Q & A Concerning Copyright
Q: If the company employs Mr.C to create a work by using the company’s equipment and information. Who should own a copyright over the said work, the company or its employee, Mr.C?
A: Mr.C is the copyright owner of the said work, unless there is an agreement between the company and Mr.C stating otherwise. This is in accordance with Section 9 of the Copyright Act of 1994.
Q: Do I have to apply for a copyright registration to obtain protection under the Thai Copyright law?
A: No registration is required. A copyright subsists when creation of a work is completed.
Q: If someone infringes my copyrighted work, what course of action is available for me to pursue.
A: A copyright owner is entitled to take both civil action (by filing a plaint with the Central Intellectual Property and International Trade Court) or criminal action (by filing a complaint with a police or by filing a criminal lawsuit directly with the IP&IT Court).
Q: Since no registration is required, this means that my copyright work would be protected forever.
A: No, a term of protection is for the life of author and continues for fifty years after the death of the author. For a photographic work, audiovisual work, cinematographic work, sound recording or audio and video broadcasting work, it is protected for a term of fifty years as from the authorship. But for a work of applied art, the term of protection is for 25 years as from the authorship.
Q: I heard that design of a product is registrable under the Thai Trademark law, I wonder whether I can apply for a trademark registration of my design (already protected as a copyright work).
A: Yes, your copyright work can be protected/registered under the Thai Trademark law if it meets the requirements set forth in the said law.
Author: Partner
Phatthrawat Nakaranuruck 
OUR PUBLICATIONS