CHAPTER
8 PENALTIES
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Section
69.
Any person who infringes the copyright or the performer's rights according
to Section 27, Section 28, Section 29, Section 30 or Section 52 shall
be liable to a fine from twenty thousand Baht up to two hundred thousand
Baht.
If
the offence in paragraph one is committed with commercial purposes, the
offender shall be liable to imprisonment for a term from six months up
to four years or to a fine from one hundred thousand Baht up to eight
hundred thousand Baht, or to both.
Section
70.
Any person who commits a copyright infringement according to Section 31
shall be liable to a fine from ten thousand Baht up to one hundred thousand
Baht.
If
the offence in paragraph one is committed with commercial purposes, the
offender shall be liable to imprisonment for a term from three months
up to two years or to a fine from fifty thousand Baht up to four hundred
thousand Baht, or to both.
Section
71.
Any person who fails to give statements or to furnish documents or materials
in compliance with the order of the Board or the sub-committee issued
according to Section 60 paragraph three shall be liable to imprisonment
for a term not exceeding three months or to a fine not exceeding fifty
thousand Baht, or to both.
Section
72.
Any person who obstructs or fails to provide assistance to a competent
official who performs his duty according to Section 67 or defies or ignores
the order of the official who issues the order according to Section 67
shall be liable to imprisonment for a term not exceeding three months
or to a fine not exceeding fifty thousand Baht, or to both.
Section
73.
Any person who has committed an offence and has been punished by virtue
of this Act and subsequently commits an offence pursuant to this Act within
five years after being discharged from the penalty shall be liable to
twice as much penalty as that provided for such offence.
Section
74.
In case a juristic person commits an offence pursuant to this Act, it
shall be deemed that all directors or managers of the juristic person
are joint offenders with the juristic person, unless they can prove that
the offence committed by the juristic person is beyond their knowledge
or consent.
Section
75.
All things made or imported into the Kingdom which constitute an infringement
of copyright or performer's rights by virtue of this Act and the ownership
of which still vests in the offender pursuant to Section 69 or Section
70 shall devolve on the owner of copyright or performer's rights; provided
that all things used for committing the offence shall be forfeited.
Section
76.
One half of the fine paid in accordance with the judgement shall be disbursed
to the owner of copyright or performer's right; provided that the right
of the owner of copyright or performer's rights to bring a civil action
for damages for the amount which exceeds the fine that the owner of copyright
or performer's rights has received shall not be prejudiced.
Section
77.
The Director-General shall have the power to settle the offence by
imposing the fine for the offence pursuant to Section 69 paragraph one
and Section 70 paragraph one.
TRANSITORY
PROVISION
-------------------------------------
Section
78.
The existing copyright works by virtue of the Act for the Protection of
Literary and Artistic Works B.E. 2474 or the Copyright Act B.E. 2521 on
the day this Act comes into force shall be protected by this Act.
The
works which have been made before this Act comes into force and which
are not copyright works by virtue of the Act for the Protection of Literary
and Artistic Works B.E. 2474 or the Copyright Act B.E. 2521 but become
copyright works by virtue of this Act shall be protected by this Act.
Countersigned
by :
Chuan Leekpai
Prime Minister
NOTE :- The
reason for the promulgation of this Act is as follows:
Whereas
the Copyright Act B.E. 2521 has long been in force, the provisions therein
become inconsistent with the changing internal and external circumstances
particularly the development and expansion of domestic and international
economy, trade and industry, the copyright protection measures therefore
should be improved to be more efficient so as to accommodate those changes
and to promote the increasing creation of work in literary and artistic
domain and other relevant fields. This Act so be enacted.
Ministerial
Regulation* (B.E. 2540)
Issued under the Copyright Act B.E. 2537
---------------------------------------
By virtue of Section 5 and Section 15 paragraph 2 of the Copyright Act
B.E. 2537, the Minister of Commerce hereby issues the Ministerial Regulation
as follows:
Clause
1.
Whether any licensing condition pursuant to Section 15(5) is of the manner
of unfair restriction of competition or not must be considered on a case
by case basis by taking into account the purposes or the intent to cause
the unfair restriction of competition as well as the result which occurs
or may occur from such condition.
Subject
to the foregoing paragraph, licensing conditions pursuant to Section 15
(5) of the following manners shall be deemed the conditions that unfairly
restrict competition.
(1)
A condition binding the licensee to obtain materials used in the production
of the licensed work in whole or in part from the copyright owner or from
the seller specified by the copyright owner either with or without remuneration,
unless the condition is necessary to make the copies fulfill the standard
as set by the copyright owner, or the materials are not available from
other sources within the territory and the remuneration is not higher
than the price of materials of equal quality which are obtainable from
other persons.
(2)
A condition prohibiting the licensee to obtain materials used in the manufacture
of the licensed work in whole or in part from one or several sellers specified
by the copyright owner, unless the omission of the condition would make
the produced copies fail to fulfill the standards set by the copyright
owner, or the materials are not obtainable from other sources in the territory.
(3)
A condition or restriction binding the licensee concerning the employment
of persons to produce the copies of work under the license, unless it
is necessary to make the copies fulfill the standard as set by the copyright
owner or to keep the trade secret of the copyright owner or to render
necessary technical service.
(4)
A condition stipulating a royalty rate for the copyright license which
is unfair when compared to the rate stipulated by the copyright owner
in another license for the same copyright work in which the said licensee
has similar relationship or status and the license takes place at the
same period of time.
(5)
A condition or restriction binding the licensee concerning the research
or study of the licensed copyright work.
(6)
A condition binding the licensee to assign the copyright in the work adapted
or developed from the licensed copyright work to the copyright owner or
to any other person, or to authorize the copyright owner or another person
to hold exclusively the right with respect to the adapted or developed
work unless the copyright owner or the said person shall pay reasonable
remuneration to the licensee.
(7)
A condition in favor of the licensor to terminate the license arbitrarily
and without reasonable cause.
Clause
2.
Licensing conditions pursuant to Section 15 (5) of the following characteristics
shall be deemed the conditions that are in the manner of unfair restriction
of competition.
(1)
A condition binding the licensee to use other copyright works of the copyright
owner with remuneration for such use, unless it is necessary to use those
copyright works together or to connect a technology work system or to
make the copies of work fulfill the standard as set by the copyright owner.
(2)
A condition prohibiting the licensee to use a copyright work of another
person, unless it is necessary to lay down such condition in order that
the utilization of the licensed work would generate a result as set by
objectives or goals, or to connect a technology work system.
Given
on 14th February B.E. 2540
Narongchai Akaraseranee
Minister of Commerce
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