The copyright law currently in effect in Thailand is the Copyright Act B.E. 2537 (1994), which came into force in March 1995. After 20 years, a new amendment came into effect in August 2015, with a focus on updating the law for the digital age, followed by a further amendment that became effective in March 2019 to comply with the Marrakesh Treaty providing exemptions to copyright infringement for people with disabilities. Recently, to comply with the World Intellectual Property Organization Copyright Treaty (WCT) and update practices in combating online infringement, the Thai Copyright Act has been amended once again. This article will explore the backstory behind this amendment, highlight the law’s successes and potential areas of concern, and explain what copyright owners, practitioners, and—most importantly—internet service providers (ISPs) should be aware of in order to comply with this law, which was published in the Government Gazette on February 24, 2022, and will become effective on August 23, 2022. The Backstory Despite the modernizing focus of the 2015 amendment, in recent years Thailand recognized the necessity of strengthening copyright protection and modernizing the law further to cope with online infringement problems fueled by today’s rapid technological change. Previously, the Copyright Act B.E. 2537 (1994), as amended in 2015, provided a specific mechanism to solve online copyright infringement. This mechanism, which appeared in Section 32/3 of the law, differed from the clearly defined notice-and-takedown system favored in several other countries by relying on the courts to resolve copyright infringement matters in relation to the provision on ISP liability and safe harbors. As the law did not include adequate notification procedures or rapid dispute resolution mechanisms, the implementation of Section 32/3 became impractical. In addition, the definition of an ISP was broad, so “mere conduit” (or intermediary) ISPs would often receive court

Attorneys from Tilleke & Gibbins’ intellectual property group in Bangkok have contributed the Thailand chapter to the recently published second edition of International Copyright Law: A Practical Global Guide. The updated edition of the book, which was first published in 2013, contains in-depth chapters on the legal framework for copyright from specialists in over 30 jurisdictions worldwide. The Thailand chapter was written by Ploynapa Julagasigorn, senior associate; Darani Vachanavuttivong, managing partner and managing director of the firm’s intellectual property group; and Suebsiri Taweepon, partner. The chapter outlines the types of work that can be protected, formalities for and duration of protection, rules relating to the ownership of copyright works, and infringement. The topics are as follows: Copyright treaties and conventions: Berne Convention and TRIPS Agreement. What can be protected: Work definition, criteria, and specific works. Formalities for protection: Thailand’s Department of Intellectual Property. Duration of protection: Literary, dramatic, musical, artistic, photographic, and audiovisual works; audio and video broadcasts; sound recordings; cinematographic work; applied art; and computer programs. Ownership of works: Initial ownership, commissioned works and works made in the course of employment, and assignment and licensing. Infringement: Primary and secondary infringement. Rights: Moral and performers’ rights. Defenses: Fair dealing/use, private use, internet safe harbors, temporary copying, and other key defenses. Enforcement of foreign copyright: Application of Copyright Act to works by foreign creators, judicial procedures, and penalties. International Copyright Law: A Practical Guide helps counsel and other professionals at multinational companies understand the varying copyright laws and practices in jurisdictions around the world, and is a resource for private-practice lawyers doing copyright-related intellectual property work. For more details, and to order the guide, please see the Globe Law and Business website. An excerpt from the Thailand chapter is available as a PDF through the button below.

Attorneys from Tilleke & Gibbins wrote the Thailand chapter for Licensing 2022, a comprehensive guide from Lexology Getting the Deal Through to licensing in 17 countries around the world. Two specialists from Tilleke & Gibbins’ Bangkok office—Alan Adcock, partner and deputy director of intellectual property, and Kasama Sriwatanakul, senior associate—authored the Licensing 2021 Thailand chapter, which covers the following topics: Laws: Unfair Contract Terms Act, Trade Competition Act, pre-contractual disclosure, registration of international licensing, implied obligations, Civil and Commercial Code, Trademark Act, Patent Act, and Trade Secrets Act. Intellectual property issues: Paris Convention for the Protection of Industrial Property, PCT, TRIPs. Contesting the validity of licensor’s IP rights, invalidity and expiry of IP rights, evidence of use, licensing unregistered IP, opposability requirements, sub-licensing, co-owners, trade secrets, and copyright. Software licensing: Perpetual licensing, import/export restrictions, improvements and modifications, user restrictions, and legal developments. Competition law: Trade Competition Act, specific restrictions on licensing agreements, and significant court decisions. Indemnification, disclaimers, and damages: Prevalence and enforceability of indemnity provisions and contractual waivers of damages. Termination: Conditions, indemnity, agency, and impact on sub-licenses. Bankruptcy: Impact of licensee bankruptcy on licensor and vice versa, protection, and rights to terminate. Dispute resolution: Governing law, arbitration, enforcement, injunctions, contractual waivers Royalties and payments: Currency conversion, tax, remittance restrictions, and jurisdiction-specific payments. The Thailand chapter is available below as a PDF. Tilleke & Gibbins also contributed the Vietnam chapter to Licensing 2022. To browse all 17 jurisdictions covered by the guide, please visit the Getting the Deal Through website.

Attorneys from Tilleke & Gibbins have written the Vietnam chapter for Licensing 2022, a comparative guide from Lexology Getting the Deal Through to licensing law and practice in 17 countries around the world. Licensing 2022, a guide that provides an overview of a wide range of licensing relationships, including licensing of copyrights, trademarks, and patents; software licenses; technology transfer agreements; and franchise agreements. The book also addresses issues of royalties and other payments, taxes, competition law, and termination of licensing relationships. The Vietnam chapter was authored by Linh Thi Mai Nguyen, partner and head of Tilleke & Gibbins’ trademark team in Vietnam; Son Thai Hoang, trademark executive; and Chi Lan Dang, associate, of Tilleke & Gibbins’ trademark team, along with corporate and commercial senior associate Tu Ngoc Trinh, who has extensive experience in franchising and competition law. The Vietnam chapter is available below as a PDF. Tilleke & Gibbins also contributed the Thailand chapter to Licensing 2022. To browse all 17 jurisdictions covered by the guide, please visit the Getting the Deal Through website.