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Copyright
 
Copyright
Thailand commits the obligation to protect foreign copyright as Thailand has been a country member of the Berne Union since the accession to the Berne Convention for the Protection and Artistic Works in 1931.  The most important obligation as a member of the Union was to enact the copyright law complying with the Berne Convention as adopted by Thailand.   Accordingly, in 1931 Thailand passed the first internationally based copyright law entitled “the Act for the Protection of Literary and Artistic Works B.E. 2474” the content of which was similar to the Berne Convention as revised at Berlin in 1908.  This 1931 copyright law contains a number of provisions with respect to the protection of foreign copyright works.

As to the meaning of a Convention protecting copyright of which Thailand is also a member, it is understood that at the present time it includes the Berne Convention for the Protection of Literary and Artistic Works and the TRIPs Agreement.  Thailand, thus, is bound to protect copyright works of member countries of both international agreements.  The interpretation of the scope of the term in question is made clear in the Announcement of the Ministry of Commerce, issued pursuant to Section 61 of the Copyright Act, which enlists the names of member countries of a Convention protecting copyright or a Convention protecting performers’ rights.  The Announcement divides the list into two categories; i.e., Category A for the member countries of the Berne Convention for the Protection of Literary and Artistic Works and Category B for the member countries of the Agreement on Trade Related Aspects on Intellectual Property Rights (TRIPs).  The Announcement is subject to adjustment when the membership changes.
 
1. Characteristics of Copyright
 
  1. Exclusive Rights
  2. Property Right
  3. Limited Term of Protection
  4. Multiple Rights
  5. Independence from Ownership in the Work
2. Rights of Copyright Owner
 
  1. Exclusive Rights
  2. Right to Licensing
  3. Right to Assignment
  4. Rights to Disposal of Benefit
3. Author's Rights
 
  1. Right of Publication
  2. Right of Paternity
  3. Right of Integrity
 
Characteristic of Trademark
 
1. Trademark
Trademark is a mark used or proposed to be used upon or in connection with goods to distinguish the goods bearing the trademark of the proprietor from the goods using another person’s trademark.
 
2. Service Mark
A service mark is a mark used or proposed to be used upon or in connection with a service to distinguish the service using the service mark of the proprietor of such service mark from the service using another person’s service mark.
 
3. Certification Mark
A certification mark is a mark used or proposed to be used by the proprietor of the certification mark upon or in connection with another person’s goods or services to certify the origin, composition, method of production, quality or other characteristics of such goods or to certify the nature, quality, type or other characteristics of the service.
 
4. Collective Mark
A collective mark is a trademark or a service mark used or proposed to be used by companies or enterprises of the same group or by members of an association, cooperatives, union, federation, group of persons or other government or private organization.
 
Patent
The amendment of the Patent Act in 1999 makes a substantial change as to the qualifications of the applicants for patent.  The previous Act just requires that the applicant have Thai nationality or the nationality of a country that allows a person of Thai nationality to apply for a patent in that country.  The present law, which is amended so as to comply with the Paris Convention for the Protection of Industrial Property and the TRIPs Agreement, encompasses the following qualifications of the applicant.
 
(1) having Thai nationality or being a juristic person having its headquarters in Thailand;
(2)
having a nationality of a country which is a member of the Convention or the International Agreement concerning the patent protection of which Thailand is also a member;
(3)
having a nationality of a country which allows a natural person of Thai nationality or a juristic person having its headquarters in Thailand to apply for a patent in such country;
(4)
having a domicile or a real and effective industrial or commercial establishment in Thailand or a member country of the Convention or the International Agreement concerning the patent protection of which Thailand is also a member.
 
Rights in Trade Secret
The Act recognizes that the holder of trade secret has the rights to disclose, acquire or use the trade secret or authorizes others to disclose, acquire or use the trade secret with any conditions to maintain the secrecy thereof. This short provision, which mainly grants legal protection, involves a number of technical terms which are defined. 

Trade secret is a technical term, which needs a definition.  The Act elaborates the meaning of trade secret as trade information that is secret because it has not been generally known among or accessible to persons who normally deal with such information, and has commercial value because of its secrecy and, the person in control of trade secret has taken reasonable steps to maintain the secrecy. 

Trade information, as used in the definition of trade secret is also defined.  It means a thing that conveys the message of statements, matters, facts or any other subjects no matter the conveyance of message is made with any mode and form and shall include the formula, pattern, compilation of work, program, methods, techniques or processes.

copyright
By definition, the holder of trade secret means the person who -without violating rights in trade secret of another person- discovers, invents, compiles or creates trade information which is a trade secret or the person who is lawfully entitled to the test result or trade information which is a trade secret including the assignee of such rights.

The term “person in control of trade secret” as used in the provision giving rights in trade secret is defined as the holder of trade secret and includes the person who lawfully possesses, controls or keeps trade information which is a trade secret.

The rights in trade secret are transferable.  The holder in trade secret may assign his rights to another person by written evidence.  Besides, the rights may devolve upon the heirs of the right holder through inheritance.
 
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