There are three main avenues of enforcement you can consider: administrative actions, civil litigation and criminal prosecution. In many cases, however, private mediation via legal professionals is more effective and should be considered as a viable option, particularly for SMEs with budget constraints.
Administrative measures in Thailand are generally not seen as effective due to a lack of sufficient resources (both financial and human) and proper training of the enforcement agencies, as well as non-deterrent punishments imposed on infringers.
Civil litigation is rarely used in Thailand due the difficulty in proving ‘actual damages’, the lack of a formal discovery process, and the delays in prosecuting the case. There is also a lack of proper IP training and human resources within the judicial system, meaning that outcomes can be somewhat unpredictable.
Criminal prosecutions are usually considered as the most cost-effective enforcement route available to IP right holders in Thailand. The judges are reluctant to impose harsh penalties on infringers, especially for first-time and minor offenders. The outcomes of lighter penalties often do not act as a significant enough deterrent to infringers.