Commentary on Draft Amendment to Copyright Act

The Department of Intellectual Property proposed for amendment to the current Copyright Act in order to mainly solve the issue of copyright infringement on the internet and to meet the international standards especially the WIPO Copyright Treaty (WCO) in which Thailand is required to enter into being a member.

Such amendment to the current Copyright Act has recently been considered by the Legal, Justice and Police Committee (“Committee”) of the Upper House Level, key’s consideration of the Committee for being used during the meeting of the Upper House Level are as follows:

engineer designing medical equipment
  1. The takedown notice shall be arranged in writing and shall include as least details as follows:
    • The copyright owner’s name and contactable address, telephone number or email address
    • The copyrighted work claiming as being infringed or examples of them on the service provider’s website
    • Sufficient computer data claiming that it has been created by infringer and data’s location or location where such computer data has been found so that the service provider is able to remove such infringing computer data from its system or suppress accessing into such computer data except as specified therein.
    • The content showing warrants that such claim is true.
    • The copyright owner’s signature or electronic signature.
  2. The Department of Intellectual Property should consider having those conditions of the take-down notice specified in the ancillary law for easy revision other than having the same specified in the Copyright Act itself.
  3. The term in regard to the computer data’s location or location where such data has been found is still not clear. It should be revised to be a source for dissemination of infringing data and also the term in regard to notice should be indicated to be as the notice in an electronic form or electronic written document.
  4. Takedown measure shall not cause-effect to other computer data which is not related to such infringing data and if that causes an effect, the protection and remedy measure for such other computer data shall be considered and provided.
  5. The copyright issue is an issue among the private sectors. It should be considered a compoundable offense.
  6. As copyright work can be protected without any registration. Once the protection period has lapsed, the means to allow the public knowing about that should be considered.

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