Current Issue

The Need for a Balanced Approach to Copyright Laws in Thailand

Robin RAMCHARAN
IJCCI volume 5, issue 1, 2017

This paper analyses challenges in Thailand’s copyright laws in light of the need for a balanced intellectual property system to foster its creative industries sector. The latter are major contributors to a country’s culture and economy. The basic question of this paper is: What are the main problems in Thailand’s copyright laws that may impact creativity and the advancement of culture?  Several key issues that may affect the balance and the public interest must be monitored: (1) a lack of clarity on how to take advantage of flexibilities under international instruments; (2) the excessive use of criminal enforcement in infringement cases; (3) the need for collective management societies; (4) technological protection measures; and (5) uncertainty over orphan works. These challenges faced by Thailand are part of a global discussion on the need for a balanced copyright system.

 

Keywords: Creative industries, Copyright Thailand, ASEAN intellectual property rights, Knowledge economy