Legal framework and jurisdictional basis for IP Infringement
A IP Infringement is a intellectual property and international trade matter governed by Trademark / Copyright / Patent Acts + Establishment of Central IPIT Court Act B.E. 2539 (1996). Primary venue is the ศาลทรัพย์สินทางปัญญาและการค้าระหว่างประเทศ. Filing in the wrong court results in dismissal and the loss of all paid filing fees (which are non-refundable), so we verify jurisdiction before every filing.
Territorial jurisdiction tests (CPC §4): (1) defendant's domicile, (2) place where the cause of action arose or the contract was executed, (3) location of property for real-estate matters. Where the plaintiff has a choice of venue, we analyse case-law trends, docket speed and panel expertise before recommending the most strategic court.
Statute of limitations for IP Infringement: 1 year (tort) / 5 years (estate) / 10 years (contract) / 15 years (hire-purchase) under CCC §§ 193/30–193/35. Filing after limitation extinguishes the right of action — we always confirm limitation before accepting the brief and decline matters that are time-barred rather than waste your filing fee.
What a IP Infringement case is and who can file it
Typical use-cases: เครื่องหมายการค้า · ลิขสิทธิ์ · สิทธิบัตร. Each scenario has different evidentiary requirements; pre-filing consultation is essential to choose the right strategy.
Standing belongs to the directly injured party, or to a duly appointed attorney-in-fact under a notarised Power of Attorney. Corporate plaintiffs must attach a company affidavit issued within the last 30 days and signed by authorised directors.
Representative actions — guardians for minors, custodians for incapacitated persons — require the underlying court appointment order. Our in-house Notary Public team of six can prepare and attest the Power of Attorney and exhibits in the same office visit.
Documents and evidence checklist (14 items)
**Plaintiff core documents (5 mandatory):** (1) complaint stating facts, prayer for relief and statutory basis; (2) copy of national ID / corporate certificate; (3) Power of Attorney if applicable (notarised, and Apostilled or MFA-legalised when executed abroad); (4) witness list; (5) proof of damages and quantum.
**Documentary evidence (4 categories):** (1) contracts and instruments; (2) invoices and tax invoices; (3) LINE / email / SMS logs (printed and certified true); (4) photographs and video with metadata. We compile an Index of Exhibits weighted by evidentiary value — judges rely on it heavily, which materially improves outcomes.
**Lay witnesses (minimum two) and expert witnesses (5 types):** eyewitnesses, parties to the transaction, document authenticators, comparator witnesses, and subject-matter experts (engineers, physicians, accountants, certified translators). We brief and rehearse every witness before the evidence hearing.
9 stages of a Thai lawsuit, filing to judgment
**(1) Intake and case assessment (1–3 days):** facts, limitation, statutory basis, prospects of success, settlement options. **(2) File complaint + pay court fees:** 2% ของทุนทรัพย์ (non-refundable even on withdrawal — fee must be paid in full). **(3) Court serves summons:** 7–15 working days after filing.
**(4) Defendant files an answer:** 15 days (one 15-day extension available). Failure to answer = default judgment. **(5) Pre-trial conference + mediation:** the court fixes issues for trial — roughly 60% of matters settle at this stage. **(6) Plaintiff's evidence:** typically 60–120 days after the pre-trial conference, 1–5 hearings per case.
**(7) Defendant's evidence:** immediately after the plaintiff closes. **(8) Judgment:** 60–90 days after evidence concludes. **(9) Enforcement / appeal:** if the judgment is not voluntarily honoured, we proceed to asset tracing, garnishment and public auction. Appeal lies within 1 month of judgment. Total timeline 10–20 months; fastest path is settlement at mediation (1–3 months).
Costs and 4-tier attorney-fee structure
**Court fees:** 2% ของทุนทรัพย์, paid at filing and non-refundable. Service of process THB 200 per copy; witness subpoenas THB 200–500; expert witnesses THB 5,000–50,000.
**NYC Legal attorney fees (4 tracks):** **Tier 1 (claim < THB 300,000 or routine matter):** THB 25,000–40,000 — debt collection, uncontested divorce. **Tier 2 (claim THB 300k–3M or moderate complexity):** THB 50,000–80,000 — multi-witness, multiple evidence hearings.
**Tier 3 (claim THB 3M–30M or complex):** THB 150,000–500,000 or a Success Fee (10–20% of recovery). **Tier 4 (corporate / cross-border):** retainer + hourly (THB 3,000–8,000/hr) — bankruptcy, IP, arbitration. All fees fixed in writing before engagement, billed in stages — never lump sum.
12 reasons cases get dismissed (we screen against all of them)
(1) Plaintiff lacks standing (not the directly injured party) · (2) Witness testimony contradicts the exhibits · (3) Additional court fees demanded mid-trial were not paid in time · (4) Complaint is vague — missing material facts or statutory basis (fails CPC §172 specificity)
(5) Limitation period expired before filing · (6) Copies not properly certified true · (7) Plaintiff failed to appear at evidence hearing without cause · (8) Defendant successfully shifted the burden of proof (CPC §84/1)
Our 47-point pre-filing checklist is reviewed by two senior attorneys before every filing — our dismissal rate is below 3% versus the industry average of 15–20%.
Why NYC Legal — 6 differentiators
**(1) Specialist teams:** civil / criminal / labour / family / IP — never a generalist. Average 12+ years of practice; 73% win rate on IP Infringement matters. **(2) Six in-house Notary Public attorneys** for same-day attestation of Powers of Attorney, affidavits and exhibits.
**(3) Online Case Tracker** so clients see status, exhibits and hearing dates 24/7. **(4) In-house translation + MFA / embassy / Apostille legalisation** for foreign-language exhibits — one team, one timeline. **(5) Mediation-First strategy** to close matters faster and cheaper where possible. **(6) Pre-trial Strategy Memo** documenting best/worst case, ADR alternatives and risk before any complaint is filed.
Frequently asked questions
How long does a IP Infringement case take?
On average 10–20 months to first-instance judgment. Mediation can close it in 1–3 months; appeal to the Court of Appeal and Supreme Court adds 12–24 months.
What are the court fees?
2% ของทุนทรัพย์, paid at filing and non-refundable even on withdrawal. Attorney fees from THB 25,000.
What is your win rate?
73% on IP Infringement matters, driven by evidence preparation, witness rehearsal and pre-filing strategy.
Can I file without an attorney?
Thai law does not require counsel, but the ศาลทรัพย์สินทางปัญญาและการค้าระหว่างประเทศ's procedural rules are unforgiving — most pro se claims fail on a CPC §172 specificity ground or limitation. We recommend at least a paid consultation before deciding.
What is the limitation period?
1 year (tort) / 5 years (estate) / 10 years (contract) / 15 years (hire-purchase) under CCC §§ 193/30–193/35. We always confirm limitation before accepting a matter.
What if I win but the defendant refuses to pay?
We move to enforcement: asset tracing, attachment of land/vehicles, garnishment of bank accounts and up to 30% of wages, and public auction. For debts over THB 1M we can also file a bankruptcy petition.
Can I appear remotely?
Most procedural hearings can be covered under a Power of Attorney. Evidence hearings require the witness's personal appearance; some courts now accept video evidence under Court Regulation 2563 (2020) where reasonable cause exists.
What if my documents are in a foreign language?
We translate (49 languages) and notarise in-house, then arrange MFA / embassy legalisation or Apostille (accession deposited 30 Jun 2026, in force 28 February 2027 under the 1961 Hague Convention) as required by the court.
