The most common form of TM infringement in Southeast Asia is selling counterfeit products via websites, online marketplaces & social media. The user policy of these sites make it possible for the sellers to maintain total anonymity, rendering TM protection in Southeast Asia virtually impossible.
The first challenge facing TM owners is deanonymization of counterfeiters. It requires them to conduct a thorough investigation & make selective purchases of the counterfeit products. The latter option makes it possible to obtain detailed information about the sellers by getting access to their bank accounts & addresses.
How to Protect TM Rights in Southeast Asia?
When it comes to insignificant violations, preparing a letter of complaint is the most inexpensive way of combating infringement of TM rights. By filing a complaint, TM owners can reach an amicable agreement & effectively protect IPR in Southeast Asia.
TM owners can also take advantage of the protection offered by platforms like Lazada, Shopee or Facebook. However, this method isn’t very effective because it can only make infringers temporarily halt their illegal activities.
The third option is initiation of criminal proceedings & seizing counterfeit products. TM owners can also file a civil action.
TM Protection in Cambodia
The Constitution of Cambodia prohibits importation, production & sale of counterfeit products. Individuals found guilty of engaging in such illegal activities are subject to severe punishment.
The main piece of legislation dealing with counterfeit sales in Cambodia is the TM Law. It’s applicable to selling counterfeit products online & offline. Pursuant to the law, selling counterfeit products entails a fine of up to twenty million kroons (or five thousand US dollars)
TM Protection in Indonesia
Indonesia doesn’t have any specific piece of legislation combating the sale of counterfeit goods via online platforms. TM owners may prevent online sale of counterfeit goods by submitting a cancellation request to e-commerce or other online platforms, sending a termination letter to the sellers or filing a civil action.
TM Protection in Laos
The country’s constitution contains no provisions regarding IP & its protection; however, Laos is taking steps towards better enforcement of IP rights, both online and offline. Being aware of the importance of IP protection in Laos, the country’s government has enacted several laws, of which the most important one is the IP Act.
TM Protection in Thailand
The selling of counterfeit goods online & offline is regulated by the TM Act & Penal Code. Pursuant to the TM Act, selling counterfeit products in Thailand is punishable by a prison term of up to four years or a fine of up top thirteen thousand dollars. TM owners can file termination letters, submit requests for seizure of counterfeit products or file a civil action. They can also request injunctions to block websites containing material infringing their IP rights; another option they have is to request that social media or market operators remove illegal content.
Practical Tips
- cooperate with law enforcement agencies;
- use unconventional strategies;
- collaborate with the media;
- gain an indepth knowledge of a specific jurisdiction;
- gain an indepth knowledge of ecommerce platforms in a specific country.
Interested in protecting TM rights Southeast Asia? Considering resolving an IP dispute in Thailand, Laos or Cambodia? Please consider contacting IQ Decision UK.
