Thailand pushes new action plan to get off US intellectual property watch list
Following latest US report on piracy and patent delays, government has launched new roadmap to meet international trade standards.
- Thailand's Cabinet has approved a new "IP Work Plan," developed with the US, to guide actions aimed at removing the country from the US Trade Representative's (USTR) intellectual property Watch List.
- The plan addresses US concerns about widespread online copyright and trademark infringement, and enforcement that focuses on small retailers rather than large-scale manufacturers and distributors.
- Key recommended actions include amending the Copyright Act, joining the WIPO Performances and Phonograms Treaty (WPPT), improving enforcement against major infringers, and addressing the patent application backlog.
- A national "Intellectual Property Development Plan 2026 - 2027" has also been approved to provide concrete actions for relevant agencies, with the Ministry of Commerce monitoring implementation.
Sources from the Government House revealed that the Cabinet has acknowledged the concerns and recommendations of the United States Trade Representative (USTR).
This follows a report by the Ministry of Commerce regarding the status of Thailand’s intellectual property protection under the US Trade Act, Section 301 (Special 301), for the year 2025.
It was found that Thailand remains on the Watch List (WL).
The USTR expressed concerns and provided recommendations regarding intellectual property (IP) infringement in Thailand, noting that trademark and copyright-infringing goods are still widely found, particularly through online channels.
Despite enforcement actions at warehouses and distribution centres, rights holders are concerned that law enforcement agencies focus primarily on small-scale retailers rather than large-scale manufacturers and distributors.
Consequently, there is a call for Thailand to improve its enforcement measures to be more effective and deterrent, including increasing criminal prosecutions against upstream manufacturers of infringing goods.
While some rights holders reported positive results from the notification measures, implemented under the Memorandum of Understanding (MOU) on the Protection of Intellectual Property on the Internet established by Thailand in 2021, others believe that the removal of infringing products from online platforms has had little practical impact compared to the continuously rising volume of online copyright and trademark infringement.
Meanwhile, current prevention and suppression efforts remain insufficient for online piracy involving devices and applications used to download copyrighted content without authorisation.
Criminal proceedings against online copyright infringers are lengthy, and even when convictions are secured, the penalties are often insufficient to deter future offences.
Furthermore, the use of unlicensed software in the private sector remains a problem, civil IP litigation is time-consuming, and the damages awarded to rights holders are considered too low.
Regarding IP protection, the US encourages Thailand to expedite the amendment of the Copyright Act and to join the WIPO Performances and Phonograms Treaty (WPPT) as soon as possible.
Additionally, the US recommends further amendments to the Copyright Act to address concerns such as obstacles in arresting individuals for illicit camcording in cinemas, the unauthorised claiming of royalty collection rights, and overly broad exceptions to provisions prohibiting the circumvention of Technological Protection Measures (TPMs).
The US also emphasised that Thailand should address the patent application backlog, particularly in the pharmaceutical sector.
Regarding Geographical Indications (GI), while Thailand is in the process of amending the Geographical Indications Protection Act 2003, the US urged Thailand to ensure GI protection is transparent and follows due process, emphasising that GI protection must not infringe upon the rights of stakeholders to use common names.
Furthermore, the US encourages Thailand to establish an effective system to prevent the unfair commercial use and unauthorised disclosure of pharmaceutical and agricultural chemical test data submitted for registration.
Additionally, the US expressed concern regarding the Motion Pictures and Video Act 2008, which allows for the setting of ratios between Thai and foreign films screened in cinemas.
Therefore, the US supports Thailand in accelerating the enactment of the new Film Act, as published in September 2024, which removes the aforementioned screen quota provisions.
However, the Ministry of Commerce clarified that although the USTR maintained Thailand’s status on the Watch List this year, both parties now have an IP Work Plan.
This document serves as a key guideline for Thailand’s actions to seek removal from the list.
The Cabinet passed a resolution on May 27, 2025, approving the IP Work Plan and assigning relevant agencies to acknowledge and proceed accordingly.
In addition, the National Intellectual Property Policy Committee has approved the Intellectual Property Development Plan 2026 - 2027, which details concrete actions for relevant agencies.
The Department of Intellectual Property, Ministry of Commerce, has already circulated this development plan to the relevant agencies to drive tangible results.
Consequently, the Ministry of Commerce, through the Department of Intellectual Property, informed the Cabinet that it will monitor and compile progress reports from relevant agencies according to the development plan to ensure the successful implementation of the IP Work Plan.
