(From Bangkok Post)
Byline: TILLEKE & GIBBINS
An aggrieved party can take action against a trademark infringer in Thailand by filing both criminal and civil actions. Since criminal actions involve state offences that cannot be compounded, an aggrieved party cannot dismiss the criminal action by withdrawing the complaint or negotiate a settlement, as is the case (currently) with copyright infringement. (The Criminal Procedure Code of Thailand Sections 35, Paragraph 2, and 39 .) In addition, a settlement agreement to not prosecute an infringer who committed a state offence is contrary to public order or good morals.
On the other hand, an aggrieved party of a copyright infringement action can receive one-half of the total fine that the defendant was ordered to pay in the criminal action. In sum, an aggrieved party can recover damages from trademark infringement only by filing a civil action with the Intellectual Property & International Trade …