Copyright protection
What can be copyrighted?
Copyright refers to the rights granted to a creator over their works, as outlined in the Copyright Act (1994). These rights empower the creator to perform various acts related to their work.
It is important to note that copyright protection does not extend to ideas, procedures, processes, systems, methods of use or operation, or abstract concepts, principles, discoveries, scientific or mathematical theories. Copyright primarily safeguards the tangible expression of creative ideas rather than the ideas themselves or underlying principles.
Under section 4 of the Copyright Act, the following works can be copyrighted:
- Artistic work
- Audiovisual work
- Broadcasting work
- Cinematographic work
- Computer program
- Dramatic work
- Literary work
- Musical work
- Photographic work
- Sound recording
- Work of applied art
- Work of architecture
- Work of illustration
- Work of lithography
- Work of painting or drawing
- Work of sculpture
Ownership of unpublished work vs published work
The author holds copyright under the following conditions:
- Unpublished work: the author must either be a Thai national or reside in Thailand or be a national of or reside in a country that is a member of the Convention on the Protection of Copyright. In addition, the author’s residence in Thailand or in any other eligible country must be primarily related to the creation of the work. In other words, the place of residence must be closely linked to the creative process or origin of the work in order to establish copyright eligibility.
- Published work: copyright protection for published works is subject to initial publication in Thailand or in another country participating in the Convention on the Protection of Copyright. If the first publication took place outside the eligible area, the work must be published in Thailand or in another member country of the convention within 30 days of the initial publication in order to benefit from copyright protection. This provision ensures that works originating in non-eligible countries can still obtain copyright protection through timely publication within the specified framework.
What rights does the copyright owner have?
In accordance with section 15, the copyright owner enjoys exclusive rights, including:
- Reproduction or adaptation: this encompasses the right to reproduce or adapt the copyrighted work.
- Communication to the public: the copyright owner has the exclusive right to communicate the work to the public.
- Rental of the original or copies: this involves the right to rent out the original or copies of certain works such as computer programs, audiovisual works, cinematographic works, and sound recordings.
- Assignment of benefits: the copyright owner is entitled to assign the benefits arising from the copyright to other individuals.
- Licensing rights: the copyright owner can grant licenses for the rights mentioned in items (1), (2), or (3), either with or without conditions. However, these conditions should not unduly restrict competition.
These exclusive rights provide the copyright owner with control over various aspects of the use and distribution of the copyrighted work.
How long does a copyright last?
- For literary, artistic, or scientific works, as well as works of applied art the copyright is valid for the lifetime of the author and for an additional 50 years after the author’s death.
- For photographic work, audiovisual work, cinematographic work, sound recordings, or audio and video broadcasting work the copyright is valid for 50 years from the first publication.
- For applied art works the copyright is valid for 25 years.
If the applied art work is published, the copyright protection extends for 50 years from the first publication.
These stipulations govern the temporal scope of copyright protection for various types of creative works in Thailand.
Infringement of copyright
Acts against a copyrighted work without permission are considered infringement of copyright.
Reproduction or adaptation, as well as communication to the public, without the explicit permission of the copyright owner, constitutes an infringement of copyright. These actions involve copying or altering the copyrighted work and making it available to the public without the legal authorization of the rights holder. Legal consequences for copyright infringement may include civil remedies, such as damages or injunctive relief, as well as potential criminal penalties, depending on the applicable copyright laws.
For audiovisual works, cinematographic works, sound recordings, and computer programs, the following actions are considered infringements of copyright:
- Reproduction or Adaptation
- Unauthorized public communication or transmission of the audiovisual work, cinematographic work, sound recording, or computer program.
- Rental of the Original or Copies.
Engaging in any of these acts without proper authorization from the copyright owner constitutes a violation of copyright law, and the copyright owner may pursue legal remedies against the infringing party. These actions are specifically regulated to protect the rights of creators and owners of audiovisual works, cinematographic works, sound recordings, and computer programs.
Sound and video broadcasting offences include:
- Making an audiovisual work, cinematographic work, sound recording or sound and video broadcasting work, in whole or in part
- Rebroadcasting, whether in whole or in part
Public performance of a sound or video broadcasting work in exchange for a sum of money or other commercial advantage.
Any person who commits the following acts against the work for profit is considered to have infringed copyright:
- Sale, possession with a view to sale, offer with a view to sale, rental, offer with a view to rental, sale by hire purchase or offer with a view to hire purchase.
- Distribution in a way that may cause harm to the copyright owner
- Self-importation or importation to order into the Kingdom
- Communication to the public
Exemption of copyright infringement
Under section 32, the following acts concerning copyrighted works are not considered as copyright infringement:
1. Research or Study:
- Engaging in research or study of the work, provided it is not for commercial benefit.
2. Personal Use:
- Using the work for personal benefit or for the benefit of the user, their family members, or close relatives.
3. Comment, Criticism, or Introduction:
- Making comments, criticisms, or introductions of the work with due acknowledgment of the ownership of the copyright.
4 .News Reporting:
- Reporting of news through mass media, with proper acknowledgment of the ownership of the copyright in the work.
5. Judicial or Administrative Proceedings:
- Reproduction, adaptation, exhibition, or display of the work for the benefit of judicial or administrative proceedings by authorized officials, or for reporting the results of such proceedings.
6. Educational Use by Teachers:
- Reproduction, adaptation, exhibition, or display by a teacher for educational purposes, provided that it is not for profit.
7. Educational Distribution to Students:
- Reproduction, adaptation in part, abridgment, or summary of a work by a teacher or educational institution for distribution or sale to students in a class or educational institution, provided it is not for profit.
8. Examination Questions and Answers:
- Using the work as part of questions and answers in an examination.
9. Citation, Quotation, Copy, Emulation, or Reference:
- Making citations, quotations, copies, emulations, or references in part from a copyrighted work, with proper acknowledgment of the owner, without being deemed an infringement of copyright.
These exceptions recognize certain activities that, when carried out for specific purposes and under certain conditions, do not infringe on the rights of copyright owners.
Copyright registration
Patent protection
What is a patent?
A patent, as defined by section 3 of the Patent Act 1979, is a legal document providing protection for an invention or design. According to the World Intellectual Property Organization, a patent grants exclusive rights for an invention, whether it’s a product or a process. Typically, this invention introduces a novel method or provides a new technical solution to a problem.
Under the 1979 Patents Act, three types of patent can be protected:
- Design/industrial patents
- Patents for inventions
- Petty patents
Design/industrial patent
A design or industrial patent is a type of patent that safeguards the design, shape, or configuration, encompassing the composition of lines or colors, of a product. To qualify for protection, the design must be both new and suitable for industrial application.
Designs that are not considered as new under section 57 include:
- A design widely known or used by others in the country before filing the patent application.
- A design disclosed or described in a document or printed publication in this or a foreign country before filing the patent application.
- A design published under section 65 and section 28 before filing the patent application.
- Any design so closely resembling the prescribed designs above as to be an imitation.
Two types of designs are considered unpatentable, which are:
1. Designs contrary to public order or morality:
- Designs that go against public order or morality are not eligible for patent protection.
2. Designs prescribed by a royal decree:
- Designs specified by a Royal Decree are also excluded from patentability, indicating that certain categories of designs may be explicitly prohibited from receiving patent protection through official decree.
Under Article 59, all patent applications must contain:
- A representation of the design
- An indication of the product for which the design is to be used
- A clear and concise claim
- Other elements prescribed by ministerial regulation.
A design patent lasts for 10 years from the date of filing of the application.
Invention patents
An invention, to be patentable, must satisfy the following conditions:
1. Novelty:
- The invention must be new, meaning it has not been publicly disclosed or used before the filing of the patent application.
2. Inventive Step:
- The invention should involve an inventive step, meaning it is not obvious to someone skilled in the field of the invention.
3. Industrial Applicability:
- The invention must be capable of industrial application, having a practical use in an industrial context.
Meeting these criteria ensures that the invention is considered eligible for patent protection, as it represents a genuine and non-obvious advancement in a particular field with practical applicability.
The following inventions are not protected:
- Natural micro-organisms and their components, animals, plants or animal or plant extracts
- Scientific or mathematical rules or theories
- Computer programs
- Methods of diagnosis, treatment or cure of human or animal diseases
- Inventions contrary to public policy, morality, health or welfare
According to Article 17, the patent application must contain:
- The title of the invention
- A brief description of its nature and objectives
- A detailed description of the invention in terms sufficiently complete, concise, clear and exact to enable any person of ordinary skill in the art to which it relates or with which it is most closely connected to carry out and use the invention and shall state the best mode contemplated by the inventor for carrying out his invention.
- One or more clear and concise claims
- Other elements prescribed by ministerial regulation
The patent is valid for 20 years from the date of filing of the patent application in Thailand.
Petty patent
A petty patent is a document issued by the government specifically to protect the invention itself, excluding the product design. According to Section 65 bis, a petty patent may be granted for an invention if it meets the following conditions:
1. The invention is new:
- The invention must be novel, meaning it has not been publicly disclosed or used before the filing of the petty patent application.
2. Capable of industrial application:
- The invention should be capable of practical use in an industrial context. It should have a clear and specific application that can be utilized in industries or manufacturing processes.
A person can apply for both a petty patent and a patent for the same invention.
However, there is a provision for conversion between the two types of patents. The applicant for either a petty patent or an invention patent has the option to request a conversion of the application. This can involve converting an application for a petty patent to an invention patent or vice versa. The conversion request must be made before the registration of the invention and the grant of a petty patent or before the publication of the application. This flexibility allows applicants to adjust the type of patent protection sought based on their evolving needs or the evolving nature of the invention.
The protection period for petty patents is initially six years from the date of filing the application in the country. However, the owner of the petty patent has the option to request an extension for the petty patent. Each extension period is valid for two years. To extend the protection period, the owner must submit a request to the competent officer within 90 days before the expiry date of the existing protection period. This provision allows the owner to maintain protection for the invention beyond the initial six years if needed.