LegalStrategy

Gray Market Imports: Protecting Your Price Integrity

Siam Advice FirmLegal Analysis

As your brand gains popularity, you may find "Gray Market" (parallel import) versions of your products appearing on Lazada or Shopee at 20% lower than your MSRP. These are genuine products, but imported via unofficial channels from countries with lower wholesale prices.

 

The 'First Sale' Reality

Under Thai law, once a genuine product is sold anywhere in the world, the trademark owner generally cannot stop it from being resold in Thailand (the "Exhaustion of Rights" doctrine). However, you have three powerful Tactical Adjustments:

  1. Warranty Lock: Explicitly state in your marketing that "Manufacturer Warranties and After-Sales Service are only valid for products with the Official Thai Security Hologram." This is a major deterrent for high-value electronics or machinery.
  2. Localized Features: If your product involves software or an app, ensure the "Thai Language Interface" or "Local Cloud Server" only activates for serial numbers sold through your authorized Thai entity.
  3. The TISI Factor: As we discussed earlier in August, many products require TISI certification. An unofficial importer likely doesn't have the TISI license. Reporting them for "Certification Non-Compliance" is a fast way to have their listings removed.

 

The Strategy

Don't fight on price; fight on Trust. Use the last days of August to educate your customers on the risks of buying "Gray" (no support, no safety certification, no Thai manual).

 


Related Service: Company Registration & Legal — Authorized distributor agreements and gray market enforcement strategy.

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Disclaimer: Siam Advice Firm is a private professional consulting firm. We are not a government agency and do not provide official government documents directly. We provide legal advisory and support services to ensure business compliance with Thai regulations.

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