Thailand changed its system for customs recordation and various other customs procedures when its Customs Notification No. 106/2565 on the Export, Import, and Transit of Trademark- and Copyright-Infringing Goods came into effect on July 29, 2022. The revamped system updates the process by which entrepreneurs and brand owners can work with the Customs Department to protect their intellectual property rights (IPRs) from cross-border trade in counterfeit and pirated goods.
To support these changes, the Customs Department launched a new platform called the Thai Customs IPR Recordation System (TCIRs) in September 2022. Trademark or copyright owners (or their representatives) can file new customs recordation applications, make changes to information, and renew customs recordation applications via this platform. The filed information will be kept confidential in Thai Customs’ database and will be used as evidence in cases of seizure of counterfeit or pirated goods.
The new platform allows submission of information on genuine goods and inspection methods in the form of images and PDF files, which will enhance the effectiveness of the goods verification process of the Customs Department.
Customs Recordation through TCIRs
Trademark or copyright owners (or their representatives) may file an application specifying information that customs officers can use to verify the authenticity of the goods being exported, imported, or transited through Thailand. The application can be filed with the Enforcement Division of the Customs Department.
The information in the application will be kept for three years from the date of receipt (or for the remaining period of trademark or copyright protection, if less than three years). Renewals can be filed no later than 30 days before the expiry date.
Any changes in information must be made with the Enforcement Division.
Key Takeaways
As the legislation has changed to mandate that customs recordation applications go directly to the Customs Department, any information previously recorded with the DIP is now considered to be invalid.
Now that the new TCIRs platform is ready and available for use, trademark and copyright owners can benefit by filing for customs recordation under this new system in order to ensure effective border control against infringing goods.
For further information, please contact:
Sarisa Teekatrakul, Tilleke & Gibbins
sarisa.t@tilleke.com
