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ARTICLE · 18 JULY 2001

A Case Note Contribution For April 1, 2001.

Tilleke & Gibbins
Tilleke & Gibbins
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Tilleke & Gibbins

Tilleke & Gibbins

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ThailandIntellectual Property
Sukontip Jitmongkolthong
Sukontip Jitmongkolthong
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Double Punishment

Thailand – Supreme Court Case No. 8877/2542 (A.D. 1999)

Section 113 of the Thailand Trademark Act 1991 ("the Act") states, "Whoever has committed an offense for which he was punished under this Act and commits the same or another offense under this Act within a period of five years after completion of the previous punishment shall be liable to double punishment."

On June 15, 1999, the plaintiff filed a complaint with the Central Intellectual Property and International Trade Court (IP&IT Court) against the defendant on behalf of five world-famous watch companies for sale and possession of wristwatches bearing forgeries of their registered trademarks. This followed the arrest of the defendant two months earlier (on April 7, 1999) by police authorities when 111 wristwatches bearing counterfeit trademarks of the five foreign watch companies in the defendant's possession were also seized.

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