BANGKOK, THAILAND – The United States Trade Representative kept Thailand on its Special 301 Watch List for 2025, pressing for broad improvements in the protection and enforcement of intellectual property rights.
U.S. report criticises enforcement and online piracy
According to sources in the Government House, the cabinet officially acknowledged the concerns and recommendations raised by the USTR. The move followed a report under Section 301 of the U.S. Trade Act on the state of intellectual property protection for 2025, which confirmed Thailand’s continued Watch List status.
The USTR noted that large volumes of trademark- and copyright‑infringing goods remained on the market, particularly via online channels. Rights holders were reported as being concerned that law‑enforcement agencies focused mainly on small retailers, while major manufacturers and distributors were far less frequently targeted.
Calls for tougher action and legal changes
The United States urged Thailand to tighten and make more effective the prosecution of producers of counterfeit goods so that measures would have a genuine deterrent effect. Some rights holders reported successes with notification procedures introduced in 2021 under a memorandum of understanding on online IP protection, but others saw only limited impact in light of rising online infringements.
From the U.S. perspective, existing preventive and repressive measures against online piracy via devices and apps for the unauthorised downloading of copyrighted content were not sufficient. Criminal proceedings against online copyright offenders were said to drag on, and even when convictions were secured, penalties were viewed by the USTR as too low to effectively prevent repeat offences.
Unlicensed software, patent backlog and GI rules
The continued use of unlicensed software in the private sector remained a problem, while civil IP proceedings were considered time‑consuming and awarded damages were regarded by rights holders as too low. The United States also called on Thailand to reduce its backlog of patent applications, particularly in the pharmaceutical sector.
Washington further urged that amendments to the Geographical Indications Protection Act 2003 ensure transparent protection of geographical indications without unduly restricting the use of generic terms. In the view of the United States, this legal framework should balance protection for specific regional products with fair market access for commonly used names.
Pressure on copyright and film legislation
On copyright, the USTR encouraged Bangkok to accelerate the amendment of the Copyright Act and to swiftly ratify the WIPO Performances and Phonograms Treaty (WPPT). In addition, the United States recommended further adjustments to remove obstacles to arrests for illegal camcording in cinemas, prevent unjustified claims for remuneration, and narrow broad exceptions to bans on circumventing technological protection measures.
The United States also called for an effective system to prevent unfair commercial use and unauthorised disclosure of test and trial data submitted for regulatory approval in the pharmaceutical and agrochemical sectors. At the same time, it voiced concern about the Motion Pictures and Video Act 2008, which allowed quotas between Thai and foreign films, and supported rapid implementation of the new Film Act published in September 2024, which would abolish such quotas.
Government banks on IP Work Plan and development roadmap
The Ministry of Commerce stressed that, despite remaining on the Watch List, a joint IP Work Plan with the United States was now in place as the central guideline for measures aimed at removal from the list. The cabinet approved this Work Plan on 27 May 2025 and instructed the competent agencies to act accordingly.
The National Committee on Intellectual Property Policy also adopted the Intellectual Property Development Plan 2026–2027, setting out concrete steps for the authorities involved. The Department of Intellectual Property at the Ministry of Commerce forwarded the plan to relevant agencies and assured the cabinet it would systematically track and report progress in implementing the IP Work Plan.
Economic risks from counterfeits and booming e‑commerce
The source text underlined that counterfeits and pirated copies, while seemingly a marginal issue, in fact influenced whether international companies chose to invest or stay away. Where intellectual property was not protected, the broader economy suffered in the long term.
Online commerce was described as particularly critical, as authorities mainly moved against small sellers while large networks appeared harder to reach. The text concluded that it would become clear in this area whether the new action plans amounted to more than political symbolism.