General Notes
Thailand's
new Copyright Act, which repealed the Copyright Act of 1978, became
effective on March 21, 1995. Under the Act, works that are eligible
for copyright protection in Thailand do not have to be registered.
However, it is recommended that copyright owners record their
work and relevant information with the Department of Intellectual
Property (DIP), Ministry of Commerce.
Among
the highlights distinguishing the new Act from the previous copyright
law are:
Computer Software:
Computer software is defined
as a "literary work" and thereby entitled to copyright
protection.
Penalties:
Penalties for infringement have been
increased with offenders liable to punishment by a fine of 20,000
Baht to 200,000 Baht. If the infringement is committed for commercial
purposes, the offender is liable to punishment by imprisonment
for a term of six months to four years or by a fine of 100,000
Baht to 800,000 Baht or both imprisonment and fine.
Preliminary Injunction:
A copyright owner may petition the
court to order a preliminary injunction against an infringing
party.
Performers'
Rights:
Generally, performers enjoy
exclusive rights with respect to the broadcasting of their performances,
the recording of their unrecorded performances, and the reproduction
of their recorded performances.
Rental Rights:
Copyright owners enjoy exclusive rights
with regard to the rental of the original or a copy of a computer
program, audio-visual work, cinematographic work, and sound
recording.
In
most cases, foreign copyrighted work is protected in Thailand
provided that:
- the
creator is a national or resident of a country which is a member
of the Berne Convention or TRIPs; or
- the
work is first published (or published within 30 days of first
publication in a non-member country) in a country which is a
member of the Berne Convention or TRIPs.
As
with Thai copyright owners, it is recommended that owners of
foreign copyrighted work file for copyright recordation. In
the event of a court action, such recordation may serve as supporting
evidence.
Generally,
protection is for the lifetime of the creator plus a further 50
years. Copyright notice is not required
but advisable. The symbol © and the words "Copyright and
All Rights Reserved" (or other words to a similar effect)
should appear on the duplicate copies of work available to the
public.
Instruction Notes
In
filing an application for copyright recordation with the DIP,
the following documents must accompany the application:
- A
current, duly notarized power of attorney.
- One
set of the application form in Thai which can be completed by
Tilleke & Gibbins based on information provided by the client.
- One
set of the copyrighted work. In case original cannot be submitted,
one photograph or photocopy of the work may be used instead.
For more information, please
contact Ms. Vipa Chuenjaipanich,
Co-Managing
Partner and Managing Director, Intellectual Property Department,
Tilleke & Gibbins (e-mail vipa.c@tillekeandgibbins.com).
(Updated
April 1, 2001)
©Tilleke
& Gibbins, Bangkok, Thailand
