Chapter 10 - Intellectual Property It includes copyright, patent, trade symbol and trade secret. Copyright - In Thailand, copyright is protected under copyright act 1997. It provides protection for author of original work whether published or unpublished. It arises automatically at the time of creation of the work. You don't need to register, as soon as you complete something copyright will protect you. Registration may be useful as evidence of ownership. For example, if you go to court registration is very important as evidence to bring to court. Copyright (under section 6 of the law) includes books, paintings, sculptures,songs, movies, videos, and any other work in the literary, scientific, or artistic domain is protected by copyright whatever may be the mode of its expression ex- voice. Copyright, however, does not protect ideas, procedure, process. For example, you say you have idea about writing a new book about thai intellectual property. This idea is not protected by copyright so if i write the book before you, you cannot sue me. Similarly, laws, official decisions, news of the day are not protected by copyright. If I write a book about american law and I use some laws from the court in my book, these is not copyright infringement as I am allowed to do that. Copyright protection last for 50 years after the dead of the author. If there are several authors, it is 50 years from the death of last author to die. If the author is a juristic person and company for example, 50 years from creation of the work. The owner of copyright has the right to reproduction, adaptation, make the work available to public, and license the work. Copyright infringement under Thai law occurs when the person use without permission, the right reserved to the right owner. For example, I have lecture and my voice is protected by copyright and if someone 1) reproduce my voice - record my voice and sell CD in the market is copyright infringement. 2) Adapt my voice - if you make a book by using my lectures is copyright infringement 3) Communicate my voice to public - if you download the video and post it online, it is copyright infringement. Since the period of copyright protection is very long, the legislator allow many exception as fair use. This means that in some cases you can use copyright material without asking permission to the author of the work. 1) This applies for personal, family, and relative use. Suppose you buy CD with many songs, you can copy this song into your iPad, you can share it to family and relatives. 2) Also, for research, educational purposes, teaching and studying. As a student in Thailand you can make photocopies of the book, this is considered to be fair use. 3) Judicial and Administrative proceedings. If you go to court you may need to bring some materials that is protected by copyrights so this is considered to be fair use.
- Three '18
- Corporation, Legal entities