|
|
| |
|
 Articles |
Legal News |
Thailand Lawyer |
Links |
Home |
CHAPTER 8 PENALTIES
----------------------------------Section 69. Any person who infringes the copyright or the performer's rights according to Section 27, Section 28, Section 29, Section 30 or Section 52 shall be liable to a fine from twenty thousand Baht up to two hundred thousand Baht.
If the offence in paragraph one is committed with commercial purposes, the offender shall be liable to imprisonment for a term from six months up to four years or to a fine from one hundred thousand Baht up to eight hundred thousand Baht, or to both.
Section 70. Any person who commits a copyright infringement according to Section 31 shall be liable to a fine from ten thousand Baht up to one hundred thousand Baht.
If the offence in paragraph one is committed with commercial purposes, the offender shall be liable to imprisonment for a term from three months up to two years or to a fine from fifty thousand Baht up to four hundred thousand Baht, or to both.
Section 71. Any person who fails to give statements or to furnish documents or materials in compliance with the order of the Board or the sub-committee issued according to Section 60 paragraph three shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding fifty thousand Baht, or to both.
Section 72. Any person who obstructs or fails to provide assistance to a competent official who performs his duty according to Section 67 or defies or ignores the order of the official who issues the order according to Section 67 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding fifty thousand Baht, or to both.
Section 73. Any person who has committed an offence and has been punished by virtue of this Act and subsequently commits an offence pursuant to this Act within five years after being discharged from the penalty shall be liable to twice as much penalty as that provided for such offence.
Section 74. In case a juristic person commits an offence pursuant to this Act, it shall be deemed that all directors or managers of the juristic person are joint offenders with the juristic person, unless they can prove that the offence committed by the juristic person is beyond their knowledge or consent.
Section 75. All things made or imported into the Kingdom which constitute an infringement of copyright or performer's rights by virtue of this Act and the ownership of which still vests in the offender pursuant to Section 69 or Section 70 shall devolve on the owner of copyright or performer's rights; provided that all things used for committing the offence shall be forfeited.
Section 76. One half of the fine paid in accordance with the judgement shall be disbursed to the owner of copyright or performer's right; provided that the right of the owner of copyright or performer's rights to bring a civil action for damages for the amount which exceeds the fine that the owner of copyright or performer's rights has received shall not be prejudiced.
Section 77. The Director-General shall have the power to settle the offence by imposing the fine for the offence pursuant to Section 69 paragraph one and Section 70 paragraph one.
TRANSITORY PROVISION
-------------------------------------Section 78. The existing copyright works by virtue of the Act for the Protection of Literary and Artistic Works B.E. 2474 or the Copyright Act B.E. 2521 on the day this Act comes into force shall be protected by this Act.
The works which have been made before this Act comes into force and which are not copyright works by virtue of the Act for the Protection of Literary and Artistic Works B.E. 2474 or the Copyright Act B.E. 2521 but become copyright works by virtue of this Act shall be protected by this Act.
Countersigned by :
Chuan Leekpai
Prime MinisterNOTE :- The reason for the promulgation of this Act is as follows:
Whereas the Copyright Act B.E. 2521 has long been in force, the provisions therein become inconsistent with the changing internal and external circumstances particularly the development and expansion of domestic and international economy, trade and industry, the copyright protection measures therefore should be improved to be more efficient so as to accommodate those changes and to promote the increasing creation of work in literary and artistic domain and other relevant fields. This Act so be enacted.
Ministerial Regulation* (B.E. 2540)
Issued under the Copyright Act B.E. 2537
---------------------------------------By virtue of Section 5 and Section 15 paragraph 2 of the Copyright Act B.E. 2537, the Minister of Commerce hereby issues the Ministerial Regulation as follows:
Clause 1. Whether any licensing condition pursuant to Section 15(5) is of the manner of unfair restriction of competition or not must be considered on a case by case basis by taking into account the purposes or the intent to cause the unfair restriction of competition as well as the result which occurs or may occur from such condition.
Subject to the foregoing paragraph, licensing conditions pursuant to Section 15 (5) of the following manners shall be deemed the conditions that unfairly restrict competition.
(1) A condition binding the licensee to obtain materials used in the production of the licensed work in whole or in part from the copyright owner or from the seller specified by the copyright owner either with or without remuneration, unless the condition is necessary to make the copies fulfill the standard as set by the copyright owner, or the materials are not available from other sources within the territory and the remuneration is not higher than the price of materials of equal quality which are obtainable from other persons.
(2) A condition prohibiting the licensee to obtain materials used in the manufacture of the licensed work in whole or in part from one or several sellers specified by the copyright owner, unless the omission of the condition would make the produced copies fail to fulfill the standards set by the copyright owner, or the materials are not obtainable from other sources in the territory.
(3) A condition or restriction binding the licensee concerning the employment of persons to produce the copies of work under the license, unless it is necessary to make the copies fulfill the standard as set by the copyright owner or to keep the trade secret of the copyright owner or to render necessary technical service.
(4) A condition stipulating a royalty rate for the copyright license which is unfair when compared to the rate stipulated by the copyright owner in another license for the same copyright work in which the said licensee has similar relationship or status and the license takes place at the same period of time.
(5) A condition or restriction binding the licensee concerning the research or study of the licensed copyright work.
(6) A condition binding the licensee to assign the copyright in the work adapted or developed from the licensed copyright work to the copyright owner or to any other person, or to authorize the copyright owner or another person to hold exclusively the right with respect to the adapted or developed work unless the copyright owner or the said person shall pay reasonable remuneration to the licensee.
(7) A condition in favor of the licensor to terminate the license arbitrarily and without reasonable cause.
Clause 2. Licensing conditions pursuant to Section 15 (5) of the following characteristics shall be deemed the conditions that are in the manner of unfair restriction of competition.
(1) A condition binding the licensee to use other copyright works of the copyright owner with remuneration for such use, unless it is necessary to use those copyright works together or to connect a technology work system or to make the copies of work fulfill the standard as set by the copyright owner.
(2) A condition prohibiting the licensee to use a copyright work of another person, unless it is necessary to lay down such condition in order that the utilization of the licensed work would generate a result as set by objectives or goals, or to connect a technology work system.
Given on 14th February B.E. 2540
Narongchai Akaraseranee
Minister of Commerce