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A. Latest Process
On September 29, 2020, the Thai Cabinet approved a draft amendment of the Copyright Act to National which has been reviewed by Council of States and submitted Assembly. The House of Representatives of the National Assembly of Thailand has been accepted the principles of the draft amendment of the Copyright Act at the first reading on January 27, 2021. The proposed of an amendment shall be reviewed within 7 days by Select Committee.
Recently, the Select Committee has been appointed the head and other internal positions to consider the draft amendment on January 29, 2021; the second and third meeting was also held on February 3, 2021 and February 10, 2021 respectively.
Key Takeaways
A. Added the definition of “Service Providers” and “Service User” and revised the definition of Technology Protection Measure”
B. Expanded the definition of “service providers”.
The draft amendment defined “Service Providers” as to include an intermediary service provider; a temporary computer data storage service provider; a computer data storage service provider; and a computer data locating service provider.
C. Limited liability of service providers.
Service providers shall be limited liability of copyright infringement as of their services. They must be service providers who announced the cancellation of services for a service consumer who clearly infringes copyright and follows the announced measure. Service providers must provide any of the following services.
- To be provided an intermediary service to transmit computer data through the automatic technic processing that not be an originator who transmit or select a computer data receiver and not alter the content of the said computer data.
- To be provided a temporary computer data storage service which does not alter the content of the said computer data, nor intervene by using technology to obtain information data of a service user, and have a system to keep computer data up-to-date.
- To be provided a computer data storage service that do not know, or have no reasonable cause to know that there is a computer data has infringed copyright on the system or computer network used and immediately remove such data out of the system or computer network or restrict the access to the said data when they know or receive a notification.
- To be provided a computer data locating service provider that do not know, or have no reasonable cause to know that there is a computer data has infringed copyright and immediately remove reference sources or access points to such data out of the system or computer network or restrict the access to the said data when they know or receive a notification.
D. Copyright infringement claims.
The draft amendment aims to protect manufacturers and vendors of devices used for hacking and to boost efficiency in restraining intellectual property violations on the internet and encourage the confidence for copyright owner.
Copyright owners can send a request to internet service providers (ISPs) to remove infringed online materials of copyright from websites without having time-consuming of court proceedings.
Moreover, copyright owners can send notices to such ISPs. After the notices are verified, ISPs have to remove pirated materials and inform the removal to those who posted.
In case of the infringed materials or contents is hosted in overseas, the copyright owner must file the petition to the court. The case will be taken to the court to order the suppression notice to such piracies.
E. Protection of photographic works.
The draft amendment aims to enlarge the protection on photographic work for the lifetime of the creator and for 50 years after his/her death.
F. Protection of audiovisual works, cinematographic works, and sound recordings or broadcastings.
The duration for copyright protection of a work in the form of audiovisual, cinematographic, and sound recordings or broadcastings will be 50 years from the date of creation. However, if such work has advertised during the said period, the protection shall be 50 years from the first advertised.
G. Compliances
This motivation of revision to the Copyright Act shall also make Thailand comply with the WIPO Copyright Treaty (WCT) and increase efficiency for protecting copyright modernizing of the changing of digital technology, including the improvement of the provision of the limited liability of service providers.
What’s next?
The Bill is currently being considered by the Select Committee and expected to be proposed to the House of Representatives for the Second Reading in approximately two months. We will continue to closely monitor and provide following updates on progress.
Should you have any further inquiries or require any assistance, please let us know.
Yours sincerely,
Somphob Rodboon
Managing Partner
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ILAWASIA Co., Ltd.
Patthariya Sirinunthaphapakorn
Associate
[email protected]
ILAWASIA Co., Ltd.
Nattaya Mahakunakorn
Associate
[email protected]
ILAWASIA Co., Ltd.