The duty and liability of e-commerce platform for trademark infringement: a comparative analysis of trademark infringement in Thailand, China, and the United States

This Independent Study aims to explore the realm of trademark infringement within the evolving landscape of e-commerce platforms, specifically focusing on Thailand. Through a qualitative approach, the research examines the legal framework surrounding trademark infringement in Thailand, drawing comparisons with international practices in countries like the United States and China. Key areas of exploration include the liability of e-commerce platforms in facilitating trademark violations, the enforcement mechanisms to combat counterfeit goods, and the role of collaboration between brand owners and online platforms. Recommendations are proposed to enhance Thai laws by amending the Trademark Act B.E. 2534 (1991), which should have new provisions introducing clear provisions addressing contributory infringement by e-commerce platforms to hold them accountable for facilitating trademark violations. In addition, specifying the duty and liability of e-commerce platform operators in preventing and addressing trademark infringement on their platforms. This includes establishing obvious criteria for when platforms can be held directly or secondary liable for facilitating the sale of counterfeit goods. It is expected in a way like the provisions of the Copyright Act B.E. 2537 (1994) as recently inserted the notice-and-take down and relevant. Aligning them with international standards to create a fair and secure online marketplace that protects the rights of brand owners and consumers.