Since its establishment in October 2002, the DSI has been crucial in combating IP infringements in Thailand. Deriving its authority from the Special Case Investigation Act B.E. 2547 (2004) (as amended), the DSI can investigate certain IP-related infringement cases, i.e. copyright, patent, and trademark. There are two main requirements for IP-related infringement cases to fall under the DSI’s jurisdiction:
1. The infringer(s) is involved in the manufacture, sale and distribution, purchase, storage, or importation of IP-infringed products; and
2. The market value or damages of the IP-infringed products must reach the minimum threshold as specified in the regulations issued under the Special Case Investigation Act B.E. 2547 (2004) (as amended).
On 9th June 2022, Thailand’s Board of Special Cases issued the Notification of the Board of Special Cases (No. 8) B.E. 2565 (2022) which adjusted the minimum threshold of the market value or damages of IP infringed products from THB 10 million to THB 5 million. Given the experience and reputation of the DSI in combating IP infringement cases in the past, the decision to lower the minimum threshold will improve accessibility of redress and recourse to more IP owners, thereby attract more IP investments into Thailand.