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

September 3, 2019

Marrakesh Treaty and Exemptions to Copyright Infringement for Disabled Persons in Thailand

Subscribe to Updates
Informed Counsel

On January 28, 2019, Thailand, as a member state of the World Intellectual Property Organization (WIPO), became the 49th contracting party to accede to theO Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print-Disabled, which became legally binding on Thailand on April 28, 2019. In order to comply, Thailand enacted an amendment to the Copyright Act B.E. 2537 (1994) which became effective on March 11, 2019, in the form of Copyright Act (No. 4) B.E. 2561 (2018).

This article examines the purpose of the Marrakesh Treaty, discusses how the latest amendment to Thailand’s Copyright Act attempts to implement the country’s obligations under the treaty, and examines how the Copyright Act (No. 4) may result in unexpected controversy.

The Marrakesh Treaty

The Marrakesh Treaty is intended to help the visually impaired access copies of printed materials by allowing “authorized entities” to create accessible versions of them without having to seek the prior agreement of, or paying a royalty to, the copyright owner. The Marrakesh Treaty aims to improve the availability of printed works in accessible formats for visually impaired persons worldwide, and the new legislation—Copyright Act No. 4—is intended to pursue that goal by easing the circulation of such materials to defined authorized entities and persons within Thailand and on the international market.

The most significant change in Copyright Act No. 4 pursuant to that goal is section 32/4, and the enabling secondary legislation under the Notification of the Ministry of Commerce B.E. 2562 (2019) issued on February 28, 2019, which together provide an exemption to copyright protections to enable access to published works by disabled readers (as defined in the act).

Exemption Under the New Act

The exemption from copyright infringement under the new act applies to people with visual, hearing, physical, or intellectual disabilities or learning disorders, and to authorized entities founded and operating for the benefit of such individuals, conducting business on a non-profit basis only. The act designates that the steps leading to claiming an exemption must not be in conflict with the copyright owner’s normal exploitation of their copyrighted work, which could then lead to an unreasonable prejudice of the copyright owner’s legitimate right. It is important to note that an authorized entity is required to put in place certain measures to ensure that other persons, who do not meet the definition of “disabled persons” under the act, are not able to access the copyrighted works made available strictly for those who do meet the definition.   

However, the wording of the provisions under the new act has raised a number of interesting issues related to the prevention of misuse of this humanitarian exemption, and the potential for it to be used as a backdoor to copyright infringement.

Definition of Disabled Persons

Some controversy has been raised regarding the definition of “qualified disabled persons,” as stipulated in Copyright Act No. 4—notably that the term in the act seems to be much broader than required by the Marrakesh Treaty.

The Marrakesh Treaty limits the exemptions to copyright infringement provisions to “print-disabled persons”—a term which is broadly accepted to refer to visual impairment. However, Copyright Act No. 4 extends the exemption to “persons with visual, hearing, physical, or intellectual disabilities or learning disorders.” That expands the scope of exemption far beyond the Marrakesh Treaty requirements, raising difficult questions over how the scope of rights of disabled persons should be defined, and raising the potential for the rights of copyright owners to be eroded far beyond the intention of the WIPO members.

Limitations on Access to Copyrighted Works

In addition to providing too broad a scope of exemption regarding the definition of disabled persons, Copyright Act No. 4 provides potentially inadequate limitations to access, as it does not clearly specify what measures are appropriate to prevent exempted copyrighted works from being exploited by others. Copyright Act No. 4 does not set forth appropriate means to monitor whether an authorized entity, acting for those who are defined disabled readers, is operating within the scope allowed, despite the unreasonable prejudice to the copyright owner’s legitimate right that would arise in such a situation. For example, if an association that produced audiobooks for the visually impaired under Copyright Act No. 4 was found to also be making them available to non-visually impaired persons, Copyright Act No. 4 would provide no specific preventative measures, nor any remedy to the copyright owner.

Conclusion

Thailand’s amended Copyright Act is rooted in an admirable attempt to provide a clear humanitarian perspective to Thai copyright law, and to assist those with disabilities, pursuant to the global initiative to increase access to print works for the visually impaired. However, the amendments go far beyond that, leaving several controversial issues about which copyright owners and IP practitioners need to be cognizant in order to foster an adequate balance between copyright owners’ rights and the public interest. The advantages and disadvantages of the amended section 32/4 of Copyright Act No. 4 will become clearer in the future, once access to copyrighted works by defined disabled persons increases. In the meantime, copyright owners should be aware of the potential for misuse, and should remain vigilant toward the increased need to protect their rights.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

September 14, 2026
Myanmar’s first-to-file trademark registration regime under the Trademark Law 2019—which became fully operational in April 2023—provides mark owners with enhanced legal protection compared with the country’s former system. Correspondingly, the current system imposes more rigorous statutory requirements for obtaining, maintaining, and enforcing rights in marks. In this first-to-file trademark registration system, however, evidence of use remains particularly significant, as it may establish acquired distinctiveness, support a claim that a mark is well-known, and strengthen the owner’s position in both registration and enforcement proceedings. Accordingly, it can be said that this framework is underpinned by three key concepts: distinctiveness, well-known status, and, importantly, use of the trademark. Trademark Distinctiveness Under the Trademark Law, signs that lack distinctiveness are generally ineligible for mark protection. These signs include generic terms, basic shapes, unstylized single letters or numerals, and signs that merely describe the kind, quality, quantity, intended purpose, value, geographical origin, production time, or other characteristics of the relevant goods or services. However, a mark that would otherwise be refused on distinctiveness or descriptiveness grounds may be registrable if it has acquired distinctiveness through its use prior to the filing date. To show this, the applicant must demonstrate that the mark became distinctive to relevant consumers through continuous, exclusive, and good-faith use in trade within Myanmar. The burden of proving acquired distinctiveness rests with the mark owner. Accordingly, sufficient evidence demonstrating both use of the mark and the level of consumer recognition attained should be prepared in advance. Well-Known Mark Criteria Myanmar’s Trademark Rules, which govern the substantive examination of mark registration applications, establish criteria for determining well-known marks, aligned with international standards. Where an applicant claims well-known status—whether to overcome a refusal on relative grounds or to oppose a third party’s registration—the registrar will assess the claim based on the following
Read More
September 14, 2026
On August 23, 2026, Vietnam’s National Assembly passed Law No. 11/2026/QH16, amending the country’s Customs Law with effect from March 1, 2027. The amendments represent a substantial reform of Vietnam’s customs-based intellectual property enforcement regime. The reforms come amid considerable external pressure. In its 2026 Special 301 review, the US Trade Representative (USTR) designated Vietnam a “priority foreign country,” citing widespread counterfeiting, weak border enforcement, limited ex officio customs powers, and the absence of controls over goods in transit. Vietnam’s legislative response signals a commitment to bringing its border enforcement practices into line with international expectations. For IP rights holders operating in or through Vietnam, the amended law introduces several tools that substantially strengthen enforcement options at the border. Closing the Transit Gap One of the most consequential amendments is the extension of IP-related customs enforcement to goods in transit. Previously, Vietnam’s customs regime applied IP controls only to goods being imported or exported, a gap the USTR had specifically identified as enabling infringing goods to pass through Vietnamese ports with impunity. Vietnam’s geographic position as a logistics hub for Southeast Asia means that substantial volumes of goods transit its ports and free-trade zones. Extending enforcement to cover these shipments brings Vietnam closer to the standard set by the EU’s customs enforcement regulation and addresses a longstanding concern of multinational brand owners whose goods are frequently counterfeited in the region. Strengthened Suspension and Ex Officio Powers The amended law introduces a dual-track suspension mechanism (Article 73(2)). Customs authorities will suspend clearance upon request by an IP rights holder (or authorized representative) who provides evidence of IP ownership, evidence of infringement, and a financial guarantee. Customs can now proactively suspend clearance on an ex officio basis if, during inspection and monitoring, they discover “clear grounds” to suspect that imported, exported,
Read More
September 7, 2026
Indonesia’s Constitutional Court (Mahkamah Konstitusi) has reinstated a key provision limiting pharmaceutical patent protection, signaling a renewed commitment to balancing patent rights with public access to medicines. In its ruling to Case No. 255/PUU-XXIII/2025, the court partially granted a petition for judicial review of Law No. 65 of 2024, which had amended the country’s Patent Law, and ordered the restoration of a provision that had excluded certain pharmaceutical inventions from patentability. The decision took effect immediately upon its pronouncement at the court’s plenary session on August 28, 2026. Background The petition challenged the removal of article 4(f) from Law No. 13 of 2016 concerning Patents (Patent Law), as amended by Law No. 65 of 2024. Article 4(f) had excluded from patentability certain inventions relating to new uses of known substances. The petitioners argued that removing this provision would open the door to patent protection for second medical use inventions and facilitate patent evergreening—practices that can extend exclusivity periods, delay generic market entry, and reduce public access to affordable medicines. The petitioners included several patient advocacy and public-interest organizations: the Indonesian Dialysis Patients Community Association, the Indonesian Association of Drug Abuse Victims (PKNI), the Indonesian Pulmonary Hypertension Foundation (YHPI), the Rekat Peduli Indonesia Foundation, and the Indonesian Positive Women’s Association (IPPI), along with the Indonesia for Global Justice Association and four individual petitioners. The petitioners also challenged the constitutionality of the phrase “interested party” in article 70(1) of the Patent Law, arguing that it should be construed expressly to clarify who has standing to appeal a decision to grant a patent before the Board of Patent Appeal, and to allow a broader range of parties—such as patent holders, licensees, consumer organizations, prosecutors, aggrieved third parties, and others who may suffer direct or indirect harm from the grant of a patent—to
Read More
September 2, 2026
Thailand and China have a longstanding and significant trade relationship, which increasingly extends to e-commerce and digitally enabled supply chains. While these channels create new opportunities for businesses to reach consumers across borders, their growth also brings greater exposure to intellectual property (IP) infringement across jurisdictions and online platforms. Effective cooperation between the two countries’ enforcement authorities has therefore become increasingly important. To strengthen cooperation in this area, Thailand and China signed a memorandum of understanding (MOU) on IP enforcement in Beijing on July 20, 2026, during the Thai prime minister’s official visit to China. Officially titled “Memorandum of Understanding Between the State Administration for Market Regulation of the People’s Republic of China and the Ministry of Commerce of the Kingdom of Thailand on Cooperation in the Field of Intellectual Property Enforcement,” the MOU forms part of a broader bilateral agenda covering industrial and supply chains, participation by micro, small, and medium-sized enterprises (MSMEs), cooperation associated with the ASEAN–China Free Trade Area 3.0, and progress on the registration of Thai geographical indications in China. The MOU establishes a bilateral framework for cooperation and coordination in five broad areas: Strengthening dialogue in IP enforcement; Enhancing information sharing; Facilitating the enforcement of IP rights in cases arising in the parties’ domestic markets and on online platforms, in accordance with their respective domestic laws; Promoting cooperation in IP enforcement training and human resource development; and Undertaking other cooperation activities agreed upon by both sides. The Department of Intellectual Property (DIP) will serve as the principal coordinating agency for Thailand, while the Bureau of Law Enforcement and Inspection in China’s State Administration for Market Regulation (SAMR) will serve in that role for China. The framework is particularly relevant to the growth of e-commerce, as it covers infringement in the domestic markets and on
Read More