Customs recordation has always been an important border protection measure that Intellectual Property (IP) owners can employ for enforcement purposes in Thailand. In the past IP owners would file customs recordation directly with the Royal Thai Customs Department (Customs), by recording their trademark information as well as the names of their authorised importers for Customs Officers’ reference when they encounter suspected counterfeit goods.

In 2015, the Department of Intellectual Property (DIP) took over the administration of customs recordation. Under the new procedure, contact information of both the IP owners and their agents are required.  Upon filing, , a formality check of documents and evidence would be conducted before relaying the same to Customs for subsequent recordation, which is then accessible to all Customs outposts throughout Thailand.

By an official announcement in 2022, administration of customs recordation reverts to Customs instead of the DIP.

Consequently, Customs issued the Customs Declaration No. 106/2022 on Exportation, Importation, and Transit Control of Products that Infringe Trademarks and Copyright dated 27^th July 2022 (CD 106/2022) mandating that:

1. once trademark and copyright owners file customs recordation, Customs will record and refer to the said information when they encounter suspicious counterfeits before taking any necessary actions; and
2. trademark and copyright owners may submit an ‘Inspection Request’ to Customs Officers (prior to the goods being released) should they have a reason to believe that any of the export, import, or transit products are infringing goods.

Trademark and copyright owners who had previously filed customs recordation with the DIP prior to 2022 should re-file customs recordation with Customs to ensure continued border enforcement protection under the new regulation. For more information, please contact us at thailand@mirandah.com