Copyright Infringement in Thailand
Under the revised Copyright Act, provision of taking three types of action against copyright pirates has been made, viz criminal action, civil action and border measure action. Under the criminal action, any person who commits piracy against another person's copyright will be liable to a huge fine or imprisonment for 6 months to 4 years or both. In case the infringer pays the fine, fifty percent of the amount of the fine will be paid to the affected party i.e. copyright owner. Under the civil action, apart from the above, the copyright owner is also entitled to file a civil suit against the infringer to prohibit the infringer party from further involving in infringing activity and to claim for damages. While under the Border measure action, any importation or exportation of the counterfeit goods shall be prohibited and the person who is involved in such activity shall be held liable and punished under the Thai Custom Act. However, this provision is silent on other IP works such as patent, trade secret, geographical indication, etc. However, in order to control importation/exportation of goods, the Thai Govt. has issued notification stating that the IP owners will cooperate closely with the Customs Office to exchange information regarding infringing activities at the border and will jointly inspect any suspicious shipment of goods exported from or imported into the territory. In order to achieve the objective, the Prime Minister of Thailand has announced rewards for the IP infringement cases to officials which raid or a person who provides information that could lead to such a raid.
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