Thailand Sourcing: IP Protection & NDA Guide 2026

Thailand Sourcing: IP Protection & NDA Guide 2026

How to protect designs, molds, and trademarks when sourcing in Thailand. NNN agreements, DIP registration, and enforcement in 2026.

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.