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

March 14, 2022

The 2022 Amendment of Thailand’s Copyright Act: The Good, the Bad, and the Backstory

Subscribe to Updates

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 orders to remove infringing content, even though, technically, most of them were not capable of doing so. As such, the limitation of liabilities or provision of “safe harbors” for ISPs under Section 32/3 was not practically feasible. The Department of Intellectual Property thus initiated amendments to this law, with the goal of enhancing copyright protection in accordance with the WCT, clarifying ISPs’ safe harbors, adopting a notice-and-takedown system, and revising provisions on technological protection measures

Summary of the 2022 Amendments

Two notable changes introduced by the amended act are simple: an extension of the term of protection for photographic works to be the author’s lifetime plus an additional 50 years after the author’s death (an increase from the previous term of 50 years from the work’s creation), and a provision allowing members of the Copyright Committee to stay on the committee past the end of their term if new members have not yet been appointed to replace them.

However, a few other significant developments in the law are considerably more detailed. These are described below.

ISP Safe Harbors

The amended act classifies ISPs into four types:

  • Intermediary ISPs,
  • Caching ISPs,
  • Hosting ISPs, and
  • Search engine ISPs.

In addition, the amended act clarifies that “users” of ISPs are legally defined as such regardless of whether payment is required.

With these definitions established, the amended Copyright Act replaces the problematic Section 32/3 (described above) with a new section titled “Exemption of Liability of ISPs.” This newly drafted section sets out both general and specific requirements for ISPs to be exempted from liability for copyright infringement:

  • General requirements: ISPs must have explicitly announced and complied with their policies to terminate service to users who are repeat infringers. This requirement applies to all types of ISPs as a general rule.
  • Specific requirements: Each ISP must also comply with specific requirements based on its services and technical activities. Under the amended act, the obligation to remove data or block access is only for caching ISPs, hosting ISPs, and search engine ISPs. This clarifies that intermediary ISPs are not required to remove data from or block access to their systems. It is also clear that only hosting ISPs and search engine ISPs are required to provide channels for copyright owners to report infringing content.

Notice-and-Takedown System

The steps in the amended act’s notice-and-takedown procedure are as follows.

  • Under the amended act, copyright owners can send a notice of infringement to inform hosting ISPs or search engine ISPs of allegedly infringing data.
  • An ISP that has been notified must take down the data, its references, and any access points from their system, or block access, without delay. The ISP must subsequently notify the user who posted the allegedly infringing material to allow the user to oppose the removal by sending a counternotice to the ISP.
  • If such a counternotice is received, the ISP then has to forward a copy of the counternotice to the copyright owner and notify the copyright owner that it will bring back the removed content or cease blocking the access within 30 days of receiving the counternotice.
  • After the 30-day period ends, unless the copyright owner files a lawsuit against the alleged infringer/user, the ISP is required to restore the data or cease blocking access to it within 15 days.

To prevent ill-intentioned filings, the amended act prescribes that anyone who files a false notice (such as one from someone other than the copyright owner) or false counternotice is liable for any damages arising from that action.

Technological Protection Measures

The amended act revises the definition of technological protection measures (TPMs), broadening the scope to refer to technology designed to protect the rights of a copyright owner or a performer (rights control), and technology designed to effectively control access to a copyrighted work or to a recording of a performance (access control). Therefore, the new definition covers both rights-control and access-control TPMs.

In addition, the amended act revises the provision on TPM violations, defining any act rendering access-control TPMs ineffective as infringement of TPMs, and deleting the requirement of intention to infringe. As for the circumvention of rights-control TPMs, since it leads to actual copyright infringement activities, the circumvention is subject to higher penalties. The amended act further prohibits providing services to circumvent TPMs and imposes liability against anyone who manufactures, sells, distributes, or advertises products or devices intended to circumvent TPMs.

The exceptions for TPM violations in the previous Copyright Act were considered too broad. The amended act addresses this by removing its stipulation of exceptions, instead specifying that the exceptions will be laid out in ministerial regulations to be issued later.

The Good and the Bad

Thailand’s amended Copyright Act contains several positive developments and benefits. First, it increases the length of protection for photographic works to be in line with international standards. Second, the changes to TPM provisions will strengthen enforcement options. Third, the amended act provides mechanisms for hosting ISPs and search engine ISPs to provide easy and accessible channels for reporting infringing content. This should make it easier for copyright owners to report alleged infringing content, and it may also create greater incentives to report such content and thus provide copyright owners and users with greater protection against online infringers. Also, as long as ISPs properly comply with the new procedures, they will be within safe-harbor boundaries that exempt them from liability for the alleged copyright infringement.

However, as this notice-and-takedown system follows the one provided by the United States’ Digital Millennium Copyright Act, which has been in place since 1998, it may not be the most effective measure to cope with current trends in online infringement, particularly with the emergence of different types of social media platforms, online marketplaces for new types of digital content (such as NFTs) and possibly more complex metaverse platforms in the near future.

In addition, the amended act requires that before notifying an ISP of infringing content, copyright owners must take into consideration the allowable exceptions. This means that copyright owners must consider whether the alleged infringing content actually conflicts with the normal exploitation of a copyrighted work by the copyright owner and unreasonably prejudices the legitimate interests of the copyright owner, or whether it possibly falls within the scope of exceptions. It is unclear how copyright owners are to prove the fulfillment of this requirement.

We believe that the amended Copyright Act will equip copyright owners with broader and more advanced tools to tackle copyright infringement as it occurs today. The safe harbor provisions will be greatly beneficial to ISPs whose systems comply with the law. Skepticism remains, however, over how well the system will work in practice and whether these provisions will encourage ISPs to establish internal policies and systems in order to be exempted from liability. Therefore, it will be important for copyright owners to keep a close eye on developments once the amended law comes into effect.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

January 30, 2026
On December 26, 2025, the government of Vietnam promulgated Decree No. 341/2025/ND-CP on administrative sanctions for violations of copyright and related rights (Decree 341), with an effective date of February 15, 2026. The new decree replaces Decree No. 131/2013/ND-CP, as amended, and represents the first comprehensive revision of the administrative enforcement framework in this area in eight years. Legislative Context and Objectives Decree 341 reflects Vietnam’s evolving copyright and related-rights framework, particularly in light of the country’s commitments under bilateral, regional, and multilateral treaties governing the digital environment. While the decree retains a number of provisions from the previous regime, it also introduces significant amendments to infringing acts, penalty thresholds, remedial measures, and enforcement procedures. The primary objectives of the new decree are to (i) enhance the deterrent effect of administrative sanctions; (ii) harmonize sanctions with the 2025 amendments to the Law on Intellectual Property and criminal law principles; and (iii) address enforcement challenges arising from online and cross-border exploitation of copyrighted works. Expanded Scope of Sanctionable Subjects Under Decree 341, administrative sanctions apply not only to Vietnamese entities committing infringing acts within Vietnam, but also to Vietnamese and foreign entities that commit acts of infringement on the internet where the protected content is accessed, consumed, or exploited by users in Vietnam. This expansion reflects the realities of cross-border digital exploitation. However, the decree does not yet provide precise definitions of key terms such as “users” or “consumers” of digital content in Vietnam, which may require further regulatory clarification. Monetary Penalties and Penalty Structure The statutory maximum fines remain unchanged, at VND 250 million for individuals and VND 500 million for organizations, but the penalty framework is substantially restructured. Fines are now calibrated based on three core criteria: (i) the amount of illegal profit obtained; (ii) the level of
Read More
January 30, 2026
Vietnam’s Intellectual Property (IP) Law, despite being amended in 2022, underwent another significant revision at the end of 2025. The latest amendment aimed to address five major policy objectives set by the Vietnamese government, including promoting innovation, digital transformation, and international integration. Among the most notable changes in the 2025 IP Law, which takes effect on 1 April 2026, is the expansion of industrial design protection under Article 4.13. The revised definition now includes partial designs and intangible designs, marking a transformative shift in Vietnam’s industrial design regime. This change has particularly significant implications on designs classified under Class 32 of the Locarno Classification—which covers graphic designs, logos, ornamentation, surface patterns, arrangements, and other intangible products. These designs, previously excluded from protection in Vietnam, are now recognized under the new legal framework. Background: Status of Class 32 Designs Before 2026 Th Intellectual Property Office of Vietnam currently applies the 13th edition of the Locarno Classification for industrial design filings. However, not all classes in this system have historically been eligible for protection. Under the 2022 IP Law, Class 32 designs were explicitly excluded based on the following legal grounds: Definition under Article 4.13 (2022 IP Law): “An industrial design is the external appearance of a product or a component for assembly into a complex product, expressed in shapes, lines, colors, or a combination thereof, and visible during the exploitation of the product’s utility or the complex product.” Product requirements under Article 21.2 of Circular 23/2023/TT-BKHCN: A product is defined as an object, a tool, a device, or means, manufactured by industrial or handicraft methods, with clear structure and function. A component for assembly into a complex product must be capable of independent circulation and detachable from the complex product. Based on these definitions, Class 32 designs, such as graphical
Read More
December 30, 2025
The Intellectual Property Office of Vietnam (IP Office), with support from the Japan International Cooperation Agency (JICA), is drafting additional annexes to its Guidelines for Patent Examination, focusing on the examination of patent applications in the pharmaceutical and biotechnology sectors. The new annexes are expected to be officially issued in early 2026 as Annexes III and IV, following the successful issuance in 2023 of Annexes I and II addressing computer program-related inventions. The IP Office recently organized a seminar to gather feedback on the draft annexes from intellectual property representatives, academic institutions, research institutes, and other interested parties, emphasizing its intention to receive further constructive opinions to refine the guidelines for pharmaceuticals and biotechnology. Why These Guidelines Matter Patent examination in Vietnam has traditionally relied on the Guidelines for Patent Examination issued under Decision No. 487/QD-SHTT (2010), recently supplemented by Annexes I and II. While these documents provide a solid foundation, they do not fully address practical challenges in examining pharmaceutical and biotech inventions, particularly issues related to clarity, sufficiency of disclosure, enablement, features of function and utility, combination therapies, and inventions involving artificial intelligence (AI) applications in these fields. Annexes III and IV aim to close these gaps by introducing structured principles and illustrative examples. Guidance on Patent Specification Requirements Annex III provides detailed guidance on the requirements for patent specifications in pharmaceuticals and biotechnology, covering two main parts: Part A addresses sufficiency of disclosure, clarity of specifications, and consistency between claims and descriptions. Part B covers inventions related to Markush-type compounds, claims containing exclusion statements (disclaimers), and additional experimental data submitted during examination. The Guidelines outline specific disclosure requirements for subject matters such as compounds, formulations, pharmaceutical compositions, genes, polypeptides, proteins, vectors, transgenic organisms, modified organisms, and hybrid cells. Annex III emphasizes that disclaimers are not accepted
Read More
December 17, 2025
Vietnam’s National Assembly approved wide-ranging amendments to the Intellectual Property (IP) Law on December 10, 2025, marking one of the most significant overhauls of the country’s IP regime in recent years. The changes, which supplement and refine existing provisions, are designed to align Vietnam’s framework more closely with international standards while addressing practical challenges faced by rights holders and practitioners. The amendments will come into force on April 1, 2026. The most notable changes are detailed below. Recognition of partial and nonphysical industrial designs: Industrial design protection has been broadened to cover partial designs and nonphysical forms (class 32), explicitly extending rights to parts of products that are not independently circulated as well as digital and intangible product appearances. The law clarifies that the external appearances of nonphysical products are protected industrial designs, and circulation of digital copies of any part of that appearance will be treated as an act of using the industrial design. The provision on the industrial applicability of industrial designs has also been amended accordingly to include the uniform reproduction of nonphysical products in cyberspace. Resolving conflicts between overlapping rights: The IP Law provides a safeguard against conflicts when a single subject matter is protected by multiple IP rights. Where overlapping rights exist, the later-arising right will be terminated if its exercise interferes with the normal exploitation of an earlier right. The decision to terminate such a later right rests with the court. Use of published data for AI training: Organizations and individuals may use lawfully published and publicly accessible documents and data for scientific research, testing, and AI system training. Such use must not unreasonably prejudice the rights or legitimate interests of authors or IP rights holders. Where the documents and data fall under copyright or related rights protection, their use must also comply
Read More