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May 3, 2011

Liability Under Copyright and Trademark Laws

Bangkok Post, Corporate Counsellor Column

It is widely recognized that juristic persons exist in the legal context only, under which a corporation will be liable for all obligations done in its name. Thus, according to the general principle, the directors of a company will not be held personally liable for the acts or obligations undertaken in the name of the company. This general principle, however, will not apply in the specific context of intellectual property rights infringement. Instead, directors of an infringing company may be held liable for the criminal and/or civil liabilities resulting from the infringing act of the company. This article focuses on the liabilities of directors of an infringing company under Thailand’s copyright and trademark laws.

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