In more detail

The TCIRs system is a platform that allows trademark and/or copyright owners to record their rights with the Customs Department. In the initial stage, the TCIRs system was used in a pilot project that was only live in certain ports in Thailand. The Customs officials at the ports needed to check the rights and proprietors' information via the Department of Intellectual Property's database or contact the local representatives' personnel whom they used to work with when they suspected and seized suspicious goods being imported/exported/transited. However, the information was not necessarily up-to-date and sometimes caused confusion.

Recently, from the Customs Department's attempts to promote and enhance the efficiency of enforcement against counterfeits and piracy, in which the border control measure is one of the most effective enforcement tools used to combat counterfeits, the Customs Department has made a concerted effort to implement the TCIRs system in all ports in Thailand. It is now possible for Customs officials at the ports to check the recorded rights and the proprietors/their local representatives' contact details through the TCIRs system.

Other than this, the system also offers, if uploaded/input by the proprietors, necessary information and samples of genuine goods, such as images of goods as well as information on how to differentiate between genuine and counterfeit goods, e.g., representation of their registered trademark or copyright work that has certain distinct details which are difficult to imitate, reproduce or adapt; the quality of the genuine goods is high due to quality control while the quality of counterfeit goods is low, etc. This helps Customs officials examine the authenticity of the products in question. The TCIRs system is a closed system that can only be accessed by authorized Customs officials, which is a measure taken to prevent leakage of the aforementioned information.

In practice, the TCIRs system works well enough for us to assist trademark and copyright owners with recording their rights and the information of their goods with the Customs Department. The Customs Department recently revealed that the officials at the ports have been utilizing the information recorded in the system to positive effect. It is convenient for them to check all relevant information through such system to inspect suspicious goods and contact the local representatives to verify the goods.

This development in enforcement tools in Thailand facilitates the officials at the ports in Thailand and enhances the effectiveness of the interception process against counterfeit and pirated goods before entering the country. This could also work as a deterrent to infringers, which may force them to reconsider importing-exporting counterfeit and pirated goods in the future, as well as reduce the burden on proprietors to take enforcement action against each infringer after the counterfeit/pirated goods enter the country.

All proprietors are strongly recommended to re-record their rights through Customs recordation as soon as possible as they will be proactively relied on by the officials to help contain the illegal import, export, and transit of goods, which seems to be the main conduit of counterfeit/pirated goods in Thailand. The surveillance and seizure process after recordation would be the most powerful and inexpensive mechanisms for enforcing trademark and copyright rights to intercept infringing goods at the borders.

For more information, please feel free to direct your inquiries to us.