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 Mrs. Darani Vachanavuttivong, Managing Director, Intellectual Property Department (darani.v@tillekeandgibbins.com).