Thailand's 2025 Special 301 Report on Intellectual Property Protection and Enforcement Released

The United States Trade Representative (USTR) has published its 2025 Special 301 Report, which assesses the adequacy and effectiveness of intellectual property rights (IPR) protection and enforcement among U.S. trading partners. This comprehensive annual evaluation covers more than 100 countries, examining various aspects including patent and copyright protections, trademark enforcement, anti-piracy measures, and counterfeit goods prevention.

Thailand maintains its position on the USTR’s Watch List (WL) in the 2025 report. Nevertheless, the USTR acknowledges Thailand’s sustained and systematic efforts to strengthen its IPR protection and enforcement framework. Several significant developments have been recognized:

1. Proposed Amendments to the Patent Act (December 2024): These amendments aim to modernize and streamline patent registration processes, address patent backlogs, reduce processing time and costs, and align Thailand’s intellectual property framework with international standards, particularly the Hague Agreement Concerning the International Registration of Industrial Designs.
2. Draft Copyright Act (April 2024): This proposed legislation facilitates Thailand’s accession to the WIPO Performance and Phonograms Treaty (WPPT) and aligns Thailand’s copyright law with international standards. The draft places particular emphasis on strengthening the rights of performers and phonogram producers in the digital environment.
3. Enhanced Offline IP Enforcement: The Department of Intellectual Property (DIP), in collaboration with Thai police and customs authorities, has demonstrated significant improvement in seizing counterfeit and pirated goods. Strategic enforcement actions—including warehouse raids and lease terminations for tenants facing IP violation charges at major retail centers such as MBK Center—reflect Thailand’s commitment to combating infringement.

Despite these advancements, the USTR highlights ongoing concerns regarding online IP enforcement. Thailand is encouraged to reform its regulatory and enforcement framework to address digital piracy more effectively. The report notes that criminal proceedings against online infringers remain protracted, and when convictions are secured, penalties are often insufficiently stringent to serve as effective deterrents. Recommended improvements include streamlining enforcement procedures and strengthening penalties to correspond with the severity and scale of online violations.

Thailand’s continued placement on the USTR’s Watch List indicates both the progress made and the challenges that remain in strengthening its IP regime. While recent legislative reforms and offline enforcement initiatives demonstrate meaningful advancement, more robust measures, particularly in the digital domain, are essential. Implementing reforms that enable prompt and deterrent enforcement against online piracy will not only help meet USTR expectations but also promote innovation, creativity, and international confidence in Thailand’s intellectual property system.