It has been widely recognized that intellectual property infringement is such a serious problem as being addressed at both domestic and international scales. This infringement has caused an encumbrance to the community, a menace to the public safety and health, a shortfall of the State’s revenues, and a situation of being detrimental to legal enterprises. Consequently, the infringement is regarded as a crime without frontier, likely to be associated with other kinds of offences. Having been attracted by ultimate returns, the offenders have developed their criminal activities through the stuff being well equipped with newly high technologies. Generally, the criminal law is considered as a severely imperative approach being aimed at community protection, crime suppression and punishment. Incapacity of the criminal law to ensure public security and safety is likely to throw the society into turmoil. Due enforcement could lead the criminal law to achieve its objectives as aforesaid. However, such due enforcement has currently given rise to numerous aspects of problems. Therefore, it is extremely incorrect to insist that the criminal law alone could cope with all those cases because some infringements are not severe or are unsuitable or unnecessary to be enforced and punished through the criminal law. With a view to diminishing such infringement of intellectual property rights and giving the offenders a word of warning against the infringement, this thesis suggests certain appropriate measures and approaches as follows: 1. To impose physical sanctions on any properties that relate to the offences; 2. To include the term “intellectual property infringement” as one of the “fundamental offences” defined in section 3 of the Anti Money Laundering Act B.E. 2542 (1999).
