The Department of Special Investigation (DSI) in Thailand has modified the requirements for taking cases under their jurisdiction, which considerably helps IP owners who seek to file a lawsuit before the DSI.
The Notification of the Board of Special Cases (No. 8) B.E. 2565 (2022), issued on June 9 and taking effect the following day, reduced the minimum threshold for the market value of IP-infringing products from THB 10 million (about USD 242,400) to THB 5 million (approx. USD 121,200).
Jurisdiction of DSI
The Special Case Investigation Act B.E. 2547 (2004) (as modified) and related rules provide the DSI’s authority over “special cases,” granting DSI officers the power to manage specific trademark, copyright, and patent infringement investigations (among others). The alleged offender must be engaged in, or be suspected of engaging in, the production or acquisition of the issue goods, or in pertinent distribution centers, warehouses, or importing firms for the DSI to become involved.
Another requirement for the DSI having jurisdiction is that the total market value of the goods that were either used in the offense, obtained as a result of the act or whose possession is an offense must exceed the minimum amount set forth in rules. This minimum market value is now THB 5 million instead of THB 10 million. Additionally, the amount of damages that may be expected to result from an offense has been reduced from THB 10 million to THB 5 million.
The New Criteria’s Effect on IP Owners
The DSI has a lot of experience with complicated IP infringement cases, and over the past few years, they have been particularly active in combating online infringement. More IP owners will be able to take advantage of DSI support in taking legal action against infringers in Thailand as a result of the reduction in the threshold for filing a lawsuit from THB 10 million to THB 5 million.
You can find a list of Thailand IP firms here.