Thailand is both popular and infamous among the international community – stunning sandy beaches, extraordinarily low costs compared to Western nations incredible climate, friendly locals and a scrumptious native cuisine are what the Thailand Authority for Tourism wants to be known for. Nonetheless, there is as much that is infamous about Thailand, as there is that is famous and the counterfeit trade is maybe the most widespread and nicely-identified of these. The government is arranging to introduce Thai laws to combat the counterfeiting trade from the ground up. Law firms in Thailand count on to see lots of challenges to the law as for the very first time, end purchasers of counterfeit goods, as properly as the legal owners of properties where counterfeits are sold, could face prosecution, fines, community service and even jail time.
The problem is so effectively-identified and widespread that a Thai corporate legal service has even opened a Museum of Counterfeit Goods, with evidence that is no longer required following the Thailand lawyers’ court instances. It has grown from just over one hundred things at opening, to more than 1500 things in 20 categories. The museum, and growing international governmental stress, has drawn such interest to the difficulty that now the Thai government wants to attempt a new, radical method to tackling the predicament. The Copyright Act at the moment only offers penalties for these caught manufacturing, distributing, obtaining for distribution, providing for sale and importing counterfeit goods. Now purchasers and possessors may be eligible for penalties, according to Thailand legal services. The laws would clearly also extend to foreigners going to Thailand, and are aimed at helping curb the counterfeit flow from the other side of the equation – the demand side.
Buyers and possessors of counterfeit goods may possibly have a fine of 1,000 baht imposed upon them, or be ordered to do public interest or community service function. Even so, the penalties for lessors of properties where counterfeit goods are sold is potentially a lot far more extreme. If a lessor knowingly rents a premise for the sale of illegal goods, or need to reasonably have recognized that such goods have been sold there, they may be liable for hefty fines and jail terms. Thailand legal services say that fines may range from 50,000 baht to 400,000 baht, or in between three months and two years in jail. If the crime is a more serious Trademark Thai law infringement, imprisonment will be for a minimum of two and maximum of 4 years for forgery, and amongst six months and two years/fine of 50,000 to 200,000 baht for imitation.
The government is pushing to have Thailand removed from the Priority watch list for intellectual house violations in the US, and an arrest was lately made to additional this case. Thailand lawyers have had Somchai Arunnamchoke, 44, released on bail after he was arrested for possession with intent to sell counterfeit goods. The man was discovered in possession of just more than ten,000 counterfeit brand name watches, ranging from Tag Heuer to Rolex, Panerai and Patek Phillipe. The fake luxury watches are generally imported from China to Thailand, and this specific batch of more than 10,000 was worth a lot more than 15 million baht.
Nonetheless harsh Thailand’s penalties seem, those overseas are even worse, Thailand law firms are warning. The maximum penalty in France for not only making and distributing fake goods, but purchasing them, is 300,000 Euro – millions of times the Thai penalty for purchasers. In France, up to 3 years jail is a achievable penalty also.