Thailand Copyright Law
Thailand models its intellectual property protections after the protocols, agreements and treaties set out by the World Trade Organization and the World Intellectual Property Organization. However, while its laws are mostly up-to-date, copyright infringement is rampant in Thailand.
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Copyright Law
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Thailand's copyright law--Copyright Act B.E. 2537--dates from 1995, and was crafted to conform to WTO intellectual property protection standards. The law has been amended several times to keep it in line with changes in international standards. The law protects any work in the artistic, literary or scientific domain of the author, without regard to what medium the work is produced in. A copyright grants exclusive rights to the author to reproduce, distribute and sell a product.
Intellectual Property Laws
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Along with the Copyright Act, Thailand has a grouping of intellectual property laws on the books which, at least on paper, thoroughly guarantee exclusive reproduction, distribution and use rights to creators. These include the Optical Disc Manufacturing Control Bill of 2005, the Anti-Money Laundering Act and the Trade Secrets Act of 2002, as well as comprehensive Trademark and Patent Laws.
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International Treaties
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Thailand has signed the Berne Convention for the Protection of Literary and Artistic Works, though not any other main WIPO agreement. Thailand recognizes patents registered in most WIPO member countries, and foreign patents do not need to register with the Thai patent office. Thailand abides by WTO's Trade Related Aspects of Intellectual Property (TRIPS) standards, however, and cooperates with the U.S.'s efforts to enforce international copyright protection standards.
Enforcement
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Thailand established a Centralized Intellectual Property and International Trade Court in 1997 which, according to a U.S. Embassy publication, succeeded in establishing a solid enforcement regime for Thailand's intellectual property protections. However, copyright violations remain rampant due to nearly universal piracy.
Issues
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Thailand has been on the U.S. Trade Representative's Watch List since 1994, and a number of markets in Bangkok are listed under the 301 Report`s "Notorious Markets" section. Despite enforcement efforts, a solid legal framework and education campaigns, piracy remains rampant; there is a large informal business sector, and even the formal business sector routinely engages in copyright infringement.
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References
- Photo Credit bangkok image by J-F Perigois from Fotolia.com
