FAQs: Intellectual
Property
Copyright
Q. What
can be protected as a copyright?
A. The
following works can be protected as a copyright.
(a) Literary - includes books, writings, publications,
and journals. Computer programs are also protected within this
group.
(b) Artistic - includes drawings, sketches, illustrations, maps,
architectural works, photographs, three-dimensional works, and
commercial or industrial art.
(c) Musical works - includes melodies and lyrics.
(d) Dramatic works - includes live performances and dances.
(e) Sound recordings - includes songs recorded on cassettes
or discs.
(f) Sound and video broadcasts - includes television programs
and documentaries.
(g) Audio visual works - includes music videos.
(h) Cinematography - includes "feature" films.
(i) Compilations.
Q.
Is Thailand a member of any international convention or agreement
for the protection of copyrights?
A. Yes. Thailand
is a member of the Berne Convention and TRIPs.
Q. Are foreign
copyrights protected in Thailand?
A. Yes.
The work is protected in Thailand if it originates from a country
that is a member of the World Trade Organization (WTO). Thailand
has signed international copyright agreements giving automatic
protection to foreign copyright works.
Q. Is Thailand
a member of the WIPO Copyright Treaty and the WIPO Performances
and Phonograms Treaty?
A. No.
Q. Is it
necessary to register a copyright?
A. Generally, no. Unlike patents
or trademarks, copyright protection is available AUTOMATICALLY
upon creation or publication of the work. However, in Thailand,
it is useful to record the copyright with the Department of Intellectual
Property in case action needs to be taken against infringers.
Q. What can
a copyright owner do in Thailand?
A. The
copyright owner has the EXCLUSIVE right to:
(a) Reproduce or adapt the work;
(b) Disseminate the work to the public - this includes public
performances, broadcasting and transmission over the Internet;
and
(c) Rent out the work.
This means that the copyright owner can grant licenses
or refuse to allow another person to do any of the above with
regard to the work. The copyright owner can also sell or assign
their copyright.
Q. Is there
collective licensing of copyright in Thailand?
A. Yes. Various copyright owners
in the music and movie industries have set up organizations to
jointly administer their royalty collection.
Q. How long
is the period of protection?
A. Generally,
the duration of copyright is:
(a) For individuals: the life of the person plus 50
years from the date of their death.
(b) For juristic persons: 50 years from the date of creation or
first publication of the work.
Q. What are
"Moral Rights"?
A. In
addition to copyright, the creator is entitled to:
(a) the right to be identified as creator of the work;
and
(b) the right to prohibit another person from distorting, abridging,
adapting or doing anything that would cause damage to the creator's
reputation or image.
An action for infringement of moral rights can be brought
in the same manner as copyright infringement.
Q. Infringement:
What action can be taken?
A. Both criminal and civil remedies
are available.
(a) Criminal action
- A copyright owner may bring criminal
charges against an infringer by submitting a complaint directly
to the Court or filing a complaint with police authorities.
- Penalties for copyright infringement
can include fines up to Baht 200,000 and sentences of imprisonment
of up to four years. Penalties are higher if the offense is
committed for commercial purposes.
(b) Civil action
- The copyright owner may request the Court for the following:
- Compensation for infringement, including legal fees and
expenses;
- Temporary or permanent injunction to stop the infringing
activity; and
- Search-and-seizure order.
Q. Is it
possible to bring action for copyright infringement over the Internet?
A. Yes. Depending on the exact
nature of the infringement, the infringer should be located in
Thailand and/or the offending act should have occurred in Thailand.
Q. What about
corporate liability for copyright infringement?
A. In a case where an offense
is committed by a juristic person, the Copyright Act presumes
that every director or manager of such a juristic person is regarded
as joint offenders with the juristic person, unless they can prove
that the criminal act was done without their knowledge or consent.
Q. Which
Court hears copyright disputes?
A. The
Central Intellectual Property and International Trade Court (IP&IT
Court) was set up on December 1, 1997 to hear cases related to
intellectual property and international trade. The IP&IT Court
has exclusive jurisdiction in both civil and criminal cases involving
intellectual property disputes throughout Thailand and has liberal
rules to ensure efficiency in carrying out the enforcement of
intellectual property rights.
(Status
as at October 2007)
The
above is intended to provide general information only. The contents
do not constitute legal advice and should not be relied upon as
such. If legal advice or other expert assistance is required,
the services of competent professionals should be sought.
For
further information, please contact Mr.
Edward Kelly, Partner, Intellectual Property Department (edward.k@tillekeandgibbins.com).
