What types of works are recognized under Thailand copyright law?
Thailand copyright law protects the rights of the authors of original literary, musical and artistic works including poetry, movies, songs, novels, computer software and architecture. Concepts, ideas, facts and news are not recognized as copyrightable, although the modes in which these ideas and facts are expressed may be protected by copyright.
Does Thailand law recognize original works as copyrighted if the work has not been recorded with the government Copyright office?
According to the Thailand Copyright Act a work is recognized as copyrighted from the moment it is created. Recordation of a copyright at the Copyright Office is still recommended as the record will be important evidence of the author's ownership in the event of a dispute.
Does Thailand law protect foreign copyrighted work?
Thailand copyright law recognizes copyrighted works recorded in foreign jurisdictions provided that the creator is a national, resident or first published the work in a member country of the Berne Convention or the Trade Related Aspects of International Property Rights (TRIPs).
Foreign copyright holders still may wish to record the work in Thailand as a recordation certificate at the Department of Intellectual Property Department will assist in any future enforcement actions.
How long is a copyright protected?
Generally copyrighted works are protected for the lifetime of the creator plus an additional 50 years.
My copyrighted material has been published on the internet without my authorization. What can be done?
If your objective is to have the material removed, an infringement notice may be sent to the internet service provider publishing the offending material, as well as popular search engines such as Google and Yahoo, requesting the removal of the pages containing the infringing material from their search results.
If you are in Thailand, you may also be able to seek damages and criminal prosecution of the infringing party in Thailand courts for a violation of the Thailand Copyright Act if the offense was committed in Thailand.
Are violations of copyrights a criminal offense in Thailand?
Thailand law protects the rights of owners of copyrights, trademarks and patents. The violation of intellectual property is a criminal offense and violating parties may be subject to prison sentences or fines. Disputes over intellectual property are heard in the Court of Intellectual Property and International Trade.