On 4 January 2022, The Cabinet has approved the Draft of Notification of Commerce Ministry Re: prescribes infringed trademark and copyright products as prohibited products to be exported, imported and prohibited to be brought through the Kingdom.
The new draft aims to update the law for practical usage to the current situation, facts, and relevant international laws and obligations, i.e., Agreements on Trade- Related Aspects of Intellectual Property Rights (TRIPS); and Regional Comprehensive Economic Partnership (RCEP). The draft also aims to uplift protection level of controlling on pirated protection policy at cross-border efficiently.
The essential terms are as follows:
- To restrict infringing products as “Pirated products” that prohibited to be exported, imported and brought through the Kingdom, except in the case of carry-on items that are not unreasonably large and without commercial nature.
- To assign the trademark owner or copyright owner to be able to report trademark or copyright information to a customs officer in accordance with the rules, procedures and conditions prescribed by the Customs Department, for the purpose of inspecting products with suspected trademark infringement or copyright infringement.
Moreover, the announcement of the Ministry of Commerce will come into force after 90 days from the date of its publication in the Government Gazette.
The cabinet will pass on committee to review the draft law for consideration and announce in the Government Gazette to be enacted when the draft has been passed by the public hearing session already.