Tag: AI

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Thai Perspectives on AI Governance: Navigating Unique Realities Amidst Global Trends

With the recent successful approval of the AI Act in the European Parliament, policymakers worldwide are gearing up to develop comprehensive governance frameworks to support AI development and protect its users. Thailand, with its overarching national AI roadmap, is also developing a legal framework similar to the EU AI Act. However, it is crucial to note that Thailand’s unique context may not align perfectly with the EU’s approach. Diligently monitoring the effects and consequences of EU AI Act implementation, adapting to Thailand’s unique context, and leveraging Thailand’s capabilities to shape the country’s AI governance framework is of paramount importance.

On 9 February 2024, the AI Governance Clinic (AIGC) by the Electronic Transaction Development Agency (ETDA) conducted a webinar whereby Thai experts on AI gathered to discuss the direction of AI governance in Thailand. The AIGC, a leading authority in AI governance, plays a pivotal role in shaping the future of AI in Thailand. Unarguably, the experts point out that AI markets in Thailand are growing at an exponential rate; the adoption of AI in day-to-day business operations, as well as the number of AI developer startups, require effective governance to ensure the promotion of Thai AI to the international level and protection of users in the local level. Nonetheless, Thailand now lacks a clear governance direction, whether strong comprehensive AI regulations or self-regulation would be required and sufficient in Thailand’s context. 

In the interview on Policymakers set to prepare more AI rules with Bangkok Post given by the executive director of the ETDA, he mentioned that “Thai regulators view that Thailand is not in a rush to issue and impose strong and comprehensive AI regulations”. He also mentioned that “ETDA has prepared a draft law on the application of AI with good governance; such draft law will also govern the standardization of contracts between service providers and users of AI products or services and that the standardization of contracts would prevent problems arising from the users not knowing or not understanding the complex systems of AI”.  

clear mannequin on dark blue background

Without a solid and specific regulation, the ETDA prioritizes AI literacy, underscoring the importance of empowering users with the knowledge to discern and mitigate the risks associated with AI technologies, particularly concerning the proliferation of AI Deepfakes. The threat of AI Deepfakes, a type of Generative AI that can create synthetic media, whether still or moving images, voices, and sounds, creating an indistinguishable virtual identity of an individual, is a pressing concern. AI Deepfakes are often used in disinformation and hallucinating facts; the victims falling for AI Deepfakes, whether monetary damaged or not, are said to have been “AI Hallucinated.” While generative AI brings as much creation into modern society as possible, limits should be imposed. With this intricacy of balancing between the right amount of regulations, and the freedom to foster and promote new AI innovation, regulating AI requires the regulator to be very delicate in regulation drafting.

As Thailand charts its course forward in AI governance, it has a unique opportunity to not just follow global trends, but to lead. By leveraging its unique strengths and capabilities, Thailand can co-create a governance framework that not only addresses emerging challenges but also fosters innovation and inclusivity. By fostering collaboration between stakeholders, monitoring the impact of regulatory interventions, and embracing adaptability, Thailand can carve a distinctive path toward AI governance that reflects its values, aspirations, and economical and societal needs.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand prepares AI experts’ visas to support the AI industry.

Artificial Intelligence or “AI” is rapidly growing in importance worldwide. Recognizing this trend, The Thai government is prioritizing the development of AI capabilities to ensure the country does not fall behind. Various international forums have highlighted the significance of promoting ethical and responsible AI adoption. Thailand aims to position itself as a regional hub for AI investment and innovation.

AI trend in Thailand has a model from the European Union, Artificial Intelligence Act (“EU AI Act”) which is the regulatory framework for AI systems that are being used in various applications and will be analyzed and classified according to the risk that they pose to users. The EU AI Act is currently in the process of being enforced and implemented.

Currently, the Thai government has identified AI as a crucial area for boosting economic growth and competitiveness and has set ambitious goals to establish the country as a center for AI in the region. However, Thailand faces a significant shortage of AI experts, with an estimated need for 100,000 AI experts but only around 21,000 currently available. To address this gap, the government is exploring measures such as the Digital Scholarship Fund, offering 200% Tax deduction for AI courses, and also the Global Digital Talent Visa program to attract high computer-skill manpower and AI talent experts from worldwide top-ranked universities to work and fulfill lack of AI expert’s gap in Thailand.

Thai government is actively exploring ฟ special type of visa to attract AI experts and people with advanced computer skills around the world. It has promoted various targeted industries including the digital and smart electronics industry or AI industry that may impact and enhance the economic investment in Thailand under the authority of the Board of Investment (“BOI”). This proposed visa policy will eliminate unnecessary bureaucratic hurdles, allowing AI professionals to seamlessly integrate into the country’s AI projects, research institutions, and industry collaborations.

woman sitting on white sofa

Currently, the AI experts who work in the targeted industry can obtain the below visas and work in Thailand, providing them with the flexibility to work and reside in Thailand for extended periods. These visas will offer AI professionals and their families access to various benefits, including healthcare, education, and other social services, ensuring a conducive and supportive environment for their work and personal lives.

  1. SMART Visa or Smart Visa “T”: This is a visa type that is established to attract talented professionals including AI experts working in the targeted industries in Thailand. The visa holders will be granted for 4 years of validity to stay in Thailand, with multiple-entry, and is required to notify the duration of their stay to the Immigration Bureau every 1 year which is differed from the standard working visa (called “Non-B Visa”) that the holders are required to notify to the Immigration Bureau for their stay every 90 days.
  2. Long-Term Resident Visa – High Skilled Professionals (“LTR visa”) : This type of visa will be granted for 10 years with multiple-entry validity to stay in Thailand with a digital work permit to work in Thailand. As well, the visa holders are required notify to the Immigration Bureau every 1 year of their stay.

Author: Panisa Suwanmatajarn, Managing Partner.

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AI and Intellectual Property Protection

AI or Artificial Intelligence is an intelligent machine that could perform task and mimic some human ability which make a difficulty to future role of human. Currently, some AI could perform an artwork, but the following question is that if AI or non-human creature could generate artworks independently, will intellectual property law protect this non-human creativity.

high angle photo of robot

According to Berne Convention for the Protection of Literary and Artistic Works, there is no definition of the term “author”; however, it is known that in many counties including Thailand, the subject of the authorship needs to have skill labor and thus human ship is required. Importantly, artistic mind is a crucial part of the artwork which is an ability that AI or non-human creators cannot approach. For example, the starry night showing a dimness of night sky with a dark blue shade contrast with a yellow color interpreted the emotion turbulence of the artist called “Van Gogh”.

In United State, the protection under copyright law is not expanded to non-human creator. As a result, non-human author is unable to hold an ownership of the work. This statement was mentioned in Naruto, the monkey, selfies case. The case began with the accusation of PETA, the animal-right nonprofit organization, claimed that the photo shot by the monkey “Naruto” should not be owned by the defendant or the photographer. PETA claimed that the creativity should be upon humanity; thus, the organization requested that the defendant should pay for a royalty fee to the place where monkey lives. However, The US court disagreed and affirmatively ordered that animal was not capable to file a lawsuit since they were not legal persons under the copyright’s protection in the US. It could therefore imply from this decision that non-human creator could not hold the ownership of copyright. Only legal persons that the US copyright law recognize.

Interestingly, Australia court was the first country mentioning about the possibility of recognition of AI as an inventor. The judge had ruled that since the definition under Section 2C of the Interpretation Act 1901 does not include the term “inventor” as a person so AI could be an inventor. However, the higher court rejected this judgment and brought back to the decision that the copyright holder should be owned by a natural human.

man in black suit sitting on chair beside buildings

Under Thai legal system, the current Copyright Act defines the term “author” as a “person” who makes or creates any work which means that intellectual property law in Thai currently protects only human’s work. It is therefore reflected that there is currently no intellectual property protection over non-human inventor including AI.

Author: Panisa Suwanmatajarn – Managing Partner, The Legal Co., Ltd.