The Department’s director-general Nantawan Sakuntanak was referring to the plastic box-shaped bags that Thai vendors have used for years, before the Balenciaga brand became popular.
The Thai handbags are made of plastic and do not use leather like the Balenciaga handbags. They also differ in shape, colour, design pattern and trademark. So, neither the Thai-based bag manufacturer nor Balenciaga have legal standing to file a suit for violation of property rights, Nantawan said.
Furthermore, similar bags were also widely used in neighbouring countries and China, she said.
A violation of intellectual property rights only exists if there is an exact duplication of an original product that has a registered trademark, brand or design, with the intention of misleading consumers or taking advantage of a brand’s popularity, Nantawan explained.