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Thai Law Consulting Firms See Big Implications for the Little Guy in Piracy Laws
Thailand is both famous and infamous among the international community - beautiful sandy beaches, extraordinarily low prices compared to Western countries; amazing weather, friendly locals and a delicious native cuisine are what the Thailand Authority for Tourism wants to be known for. However, there is as much that is infamous about Thailand, as there is that is famous and the counterfeit trade is perhaps the most widespread and well-known of these. The government is planning to introduce Thai laws to combat the counterfeiting trade from the ground up. Law firms in Thailand expect to see plenty of challenges to the law as for the first time, end buyers of counterfeit goods, as well as the legal owners of properties where counterfeits are sold, could face prosecution, fines, community service and even jail time.
The problem is so well-known 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 cases. It has grown from just over 100 items at opening, to over 1500 items in 20 categories. The museum, and growing international governmental pressure, has drawn such attention to the problem that now the Thai government wants to try a new, radical approach to tackling the situation. The Copyright Act currently only provides penalties for those caught manufacturing, distributing, obtaining for distribution, offering for sale and importing counterfeit goods. Now buyers and possessors may be eligible for penalties, according to Thailand legal services. The laws would obviously also extend to foreigners visiting 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 have a fine of 1,000 baht imposed upon them, or be ordered to do public interest or community service work. However, the penalties for lessors of properties where counterfeit goods are sold is potentially much more severe. If a lessor knowingly rents a premise for the sale of illegal goods, or should reasonably have known that such goods were 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 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 four years for forgery, and between 6 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 property violations in the US, and an arrest was recently made to further 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 found in possession of just over 10,000 counterfeit brand name watches, ranging from Tag Heuer to Rolex, Panerai and Patek Phillipe. The fake luxury watches are usually imported from China to Thailand, and this particular batch of over 10,000 was worth more than 15 million baht.
However harsh Thailand's penalties seem, those overseas are even worse, Thailand law firms are warning. The maximum penalty in France for not only producing and distributing fake goods, but buying them, is 300,000 Euro - millions of times the Thai penalty for purchasers. In France, up to three years jail is a possible penalty also.
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