Thailand–China IP Enforcement MOU Enhances Cross-Border Protection In The E-commerce Era

Thailand and China have a longstanding and significant trade relationship, which increasingly extends to e-commerce and digitally enabled supply chains. While these channels create new opportunities for businesses to reach consumers across borders, their growth also brings greater exposure to intellectual property (IP) infringement across jurisdictions and online platforms. Effective cooperation between the two countries’ enforcement authorities has therefore become increasingly important.

To strengthen cooperation in this area, Thailand and China signed a memorandum of understanding (MOU) on IP enforcement in Beijing on July 20, 2026, during the Thai prime minister’s official visit to China. Officially titled “Memorandum of Understanding Between the State Administration for Market Regulation of the People’s Republic of China and the Ministry of Commerce of the Kingdom of Thailand on Cooperation in the Field of Intellectual Property Enforcement,” the MOU forms part of a broader bilateral agenda covering industrial and supply chains, participation by micro, small, and medium-sized enterprises (MSMEs), cooperation associated with the ASEAN–China Free Trade Area 3.0, and progress on the registration of Thai geographical indications in China.

The MOU establishes a bilateral framework for cooperation and coordination in five broad areas:

1. Strengthening dialogue in IP enforcement;
2. Enhancing information sharing;
3. Facilitating the enforcement of IP rights in cases arising in the parties’ domestic markets and on online platforms, in accordance with their respective domestic laws;
4. Promoting cooperation in IP enforcement training and human resource development; and
5. Undertaking other cooperation activities agreed upon by both sides.

The Department of Intellectual Property (DIP) will serve as the principal coordinating agency for Thailand, while the Bureau of Law Enforcement and Inspection in China’s State Administration for Market Regulation (SAMR) will serve in that role for China.

The framework is particularly relevant to the growth of e-commerce, as it covers infringement in the domestic markets and on the online platforms of both countries. Online IP infringement often involves sellers operating through multiple platform accounts, while relevant transaction information and sources of infringing goods may be located in different jurisdictions, making coordination between Thai and Chinese authorities important for enforcement beyond individual listing removals.

Although the MOU is a nonbinding framework expressing the two countries’ mutual intent and does not create rights or obligations under international law, its practical significance lies in establishing a continuing channel for cooperation between the relevant authorities. Rights holders must still obtain appropriate protection and pursue remedies under the applicable domestic law, but the MOU provides an additional government-to-government mechanism to support their enforcement efforts.

This bilateral framework also builds on and complements Thailand’s broader cooperation-based approach to IP enforcement, including the MOU on the Protection of Intellectual Property Rights on the Internet introduced in 2021. The MOU represents a positive development for Thailand–China cooperation on IP enforcement, particularly as more trade moves through e-commerce platforms and digitally enabled supply chains. The DIP and SAMR are expected to continue bilateral discussions on implementation, with a view to developing an action plan and clarifying the specific policies and operational measures that would become available to rights holders. By adding a bilateral authority-to-authority channel to Thailand’s existing enforcement partnerships, the MOU is expected to promote more coordinated assistance for rights holders addressing infringement across the physical and online markets of both countries.

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