Proposed Amendments to the Copyright Act for WPPT Accession

Introduction:

On May 27, 2025, the Thai Cabinet convened to discuss key legislative proposals, including the Ministry of Commerce’s draft amendment to the Copyright Act B.E. 2537 (1994) and Thailand’s prospective accession to the WIPO Performances and Phonograms Treaty (WPPT). These proposals stem from a survey conducted by the Department of Intellectual Property (DIP), which evaluated the effectiveness of Thailand’s existing copyright framework in meeting global standards. This article outlines the survey’s key findings, the rationale for the proposed amendments, and their significance for Thailand’s intellectual property landscape.

Survey Findings:

The DIP’s survey, conducted to assess the alignment of Thailand’s Copyright Act with international intellectual property obligations, highlighted several deficiencies in the current legal framework. Key findings include:

1. Inadequate Protection for Performers’ Rights: The existing Copyright Act provides limited protections for performers, particularly concerning their moral and economic rights over audiovisual performances and sound recordings. The WPPT requires robust safeguards, such as the right to authorize or prohibit the reproduction, distribution, and communication of performances to the public, which are not fully addressed in the current Copyright Act.
2. Insufficient Phonogram Producer Protections: The survey identified gaps in protections for phonogram producers, such as the right to control the commercial exploitation of sound recordings, including digital distribution and broadcasting. These gaps hinder Thailand’s compliance with WPPT standards, which emphasize equitable remuneration for producers.
3. Digital Environment Challenges: With the rise of digital platforms, the survey underscored the need for updated provisions to address online piracy, unauthorized streaming, and digital reproduction of copyrighted works. The current Copyright Act lacks comprehensive measures to tackle these modern challenges, necessitating alignment with WPPT’s provisions for digital rights management.
4. Economic and International Implications: The survey emphasized that non-compliance with WPPT standards could limit Thailand’s participation in global intellectual property frameworks, impacting trade negotiations, particularly with partners like the United States, as evidenced by the proposed Thailand Intellectual Property Work Plan with the USTR.

Proposed Amendments:

The Ministry of Commerce’s draft amendment to the Copyright Act aims to address these shortcomings by:

• Expanding protections for performers, granting them exclusive rights over their performances, including fixation, reproduction, and digital dissemination, in line with WPPT Articles 6–10.
• Strengthening phonogram producers’ rights, ensuring fair remuneration and control over commercial uses of sound recordings, as outlined in WPPT Articles 11–14.
• Introducing provisions to combat digital piracy and unauthorized use of copyrighted materials online, aligning with WPPT’s emphasis on technological protection measures.
• Facilitating Thailand’s accession to the WPPT, enabling integration into the global intellectual property framework, and supporting compliance with the TRIPS Agreement.

Key Takeaways:

1. Modernization of Copyright Law: The proposed amendments address critical gaps in Thailand’s Copyright Act, particularly in protecting performers and phonogram producers in the digital age.
2. Global Alignment: Accession to the WPPT will strengthen Thailand’s position in international intellectual property frameworks, enhancing trade relations and compliance with global standards.
3. Economic Benefits: Enhanced protections will incentivize creative industries, boost economic contributions from intellectual property, and attract foreign investment.
4. Digital Adaptation: The amendments will equip Thailand to address modern challenges like online piracy, ensuring a secure environment for digital content creation and distribution.

By implementing these changes, Thailand is poised to strengthen its intellectual property regime, support its creative economy, and fulfill its international commitments.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

• U.S. Tariff Developments Post Supreme Court Ruling
• FDA: Food and Drug Administration Proposes Revised Food Advertising Notification
• Employment vs Liberal Profession
• Labor: The Case of Continuous Employment After Retirement – A Landmark Ruling on Severance Pay Continuity
• IP: Strengthens Intellectual Property Governance Through Reform of the National IP Policy Committee
• IP Enforcement in Thailand: Strengthened Multi-Agency Operations and Significant Results in 2025–2026