Thailand Sourcing: IP Protection & NDA Guide 2026
Thailand's IP framework is stronger than most emerging markets — the Department of Intellectual Property (DIP) is a functioning registry, and courts do enforce. But protection depends on filing locally, not relying on your home-country registration.
Register before you sample
- Trademark — file with DIP; approx. 12–18 months to grant, but priority date is the filing date
- Design patent — for product form (2D/3D); 10-year term
- Utility patent — for mechanism; 20 years
- Copyright — automatic, but registration helps enforcement
NNN vs NDA
A plain NDA is weak in Asia. Use an NNN:
- Non-disclosure
- Non-use
- Non-circumvention
Draft in Thai + English, governed by Thai law, dispute resolution in Bangkok (either Thai courts or THAC arbitration). A US-law NDA is nearly unenforceable in Bangkok.
Mold and tooling ownership
- Written mold ownership clause in the PO
- Photograph the mold with serial numbers
- Store a duplicate mold at a second factory (only for USD 10k+ tooling)
- Add a mold-transfer clause: factory must ship mold on demand within 30 days
Practical countermeasures
- Split BOMs across 2 factories so no one has the whole product
- Use color/finish variants unique to your brand
- Watermark technical drawings with the recipient's name
- Register your brand on Lazada, Shopee, and TikTok Shop Brand Registry to shut down copycats fast
When infringement happens
DIP + Central IP & International Trade Court in Bangkok handle cases. Cease-and-desist through a Thai IP lawyer resolves ~70% before litigation.
Related: Contracts & NDA · Red flags & fraud · Supplier scorecard
FAQ
Is a US NDA valid in Thailand?
Generally no. Use an NNN agreement governed by Thai law with jurisdiction in Bangkok.
Should I register my trademark in Thailand?
Yes, before sending any samples or packaging artwork. Thailand is first-to-file.
Who owns the mold in Thailand sourcing?
Whoever the PO says. Always include an explicit mold-ownership and transfer clause.
Does TUSKO help with IP protection?
We coordinate with local Thai IP counsel for trademark filing, NNN drafting, and mold-ownership clauses.