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Thailand’s New Customs Recordation Procedures for Trademark and Copyright – Inspection Request on a case-by-case basis

In this last instalment on Thailand’s new customs recordation procedures, please note that addition to the general customs recordation, an Inspection Request may also be filed on a case-by-case basis should the trademark and copyright owners (“IP owners”) suspect any importing, exporting, or transiting goods to be infringing their IP rights. Upon verification of the Inspection Request together with its supporting documents, IP owners will be given an opportunity to inspect the goods within 24 hours.

Once the inspection process is complete, Customs Officers will inform the IP owners to file a ‘Confirmation of Rights Letter’ and ‘Request to Prosecute’ within 3 days.

Importers, exporters, or transit agents may file an opposition to prove that the goods are not infringing against any IP owners’ rights within 3 days from the date that they receive a Customs Notification.

IP owners failing to meet any prescribed deadlines may result in the goods being checked and released as per the regular process of The Royal Thai Customs Department.

Last but not least, IP owners should note that they are responsible for all damages that may arise from the honest actions of Customs Officers during the inspection process of the goods. This rule applies to both the general customs recordation and the Inspection Request on a case-by-case basis.

For more information, please contact us at thailand@mirandah.com