Because traditional intellectual property enforcement measures sometimes struggle to cope with the rapid development of Internet resources in the digital age, As a result, Thailand has been cracking down on online intellectual property violations.

2017 years, Country pair "Computer crime act" (CCA) Have been revised, Giving intellectual property owners the option to block websites that publish content that violates intellectual property rights. CCA The first 20 article (3) Paragraph provides specific provisions for this.

Since the above provisions came into force, Intellectual Property Office of Thailand (DIP) Received in total 90 Multiple cases, Come from 50 multisite 1400 Links to several websites have been blocked. but, Most of the cases are related to copyright infringement, Particularly in relation to copyright infringement in relation to the film and music industries. before, No trademark owners have yet taken action against online trademark infringements under the amended law.

until 2020 years, Thailand is the first country to use the law to take action against online trademark infringement, A Japanese manufacturer of imaging and optical products CCA The first 20 article (3) The blocking measures in the article have successfully cracked down on online trademark infringement in Thailand.

Case background introduction

The Japanese companies have received customer complaints, The content was a website selling dashcams bearing the company's logo. In order to be able to close the infringing page immediately, The Japanese company appealed to the operator of the infringing website, The registrar and seller sent cease and desist letters, To no avail.

This was despite repeated attempts by the company to contact the parties concerned, But the offending pages have not been shut down. simultaneously, Other infringing websites have followed "surface" . In view of this, Traditional law enforcement measures that have long been accepted are not effective in cracking down on the sale of infringing goods. The Japanese company's legal team decided to adopt CCA Website blocking measures in.

These measures are reasonable in theory, But it has not been used for trademark infringement, This is because trademark owners have not tried to use this legal measure against trademark infringement before. Get a blocking order because DIP Such a strategy to combat trademark infringement has never been encountered before, Some officials are concerned, Therefore, it is of vital significance to discuss this measure.

Through and DIP Many consultations with officials, Finally, the Japanese companies mentioned above 2020 years 1 Late month directly to DIP A trademark infringement complaint was filed. It's the first direct route ever DIP A complaint filed for trademark infringement. DIP Director's statement, According to "Trademark law B. E. 2534" (1991) Stipulation of, The unauthorized sale of dashcams bearing the Japanese manufacturer's trademark constitutes infringement.

subsequently, DIP The case was referred to Thailand's Ministry of Digital Economy and Society (MDES) To take further action. After the case is approved, MDES The official filed a complaint with the court, Request blocking of infringing websites. After obtaining approval from the court, MDES Officials then sent a formal notice to Internet service providers, Ask them to block links to specific websites.

Soon after, Isps have complied fully with the court order. Conclusion The case was proved successfully CCA It is feasible and effective to combat online trademark infringement in Thailand. The measure is important not just for copyright and trademark owners, It is also crucial for other intellectual property owners.

At present, Owners of other types of intellectual property can also consider this effective way to combat online infringement of their goods or services.

(Compiled from www. tilleke. com)

Reprinted from China Intellectual Property Network   translation: Li Yanqiu　proofread: Liu Peng

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