environmental standards
  • Food safety regulations
  • Intellectual property protection

These issues may become increasingly relevant in the context of future trade policy reviews.

Thai Government Response

The Prime Minister has instructed the Thailand–U.S. trade negotiation team, including the Deputy Prime Minister and Minister of Finance, together with the Minister of Commerce, to closely monitor developments following the transition from the Reciprocal Tariff framework to the 15% global tariff measure.

While the reduced tariff rate may provide short-term benefits for Thai exports, policymakers recognize the possibility of further U.S. trade measures and will continue to maintain close bilateral engagement.

Thailand’s Strategic Response

To mitigate potential risks and strengthen economic resilience, Thailand is pursuing several strategic initiatives.

1. Continued Engagement with U.S. Trade Authorities

Thailand will continue discussions with the Office of the United States Trade Representative (USTR) to safeguard Thai export interests and manage potential tariff risks.

2. Expansion of Free Trade Agreements (FTAs)

The government is accelerating negotiations on free trade agreements in order to diversify export markets and reinforce Thailand’s position as a regional trade and investment hub.

Current priorities include:

  • Implementation of FTAs with Sri Lanka and the European Free Trade Association (EFTA), which have already been signed and are awaiting domestic approval
  • Targeting the conclusion of FTA negotiations with South Korea and the European Union by 2026
  • Advancing trade cooperation between the Association of Southeast Asian Nations (ASEAN) and Canada

3. Support Measures for Businesses

The Ministry of Commerce has established a consultation centre to provide guidance to businesses affected by evolving global trade policies.

4. Investment Promotion and Supply Chain Relocation

Thailand is also working to remove regulatory barriers to investment in order to attract supply-chain relocation into Thailand and the broader ASEAN region.

The Prime Minister has tasked the Office of the Council of State of Thailand with accelerating legal reforms affecting investors, while the Thailand Board of Investment continues to expedite investment approvals under the Board of Investment (BOI) Fast Pass policy.

Author: Panisa Suwanmatajarn, Managing Partner.

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Update on Thailand–United States Tariff Negotiations and the New 15% Global Import Tariff

Update on Thailand–United States Tariff Negotiations

On 19 February 2026, the Minister of Commerce provided an update on Thailand’s ongoing tariff negotiations with the United States, confirming that discussions remain underway despite several substantive issues on which the parties continue to hold differing positions.

Earlier, on 12 February 2026, Director-General-level consultations were convened to discuss the proposed timeline and structural framework of the contemplated agreement. Both sides reaffirmed their shared objective of concluding the negotiations in a timely and orderly manner. The United States indicated that it would not object to Thailand submitting, in advance, a proposed list of goods for exemption from the Reciprocal Tariff (“RT”) under Annex 3. However, approval of any such exemptions will ultimately depend on the overall balance and final outcome of the negotiations. The Ministry of Commerce has expressed its intention to conclude the negotiations by July 2026.

Thailand’s Tariff Position within ASEAN and Structural Parity under the RT Regime

Thailand currently maintains a tariff position equivalent to that of other ASEAN Member States under the RT framework and is therefore not at a structural disadvantage from a comparative tariff perspective.

Eligibility for exemptions under Annex 3 will depend on the specific terms secured through each country’s bilateral negotiations with the United States, as the United States applies differentiated conditions on a case-by-case basis. Importantly, any preferential treatment granted under Annex 3 does not take effect automatically upon the conclusion of negotiations. Rather, it remains subject to compliance with applicable domestic legal processes and formal procedural requirements.

By way of illustration, in the case of Malaysia, tariff exemptions become operative only after sixty (60) days have elapsed from the date on which the relevant agreement enters into force under Malaysia’s domestic law, together with formal notification to the United States. During this interim period, goods listed under Annex 3 remain subject to the RT in the ordinary course until all requisite procedures have been completed and the exemption becomes fully effective.

U.S. Supreme Court Ruling on Presidential Authority under IEEPA

On 20 February 2026, the Supreme Court of the United States, by a 6–3 majority, affirmed a lower court ruling that the U.S. President’s reliance on the International Emergency Economic Powers Act (“IEEPA”) as authority to impose the RT was unlawful. The Court held that IEEPA does not authorize the imposition of tariffs, as such authority is constitutionally vested in Congress.

This decision clarified the constitutional allocation of tariff authority and directly affected the legal basis underpinning the previously imposed RT measures.

Imposition of a Global Tariff under Section 122 of the Trade Act of 1974

Following the Supreme Court’s ruling, on 21 February 2026, the U.S. President announced the immediate imposition of a 15% global import tariff pursuant to Section 122 of the Trade Act of 1974.

The Minister of Commerce confirmed that Thailand is not required to reopen or renegotiate its ongoing discussions in light of this measure, as the tariff rate has been unilaterally determined by the United States. Certain categories of goods remain exempt, and the overall impact has not been assessed as materially adverse.

In the short term, Thailand may derive relative benefits from this development. The previously applicable tariff rate of 19% on Thai goods has been reduced to 15%, resulting in immediate cost savings for Thai exporters. Key sectors expected to benefit include rubber products, frozen seafood, and electronic components—each representing significant export categories to the United States market.

Ongoing Monitoring and the 150-Day Statutory Review Period

Notwithstanding the foregoing, the Thai Government will continue to monitor the implementation and legal trajectory of the measure, particularly in light of the 150-day period prescribed under Section 122 of the Trade Act of 1974. During this statutory period, the United States retains the authority to modify, extend, or terminate the measure.

Benefits and Risks Arising from the U.S. Tariff Measures

Short-Term Benefits


The reduction of the import tariff rate from 19% to 15% enhances the price competitiveness of Thai goods in the United States market and provides immediate cost relief to Thai exporters.

No Requirement for Renegotiation


As the United States has unilaterally determined the applicable tariff rate and granted exemptions for certain categories of goods, Thailand is not required to reopen negotiations, thereby reducing the administrative and diplomatic burden associated with prolonged discussions.

Opportunity for Market Expansion


Thai exporters may capitalize on the current tariff environment by accelerating exports during this period of reduced rates, ahead of any potential regulatory changes.

Long-Term Risks


If the United States increases tariff rates or introduces additional trade measures following the statutory review period, Thailand may face renewed competitive pressure. It is therefore prudent to prepare contingency strategies, including diversification of export destinations, particularly within ASEAN and the European market.

Conclusion

Recent developments in U.S. tariff policy reflect continued legal and policy volatility—from the Supreme Court’s clarification of presidential authority under IEEPA to the subsequent imposition of a 15% global import tariff under Section 122 of the Trade Act of 1974.

While Thailand is not required to renegotiate its position and stands to benefit in the short term from the reduced tariff rate, the uncertainty inherent in the 150-day statutory framework remains a material risk factor. Accordingly, the Thai Government should closely monitor further developments in U.S. trade policy, while private sector stakeholders strategically leverage the current window of opportunity to expand exports, enhance product value, and diversify market exposure in order to strengthen Thailand’s long-term trade resilience.

Author: Panisa Suwanmatajarn, Managing Partner.

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US Special 301: Thailand’s Continued Watch List Status and Strategic Efforts Toward Removal

The Office of the United States Trade Representative (“USTR”) annually publishes the Special 301 Report to evaluate the adequacy and effectiveness of intellectual property (“IP”) protection and enforcement in U.S. trading partners, pursuant to Section 301 of the U.S. Trade Act of 1974. On 29 April 2025, the 2025 Special 301 Report was released, maintaining Thailand’s placement on the Watch List—a designation Thailand has held since 2017, following a period on the Priority Watch List from 2007 to 2016.

While the Watch List status remained unchanged, the USTR acknowledged Thailand’s notable progress in several areas, including legislative initiatives and enhanced enforcement activities. Key advancements recognized include the publication of a draft Patent Act in December 2024 to streamline patent registration, reduce examination backlogs, and facilitate accession to the Hague Agreement Concerning the International Registration of Industrial Designs; proposed amendments to the Copyright Act to support accession to the WIPO Performances and Phonograms Treaty (“WPPT”); and strengthened enforcement measures against IP infringements, coordinated by the Department of Intellectual Property, the Royal Thai Police, and the Customs Department, resulting in increased seizures of counterfeit and pirated goods.

On 26 August 2025, the National Intellectual Property Policy Committee approved the Thailand Intellectual Property Work Plan (“IP Work Plan”), developed in collaboration with the USTR. This plan outlines concrete, time-bound measures to address the deficiencies identified in the 2025 Report and supports Thailand’s objective of removal from the Watch List. Complementing this, the Intellectual Property Development Plan for 2026–2027 was formalized, structured around four core pillars:

1.  Legislative Development: Updating and modernizing IP laws to align with international best practices.

2.  Enforcement Enhancement: Improving inter-agency coordination, implementing robust measures, and imposing stricter penalties to combat infringement.

3.  Public Service Optimization: Enhancing the efficiency and accessibility of IP registration, examination, and related administrative processes.

4.  Stakeholder Engagement and Awareness: Increasing public awareness and fostering a culture of respect for IP rights through education and participation.

These efforts are further supported by strategic initiatives aimed at elevating Thailand’s performance in the Global Innovation Index, including increased investment in research and innovation, development of financial mechanisms for innovation, promotion of innovation scaling, cultivation of skilled talent, and improved data management for innovation activities.

On 3 February 2026, the Thai Cabinet formally acknowledged Thailand’s status under the 2025 Special 301 Report, as presented by the Ministry of Commerce. This acknowledgment reaffirms the government’s commitment to implementing the IP Work Plan and advancing reforms in close coordination with the USTR. The focus has shifted from policy formulation to measurable implementation and enforcement outcomes.

The forthcoming 2026 Special 301 Report, anticipated at the end of April 2026, will evaluate the effectiveness and sustainability of these measures. Successful execution of the IP Work Plan is expected to demonstrate sufficient progress to warrant removal from the Watch List, thereby strengthening bilateral trade relations with the United States and enhancing protections for domestic and international IP holders.

For a detailed analysis of Thailand’s status in the 2025 Special 301 Report and initial reform strategies, please refer to our previous article: [Thailand’s 2025 Special 301 Report on Intellectual Property Protection and Enforcement Released (Thailand’s 2025 Special 301 Report on Intellectual Property Protection and Enforcement Released – The Legal Co., Ltd.).

Key Takeaways:

  1. Thailand remains on the U.S. Watch List in the 2025 Special 301 Report, reflecting ongoing concerns despite recognized progress in IP protection and enforcement.
  2. The jointly developed Thailand Intellectual Property Work Plan, approved in August 2025, and the Intellectual Property Development Plan for 2026–2027 provide a structured framework to address USTR-identified deficiencies through legislative, enforcement, service, and awareness initiatives.
  3. Cabinet acknowledgment on 3 February 2026 underscores Thailand’s commitment to implementation, with the 2026 Special 301 Report serving as a pivotal assessment of these efforts.
  4. Effective execution holds the potential to secure removal from the Watch List, bolster international trade confidence, and support innovation, particularly for small and medium enterprises.

Related Article: Thailand’s 2025 Special 301 Report on Intellectual Property Protection and Enforcement Released – The Legal Co., Ltd.

Author: Panisa Suwanmatajarn, Managing Partner.

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Legal Update: Recent Revisions to the United States–Thailand Joint Statement on Reciprocal Trade

The Joint Statement on the Framework for the United States–Thailand Agreement on Reciprocal Trade (the “Joint Statement“) has been revised in certain non-material respects, as proposed by the Ministry of Commerce of Thailand. Such revisions were made pursuant to authority previously granted by the Cabinet and do not alter the core principles approved at the policy level.

Cabinet Approval and Delegated Authority

The Cabinet of Thailand (the “Cabinet“) initially approved the Joint Statement on 1 August 2025 (B.E. 2568). Concurrently, the Cabinet delegated authority to the Ministry of Commerce to make revisions to non-essential provisions of the Joint Statement, provided that such revisions remain consistent with the principles approved by the Cabinet. The Ministry of Commerce was further required to subsequently report such revisions to the Cabinet, together with the rationale for and benefits arising from them.

Modifications Proposed by the United States

Following further discussions, the United States proposed several revisions to both the substance and wording of the Joint Statement to more accurately reflect prevailing factual circumstances and the current status of implementation. The key modifications are summarized below:

  • The reciprocal trade tariff, which had not previously been specified, was fixed at a rate of 19 percent.
  • The Joint Statement was revised to include a reference to Annex III of Executive Order No. 14346, dated 5 September 2025 (B.E. 2568), entitled “Potential Tariff Adjustments for Aligned Partners.” This annex addresses the identification of categories of goods that may be eligible for tariff exemptions for trading partners that successfully conclude negotiations with the United States. The inclusion of this reference enhances legal clarity, as the original text did not expressly refer to the relevant executive order.
  • Provisions relating to rules of origin were removed. This issue remains under consideration by the United States, and no definitive policy or implementation framework has yet been finalized.
  • Certain wording in the Joint Statement was refined to more accurately reflect the status and progression of negotiations between Thailand and the United States.

Thailand’s Representation and Formalization of the Joint Statement

The Prime Minister of Thailand appointed the Deputy Prime Minister as the representative of the Thai Government to engage in discussions with the United States regarding the Joint Statement through a conference meeting. During these discussions, Thailand formally confirmed the revised Joint Statement.

Subsequently, the United States publicly released the Joint Statement on the White House website during the 47th ASEAN Summit held in Kuala Lumpur, Malaysia, on 26 October 2025, which was attended by the President of the United States.

Consideration by the Ministry of Commerce

The Ministry of Commerce concluded that the revisions proposed by the United States constituted non-material adjustments to the Joint Statement. Such revisions were intended to enhance clarity and ensure consistency with prevailing factual circumstances and international practice and did not conflict with the principles previously approved by the Cabinet.

Key Takeaways

Thailand is expected to derive substantial benefits from the reduction of the reciprocal tariff from 36 percent to 19 percent, particularly in light of Thailand’s export value to the United States, which exceeds USD 56 billion.

The reciprocal tariff rate was fixed at 19 percent, a level broadly comparable to those applied to other ASEAN countries.

Author: Panisa Suwanmatajarn, Managing Partner.

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Date: 2-6 May 2026 (Onsite), Time Zone (GMT)(UK, Ireland, Lisbon Time)

Venue: Excel London, Royal Victoria Dock, 1 Western Gateway, London E16 1XL, UK

For more details, please visit: 2026 Annual Meeting – International Trademark Association

Schedule for a meeting

Remarks:

  • Please change timezone to be “UK, Ireland, Lisbon Time” before book a meeting.
  • For confirmation of our meeting, an invitation will be sent to your calendar.

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Institutional Cooperation Between the DIP and Thai FDA: A New Framework for Health Product Innovation

On 8 September 2025, the Department of Intellectual Property (“DIP”) and the Thai Food and Drug Administration (“Thai FDA”) entered into a Memorandum of Understanding (“MOU”) to enhance cooperation on patent capacity building and regulatory governance for health products. Recognizing patents as a fundamental legal mechanism for protecting innovations from unauthorized imitation, this initiative aims to strengthen Thailand’s health product industry, promote exports, and enhance global competitiveness.

Key Areas of Cooperation

Under the MOU, the two authorities will collaborate to integrate intellectual property protection with regulatory oversight across the product lifecycle:

  • DIP: The DIP will provide access to comprehensive, accurate, and up-to-date patent and intellectual property information to support innovation planning, research and development (“R&D”), and strategic decision-making.
  • Thai FDA: The Thai FDA will promote regulatory compliance and health product registration knowledge, particularly in relation to medicines and other regulated health products, and support coordination with patent-related processes where relevant.
  • Joint Initiatives: Both authorities will engage in technical and academic cooperation, including expedited registration of patents, petty patents, and trademarks relating to medicines and health products through the DIP’s Fast Track services.

Implementation Plan for 2026

To ensure practical and measurable outcomes, the MOU establishes concrete implementation measures for 2026, including:

  • The exchange of information relating to health product registration and patent applications to improve efficiency and policy coordination;
  • Joint training programs on patent information searches, covering both theoretical and practical aspects, to strengthen integrated operational capacity; and
  • The deployment of patent expiration and near-expiration alert systems to ensure that rights holders receive advance notification, enabling timely patent renewal and continued product protection.

The initial phase of implementation will focus on pharmaceutical products as a pilot area, with the scope potentially expanding to other health products regulated by the Thai FDA in subsequent phases.

Key Benefits for Businesses

The integration of data and workflows between the DIP and the Thai FDA is expected to generate tangible benefits for businesses operating in Thailand’s health product sector, including:

  • Faster and more efficient access to regulatory and intellectual property-related public services;
  • Improved alignment between patent strategies and regulatory approval pathways; and
  • Enhanced support for R&D, intellectual property protection, and commercialization of health products in both domestic and international markets.

Conclusion

The MOU between the DIP and the Thai FDA represents a significant advancement toward closer integration of intellectual property protection and regulatory governance for health products in Thailand. By strengthening institutional coordination, streamlining information exchange, and aligning patent management with regulatory processes, the framework establishes concrete implementation measures for 2026 While the initial phase provides a clear implementation roadmap, the cooperation plans for subsequent phases have not yet been announced. Accordingly, further developments and any expansion of the scope of cooperation will need to be closely monitored

Author: Panisa Suwanmatajarn, Managing Partner.

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Geographical Indications: Cabinet Approval of Draft Ministerial Regulation for Registration of Foreign Geographical Indications under International Agreements

The Thai Cabinet, during its meeting on November 11, 2025, approved the principle of the Draft Ministerial Regulation on the Application for Registration of Foreign Geographical Indications under International Agreements B.E. …., as proposed by the Ministry of Commerce. This decision marks a significant advancement in aligning Thailand’s geographical indications (GIs) framework with international obligations, particularly in the context of ongoing Free Trade Agreement (FTA) negotiations with the European Union. The draft has been forwarded to the Council of State for urgent review, incorporating the Council’s observations, to facilitate expeditious implementation.

Background and Rationale:

The draft regulation arises from Thailand’s FTA negotiations with the European Union, which emphasize the mutual protection of GIs through the exchange of lists between parties. Currently, Thailand lacks specific legal provisions to accommodate this exchange mechanism under international agreements. The Ministry of Commerce has deemed this regulation urgent to fulfill governmental policy objectives, with the next round of negotiations anticipated in the first quarter of 2026. The regulation establishes dedicated procedures for registering foreign GIs via list exchanges, while maintaining alignment with the Geographical Indications Protection Act B.E. 2546 (2003).

Key Provisions of the Draft Regulation:

The draft regulation outlines principles and procedures for registering foreign GIs under international agreements, applicable to ongoing negotiations and existing agreements seeking additional registrations. Upon finalization of GI lists between Thailand and a partner country, the partner must adhere to the procedures under the Geographical Indications Protection Act B.E. 2546 (2003), including application submission, examination, publication, opposition, counterstatement, registration, and appeal. However, the draft regulation introduces distinctions to streamline the process:

1.  Application Submission: Partner countries may submit applications in Thai or English using prescribed forms via electronic systems or email, as specified in Clauses 5 and 6 of the draft regulation. This contrasts with the current requirement for Thai-language forms submitted through traditional channels (e.g., in-person at the Department of Intellectual Property, provincial commerce offices, or e-Filing).

2.  Fee and Document Exemptions: Applications are exempt from registration fees and certain supporting documents, such as copies of identification cards, passports, corporate certificates, or powers of attorney, per Clause 7 of the draft regulation. For English-language submissions, Thai translations are required only for essential documents related to product details, geographical origin, and linkages, as per Clause 6 of the draft regulation.

3.  Opposition and Appeal Processes: Oppositions and counterstatements can be filed electronically or via email per Clause 9. Officials and the Registrar will follow the Act’s provisions for examination per Sections 11 and 12 of the Act , 90-day publication for oppositions per Section 15 of the Act, adjudication of oppositions and counterstatements per Section 18 of the Act, and appeals per Clause 11 of the draft regulation.

4.  Registration and Protection: Absent oppositions or upon final dismissal of any, the GI lists are incorporated into the agreement’s annex. Protection commences on the agreement’s entry-into-force date, with the Registrar effecting registration thereafter under Section 19 of the Act and Clause 10 of the draft regulation.

5.  Termination Provision: If negotiations cease, applications are automatically withdrawn under Clause 12 of the draft regulation.

These modifications aim to expedite registrations for partner countries while upholding procedural integrity.

Consultation and Impact Assessment:

The Department of Intellectual Property conducted public consultations from July 1 to 15, 2025, via the central legal system (www.law.go.th) and its website (www.ipthailand.go.th), in compliance with the Act on Criteria for Drafting Laws and Evaluating the Achievement of Laws B.E. 2562 (2019) and related regulations. Three responses were received, leading to a summary report and impact analysis, both published online.

An assessment under Sections 27 and 32 of the Fiscal Discipline Act B.E. 2561 (2018) estimates a revenue loss of approximately 98,000 baht from fee exemptions. However, Thai GIs seeking protection in partner countries will benefit reciprocally from similar waivers, enhancing trade opportunities.

Expected Benefits:

The draft regulation supports seamless FTA negotiations, boosts Thailand’s international competitiveness, and promotes local products by elevating Thai GIs’ global recognition. It benefits farmers, producers, and communities by fostering economic growth through enhanced market access and community identity preservation.

Key Takeaways:

•  Cabinet Approval: The Thai Cabinet has endorsed the draft regulation’s principle, advancing it to the Council of State for review to meet FTA timelines.

•  Streamlined Process: The regulation introduces fee exemptions, simplified documentation, and electronic submissions for foreign GI registrations under international agreements, differing from general procedures.

•  Alignment with Existing Law: Core processes like publication, opposition, and examination remain governed by the Geographical Indications Protection Act B.E. 2546 (2003).

•  Economic Impact: While incurring minor revenue loss, the measure reciprocally benefits Thai GIs abroad, promoting trade and competitiveness.

•  Next Steps: Implementation is targeted for early 2026, pending Council review and finalization, to support ongoing EU negotiations

Author: Panisa Suwanmatajarn, Managing Partner.

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U.S.-Thailand Reciprocal Trade Framework: A New Era for Intellectual Property Protection and Commercial Innovation

Introduction:

Announced on October 26, 2025, the U.S.-Thailand Framework for a Reciprocal Trade Agreement elevates intellectual property (IP) from a longstanding bilateral friction point to a cornerstone of mutual economic advancement. Building on the 1966 Treaty of Amity and Economic Relations and the 2002 Trade and Investment Framework Agreement, the framework introduces binding, actionable commitments that directly address U.S. industry concerns while creating predictable IP safeguards for Thai innovators. For the first time, IP enforcement is explicitly linked to market access, supply-chain security, and digital trade—transforming Thailand into a more attractive destination for knowledge-intensive U.S. investment and a credible platform for Thai IP-driven exports to the United States.

Core IP Commitments in the Framework:

Thailand has pledged to resolve long-standing IP issues through legislative, administrative, and enforcement reforms, including:

  • Aggressive enforcement against trademark counterfeiting and copyright piracy, with measurable reductions in market infiltration
  • Elimination of rogue collective management organizations (CMOs) that misappropriate royalties
  • Prohibition of circumvention of technological protection measures (TPMs) used in software, films, and digital content
  • Clearance of the patent examination backlog within defined timelines, with expedited tracks for high-tech and pharmaceutical filings
  • Robust protection for geographical indications (GIs), balanced with U.S. interests in generic terms
  • Enhanced border measures and ex officio authority for customs officials to seize infringing goods

These obligations are paired with U.S. reciprocal actions, including zero-tariff treatment for select Thai-origin goods under Executive Order 14346 Annex III—creating a direct incentive structure: stronger IP enforcement unlocks preferential U.S. market access.

Strategic Opportunities for U.S. IP-Intensive Industries in Thailand:

  1. Pharmaceuticals & Biotechnology
    • Opportunity: FDA prior-marketing authorizations now accepted and patent backlog clearance accelerates exclusivity periods.
    • Action: File Thai patents simultaneously with U.S. applications using Patent Prosecution Highway (PPH)-style fast-track. Launch biologics and gene therapies with full data exclusivity. Establish R&D centers in Thailand, Thailand Science Park, to leverage local talent and BOI tax incentives.
  2. Software & Digital Content
    • Opportunity: TPM anti-circumvention rules and rogue CMO reforms protect SaaS, gaming, and streaming revenue.
    • Action: License enterprise software directly to Thai conglomerates and deploy DRM-protected content on local OTT platforms. Use Thailand as a Southeast Asian content-dubbing and AI-training hub with assured IP control.
  3. Semiconductors & Hardware
    • Opportunity: Strengthened trade-secret and patent enforcement in the Eastern Economic Corridor (EEC).
    • Action: Shift mid-stage chip design and testing to Thailand without fear of reverse-engineering. Partner with local fabs under U.S. export-control alignment for trusted foundry status.
  4. Luxury Goods & Consumer Brands
    • Opportunity: Expanded customs seizures and online marketplace takedowns.
    • Action: Register trademarks with Thai Customs’ Automated Targeting System and enforce via new e-commerce liability rules. Open flagship stores in Bangkok, confident that parallel imports will be curtailed.
  5. Franchising & Licensing Models
    • Opportunity: Predictable royalty flows and reduced CMO leakage.
    • Action: Expand U.S. franchise networks (F&B, fitness and education) with standardized master-franchise agreements backed by enforceable IP clauses.

Pathways for Thai IP-Driven Enterprises into the U.S. Market:

The framework’s IP upgrades create reciprocal confidence for Thai innovators:

  • Thai MedTech & Health IP: AI diagnostics, herbal extracts with novel formulations, and telemedicine algorithms now enjoy stronger patent and trade-secret protection at home—making them attractive for U.S. licensing or FDA 510(k) pathways.
  • Creative Industries: Thai film, music, and game studios can stream globally under WTO electronic-duty moratoriums, with U.S. platforms obligated to respect Thai copyrights.
  • Geographical Indications: Jasmine rice, silk, and durian variants gain U.S. trademark-like protection, enabling premium branding in American specialty retail.
  • Startups & University Spin-offs: Thai universities (Chulalongkorn and Mahidol Universities) can file U.S. provisional patents with reduced fear of domestic leakage, then commercialize via Silicon Valley accelerators.

Implementation Roadmap & Risk Mitigation:

PhaseAction ItemLead Entity
Q4 2025Draft IP Enforcement Action Plan and launch backlog clearance task forceThai DIP + USTR
Q1 2026Amend Copyright Act (TPM provisions) and CMO regulationsThai Parliament
Q2 2026Operationalize PPH with USPTO and train 200 IP judgesThai IP Court + USPTO
OngoingAnnual IP Dialogue with KPI tracking (seizures, backlog, damages awarded)U.S.-Thailand TIFA Working Group

U.S. companies should:

  1. Register IP early via Madrid Protocol (trademarks) and PCT (patents) with Thai designations.
  2. Embed TPMs in all digital deliverables and audit licensees quarterly.
  3. Join the U.S.-Thailand IP Enforcement Task Force to shape customs watchlists.

Conclusion:

By tying IP reform to tariff preferences and digital trade rules, the U.S.-Thailand Framework converts a decades-old pain point into a competitive advantage. American innovators gain enforceable rights in a high-growth ASEAN hub; Thai creators secure credible protection to scale globally. The result is a virtuous cycle; stronger IP drives higher-value investment, which in turn funds further enforcement—positioning both nations as leaders in the knowledge economy.

Author: Panisa Suwanmatajarn, Managing Partner.

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