You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 7, 2013

International Copyright Law: A Practical Global Guide – Thailand Chapter

Globe Law and Business

Darani Vachanavuttivong and Suebsiri Taweepon of Tilleke & Gibbins have contributed the Thailand chapter to the recently published book, International Copyright Law: A Practical Global Guide. The book reflects on the origins of copyright law and the path on which it is headed. With rapid advances in technology, copyright has expanded to become a semi-harmonized body of law with international reach. This directly influences how many types of business operate and how they use and protect rights around the world.

The Thailand chapter covers 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 – The Berne Convention and the TRIPS Agreement
  • Status of Protection – Protected work definition, criteria, and specific works
  • Formalities for Protection – The Department of Intellectual Property
  • Duration of Protection – Literary, dramatic, musical, artistic, photographic, audiovisual, audio and video broadcasting, 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 – Legal effects

International Copyright Law: A Practical Guide features contributions from experts in 40 jurisdictions, setting out the legal framework of their copyright law and how to protect and exploit rights in creative works. It aims to assist individuals in multinational companies and lawyers in private practice who deal with copyright works such as publications, music, and films, in knowing their rights under copyright law in all the main markets in the world. If you would like to read more of the Thailand chapter, an excerpt is provided in the PDF below.

RELATED INSIGHTS​ 

November 21, 2025
Tilleke & Gibbins has contributed the Thailand chapter to Asia IP’s ASEAN Guide to IP Protection 2025, an annual reference covering key developments and practical considerations for intellectual property systems across Southeast Asia. The chapter offers an overview of Thailand’s current legal framework for the protection of trademarks, patents, industrial designs, and copyrights. It summarizes registration requirements, recent regulatory updates, and procedural considerations relevant to rights holders and practitioners. The chapter offers actionable insights for rights holders at every stage of the IP lifecycle and addresses practical strategies for managing portfolios, anticipating enforcement challenges, and maximizing the value of IP assets. The authors also highlight recent trends and developments in Thai IP law, ensuring that readers are equipped with the latest knowledge to inform their decisions. The complete Thailand chapter can be downloaded through the button below, and the chapter is also available on the Asia IP website.
November 13, 2025
Tilleke & Gibbins has contributed the Thailand chapter to Franchise 2026, part of the International Comparative Legal Guides (ICLG) series published by Global Legal Group. This annual guide offers comparative analysis of franchise laws and regulations across jurisdictions worldwide, providing practical insights for businesses and legal practitioners operating in the global franchise sector. Each country chapter in the 12th edition follows a Q&A format covering key aspects of franchise law and operations, including: Relevant legislation and rules governing franchise transactions Business organization options for franchised operations Competition law considerations Protection of intellectual property and brands Liability issues and risk mitigation Governing law and dispute resolution Real estate matters Online trading regulations Termination requirements Joint employer risks and vicarious liability Currency controls and taxation Commercial agency considerations Good faith obligations and fair dealing requirements Ongoing relationship management Franchise renewal processes Franchise migration procedures Sustainability commitments Electronic signatures and document retention Current developments in the franchise sector The Thailand chapter, authored by Alan Adcock and Kasama Sriwatanakul, provides an in-depth overview of the legal landscape for franchising and franchising-related activities in Thailand. The complete Thailand chapter is available as a PDF below. The Thailand chapter—and the full Franchise 2026 guide—are also freely available on the ICLG website.
October 26, 2025
AI-generated songs are now making waves in Vietnam on platforms like TikTok, with tracks such as “Say mot doi vi em” quickly gaining popularity and sparking widespread attention. This phenomenon raises a host of legal and ethical questions: Who is the author of these songs? Can they be protected by copyright? Who is responsible if there is an infringement? These questions are becoming increasingly urgent as AI music becomes more mainstream in Vietnam. Copyright Protection for AI-Generated Music in Vietnam Under current Vietnamese law, copyright protection is reserved for works that bear the mark of human creativity. The 2022 amendments to Vietnam’s Intellectual Property Law reaffirm that only works created by humans are eligible for copyright. In practice, if a human meaningfully contributes to the creative process—by providing prompts, making selections, editing, or arranging—their contribution may be protected. However, if a song is generated entirely by AI without significant human input, it is unlikely to qualify for copyright protection. When an AI-generated song does not qualify for copyright protection, the question arises as to whether the person who writes the prompts, edits, or compiles the work can still be considered the owner of an asset under the Vietnamese Civil Code. According to Article 105 of the Civil Code 2015, assets include objects, money, valuable papers, and property rights. While AI-generated music that is not protected by copyright is not considered money or valuable papers, it may be regarded as an object (in the form of a digital file or recording) or as a property right if it can be possessed, used, transferred, or exploited for value. Use of AI-Generated Works Without Copyright Protection If a song is not protected by copyright, does that mean anyone can use it freely? Not necessarily. The absence of copyright does not mean the
October 24, 2025
Thailand currently lacks a specific franchise act. Consequently, the legality of any franchise agreement is determined by its compliance with various existing laws, such as the Civil and Commercial Code, the Trademark Act B.E. 2534 (1991) (as amended), and the Unfair Contract Terms Act B.E. 2530 (1997). Thailand is a freedom-to-contract jurisdiction. This allows for a high degree of flexibility and autonomy in contractual arrangements, provided that the terms do not violate any laws or public policy and do not fall under the scope of unfair contract terms. Given this, the requirement for fairness in franchise agreement terms often leads to uncertainty, but decisions from the Trade Competition Commission of Thailand (TCCT) can provide guidance on whether specific contentious terms are in fact fair.  One issue worth examining in this light is the inclusion of terms on nonrefundable franchise fees and strict purchasing conditions. Franchise Fee: Unfair to Refuse Refund? Nonrefundable franchise fees represent a significant upfront investment for franchisees, often becoming a point of contention if the franchise relationship deteriorates or the franchisor ceases operations. Their fairness and enforceability are frequently scrutinized by regulatory bodies like the TCCT, highlighting the critical balance between contractual freedom and franchisee protection. Faced with one such case, the TCCT considered whether it was unfair for the franchisor to refuse to refund the franchise fee after the franchisor ceased operations.  The franchisee had entered into a service agreement on August 2, 2021, and begun operating on October 9, 2021. However, by November 21, 2023, the franchisee was notified that the system would be shut down for maintenance, and by December 26, 2023, the franchisor announced the cessation of operations due to financial losses. The franchisee then requested a refund of the franchise fee. Unfortunately for the franchisee, the TCCT found that the franchisor’s