LEGAL ISSUES CONCERNING PLATFORM PROVIDERS’ LIABILITY FOR TRADEMARK INFRINGEMENT

Abstract

This study aims to analyze the legal issues surrounding the liability of platform providers in cases of trademark infringement. It explores the definitions, concepts, and theories related to trademarks and digital platforms, focusing on the liability of platform providers under the Trademark Act B.E. 2534 (1991). The Act currently lacks clear provisions regarding the legal status of platform providers as “intermediaries” in trademark infringement. The analysis considers the operational characteristics of platforms and their role in facilitating the sale of goods or services, which may lead to the perception that they are complicit in the infringement. Such involvement could result in liability toward trademark owners. The study also examines whether criminal penalties under the Act extend liability to platform providers, and investigates the criteria for determining damages in trademark infringement cases. Furthermore, it reviews international approaches to platform liability in trademark infringement, particularly in the United States, to propose recommendations for improving Thai trademark law.