A positive step forward in IP Law in Thailand and a new hope for Copyrighted Ownership Protection by updating legal issues of Copyright Infringement on Online Platforms:

Each year, the exponential growth of social media along with easily accessible E-Commerce platforms, the IP landscape regarding copyright infringement has changed dramatically. For example, the copyright issues that were always on the tip of the tongue for years regarding such things as bootleg movies and DVD sales has practically vanished. Even before the Covid-19 Situation, the trends of new technology such as Streaming Services and Smart TV had begun to change the focus of demand in hard copies.

With our culture so dependent upon technology and the rapid innovation in all industries dependent upon that for financial success that goes with it, these ongoing transformations in our society has made it practically impossible for the laws in place to protect Copyright Owners in most countries are unable to keep pace and provide a proper counteraction to these enforcement issues.

In most areas, the law needs to constantly evolve to match the changing times in our society. Due to either the vague language or inability to enforce previous archaic laws, Governments around the world and especially in the Kingdom of Thailand have continued to attempt and rectify this situation.

The major force of societal change in the buying and selling of goods came with the COVID-19 pandemic. This seismic shift became the main factor as people were no longer able to travel, shop, or even socialize which left millions of people locked away in their homes for months at a time.

Due to the restrictions placed both in the Kingdom of Thailand and around the world, most if not all onsite activities involving copyright infringement had to be moved online which has since caused an explosion in the criminally copyrighted marketplace.  In this area, the service provider is the main focus due to the fact that when any such infringement happens on an online platform, the responsible party for that platform may have to take liability for such actions taking place on that site. In order to provide proof that the service provider is not a supporter of the infringing activities that have taken place, the law also provides an opening for the service provider to release themselves from such liability.

In the previous Copyright Act, if the infringement occurs on any of the various platforms such as Facebook, YouTube, and others then the copyright owner was then able to remove the copyright infringement from the online platform ONLY by submitting the motion to the court to suspend the ability to gain access as well as to remove that copyright infringement from the system.

In this system, such actions by infringers and subsequent restrictions in the law to commence enforceable action causes the copyright owner to bear excessive responsibility by having to defend what is proprietorially theirs to begin with.

This process was deemed ineffective as it required too much time involved as well as the continued cost both in legal fees and lost sales revenue while the infringed goods are still Unauthorized Sales continuing to the public. Therefore, on the 23rd of February 2022, the legislature passed the Amended Copyright Act of 2022 in which will finally take effect in six months along with a handful of other legislative issues involving IP matters.

This amended act is clear in the intention that it stipulates that if the infringement occurs on an online platform, the copyright owner is entitled by the law to submit the take-down notice to the service provider directly.

The take-down notice as the anti-copyright infringement measurement will only be related between the copyright owner and service provider without any court involvement. In essence, the court will only associate with any aforementioned copyright issue when there is a dispute of that specific infringement.

As stated in the Amended Copyright Act 2022.Section 43/4 The service provider will be excluded from the liability if it is proven that they act in accordance with all following conditions.

(1) They Provide the data storage service according to the orders of the user and the service provider does not know that there is a copyright infringement in their computer system or there is no probable cause of such acknowledgement. Also, the service provider has removed or suspended such allegedly copyright-infringing work immediately after being notified and informed.

(2) No financial benefits directly obtained from copyright infringement.

(3) The service provider has already taken the channel to notify of any copyright infringement issues in place.

With these new forthcoming measures in place, the burden that was previously put upon the Copyright Owner as well as the time constraints involved expediting the matter with an overstrained Judicial system, the copyright owner will now have a much clearer path to protect the Copyrighted Entities efficiently and effectively as well as putting an immediate end to the illegal profiting by the infringer.

Author(s)

Supapath Srikamol

Kevin Harrington

RWT International Law Offices advances Gender Equality thru the official signing of the Women’s Empowerment Principles in association with the United Nations and European Union. 

RWT International Law Offices is proud to announce our official recognition as the 14th company in The Kingdom of Thailand as well as one of the first privately owned SME Law Firms which has actively adopted the United Nations Women’s Empowerment Principles (WEPs).

No sector of the economy has been put in a stranger spot by the Covid-19 crisis than e-commerce. Some e-commerce players have gone bust, while others like Amazon have cemented their place as cornerstones of the global market. For most e-commerce leaders, their stories land somewhere in between those extremes.

Even so, with 75 percent of millennials buying goods online during the pandemic they’d never bought before, the potential for a widespread e-commerce boom is still very much there. The last several months have made the industry more fractured and competitive than ever before — but some are looking to change up that attitude once and for all.

A ballooning market

Between April 2019 and April 2020, online retail orders grew by nearly 150 percent, an unprecedented spike that shows just how much lockdowns have accelerated the trend towards e-commerce. Digital sales are making up a larger and larger share of all sales nationwide, and the companies at the top are pulling in the lion’s share of the new business.

In the second quarter of this year, Amazon posted online sales of $88.9 billion as Walmart topped $10 billion in e-commerce action for the first time ever. As the world has scrambled to adopt an e-commerce-focused mindset, big companies with the infrastructure to handle high order volumes and same-day deliveries are crowding out smaller players. As suspicion grows that Amazon may be using its own platform to undermine its competitors, e-commerce businesses need the right resources in order to carve out their own portion of the market.

Changing e-commerce for the better

In response to this, more and more platforms are whipping up tools to help businesses break into the e-commerce world on their own. Freelancing platform Fiverr introduced a new tool called The Shift, designed to help streamline the transition from brick-and-mortar retail into the world of digital sales, and existing platforms designed to help facilitate e-commerce are regularly outpacing earnings estimates.

Now that there are more than enough tools available for someone to make the e-commerce business of their dreams, budding digital entrepreneurs need a few different kinds of resources in order to achieve success: guidance, mentorship, and insight.

Shaping e-commerce together

Hawke Media conceived, planned and executed its E-Commerce Week (which provides the sort of opportunities for learning, connecting and networking that are more difficult to come by than ever) in partnership with both the Mayor and City of Los Angeles, connecting it with one of the world’s most vital e-commerce ecosystems that is home to over 700 thriving e-commerce brands.

Because of the nature of the pandemic, however, the event will be fully digital, allowing anyone or any business from around the world to join in on the conversation. Featuring panels, keynotes, networking sessions, Q&As, and more, the conference is designed to be an even mix of learning and collaboration, ensuring that you’ll learn something new regardless of your experience in the industry.

Knowledge is always a powerful thing to have, but in times like these the old adage rings truer than ever: it’s not what you know, it’s who you know. Digital retail giants like Dollar Shave Club, Winc, Ritual, and FabFitFun will all be participating in E-commerce Week, meaning that attendees will be rubbing virtual shoulders with the titans of their industry — just the kind of cross-pollination e-commerce needs in order to thrive.

Collaboration has always been the name of the game in e-commerce, and 2020 has made that more true than ever. The next several months are going to be a crucial period in e-commerce history, determining who the viable players will be for the next generation of virtual shopping.

If you are planning on opening a new business in Thailand or currently using a E-Commerce platform to sell your products, RWT and our trusted partners around the globe will help you attain the key knowledge needed to expand your business as well as protect your investment with experienced professionals who offer the exemplary client services skills you will need for each step of the way! As always, we are happy to assist small and medium sized businesses to help bring Dreams to reality and expand your market share for the future!

Please feel free to contact Kevin Harrington, International Business Consultant, at info@rwtlaw.co.th for a free consultation (Subject Line -Attn: Kevin) and let’s discover how your business can take advantage of the opportunities available to thrive in this global economy and online specific marketplace.

The Ministry of Commerce conducts first ever Live Streaming Destruction Ceremony of Counterfeit Products

On September 9^th 2020, the Office of the Permanent Secretary Ministry of Commerce in conjunction and including all levels of law enforcement, legal enforcement representatives, as well as brand representatives joined together for a unique Destruction Ceremony coordinated worldwide thru live stream and in person at the Ministry of Commerce.

The Deputy Minister of Commerce, Mr. Weerasak Wangsuphakijkosol, presided over a Destruction Ceremony at the Ministry Offices. The event which was organized and in collaboration with the Department of Intellectual Property (DIP), the Internal Security of Operations Command (ISOC), the Royal Thai Police, the Customs Department and the Department of Special Investigation (DSI).

This annual ceremony provided the attendees with the unique setting via live streaming this year where remotely filming the destruction sites in Chonburi province and Saraburi province. Global Representatives from both public and private agencies, foreign dialogue partners, and the members of the various Diplomatic Corps which participated both in person as well as thru the Zoom meeting.

During his statement to all those in attendance, Mr. Thosapone Dangsuoutra, the Director General of the Department of Intellectual Property, revealed that there was a total of 785,376 items of both pirated and counterfeit goods with a street value worth roughly 354 million baht which were summarily seized and destroyed during and following the ceremonies.

On behalf of RWT, we would like to thank all those Agencies, Ministries, and Law Enforcement for their dedication and focus on the disruption of counterfeit being sold in the Kingdom of Thailand.

Over 300 guests were on hand at this gala event recognizing both the Thai and Expat Communities for their outstanding and innovative work as well as Thai Entrepreneurs who are the lifeblood of a vibrant Thai economy and the future of business in the Kingdom.

We would like to congratulate all the nominees in all categories including RWT International Law Offices and our Managing Partner, Rachadawan Kelar. RWT was chosen as one of the finalists in the “Best Small Company” category which resulted in 2nd Place finish.

In the more Prestigious Individual Awards of the evening, RWT is extremely honored to announce “The 2019 Entrepreneur of the Year” award winner Rachadawan Kelar, Managing Partner of RWT. Over the past 3 years, Rachadawan has taken a concept of a business and made it into a reality by creating a thriving full-service International Law firm in just over three years. In that time, RWT has doubled in size and scope while continuing to grow in one of the most highly competitive industries in Thailand and also the world. With a culturally diverse team featuring a young innovative core and 80% female workforce, RWT has continued to be innovative while never compromising on our current clients’ focus and results.

With a varied clientele including market leaders in numerous industries, Rachadawan’s vision and perseverance has helped bring RWT to the forefront as one of the leaders in the International legal community and as an innovative role model for future female leadership in Thai business

Thank you to all the nominees and winners from the event as well as British Ambassador Davidson, who made it a point to take the time to personally congratulate Rachadawan and RWT on the company’s success and bright future. In the meantime, we hope to contend in even more categories and events in the years to come!

Congratulations to the Entire RWT Team and Rachadawan!