COPYRIGHT REGISTRATION- INVESTIGATION AND EFORCEMENT DIVISION

At RWT, we are continually striving to be in the forefront of all IP issues including copyright matters. With an International Portfolio including some of the largest brands and companies in the world, our copyright division is consistent in developing proactive and innovative legal strategies in terms of Copyright and Trademark investigation and enforcement. As always, our goal is to both maximize and protect the commercial potential of brands, ideas and technological advances.

With our qualified and skilled staff in place, RWT has become a market leader in numerous IP related areas including copyright related matters around the globe. We help our clients to obtain the full benefit of their copyright assets through registration and licensing, investigation of infringement and enforcing the copyrights of our client where needed and follow-up prevention of further infringement of the copyrights. We have experienced litigators and copyright lawyers throughout the ASEAN community, including major cities where infringing activity and importation of infringing goods often occurs. Our connectivity from ground level up to the major players allows us to coordinate copyright enforcement and defensive activities for our clients providing cost-effective solutions for the client.

Generally, in Thailand, copyright protection continues for the life of the author plus 50 years. Copyright begins at the time of creation, but Thailand also provides for the registration of copyrights. This helps to determine the rightful owner in case of disputes or if a civil action is needed. Some items are not copyrightable. Daily news, government regulations or legislations, and judicial decisions cannot be copyrighted.

Under the Thai Copyright Act of 1994, reproduction or communication to the public of copyrighted material is deemed to have violated the copyright act. Any person who knowingly or it is proven that they should have known of a copyrighted entity and sells, communicates to the public, distributes, or imports such goods into Thailand is deemed to have violated Thai copyright.

A person is not deemed to be infringing on a copyright if the act is not in conflict with a normal exploitation of the copyright work and is not unreasonably prejudicing the legitimate interests of the copyright owner. There are exemptions to the copyright law. The following are legislatively not deemed infringement of copyright.

  1. Research or work study for a non-profit purpose
  2. Use for personal benefit or for the benefit of family members
  3. Commenting, criticism, or introduction of the work with acknowledgement of the true owner of the copyright of the work
  4. News reporting through mass media with acknowledgement of owner of copyright
  5. Reproduction for judicial or administrative proceedings
  6. Reproduction for teaching at a non-profit institution
  7. Use of work as part of a question and answer in an examination

The penalty for infringing on copyright is 20 to 200 thousand baht if the copyright occurred for non-commercial purposes. The penalty increases to imprisonment for a term of six months to four years and fine of up to 800 thousand baht if the infringement was done for commercial purposes. If the copyright owner has filed a civil lawsuit, the copyright owner has a right to half of the assessed fine.

Our Copyright Registration Division at RWT provides a highly experienced investigation and enforcement division who work in tandem with the Economic Crime Division of the Royal Thai police and the Department of Special Investigations to aid in the enforcement of infringement matters. This highly specialized division has the flexibility and experience to undertake cases that are driven on results for our clients. We are fully engaged to serve each client with years of hands-on knowledge and understanding in this field, many of our clients look to us to establish, maintain and protect their portfolio of brands.

 

As a result of our client focus and positive results that follow, RWT has risen quickly as one of the top IP firms for copyright, trademark, software license compliance and many others in The Kingdom of Thailand..