Criminal trademark enforcement: A case study of spurious trademark or fraudulent imitation

Abstract

This thesis aims to study problems concerning the protection of trademarks and the criminal enforcement of trademark infringements in the case of counterfeiting and imitation; however, it will not cover the area of civil rights and liabilities. The thesis will examine related International Agreements, foreign laws and Thai laws through a comparative study in order to suggest an appropriate solution to the Thai protection of trademarks and the criminal enforcement of trademark infringements. The study finds that the criminal liabilities concerning trademark infringements in Thailand are governed by both the Penal Code and the Trademarks Act B.E. 2534 (1991). However, the two laws stipulate trademark protections and criminal punishments from trademark infringement differently. Moreover, the offence of trademark infringements is classified as a public offence that is non-compoundable, which is not in accordance with the spirit of the law intending to protect owners of infringed marks and able to cause Over Criminalization that can affect the justice system.