Thailand Law Library

by Thailand Lawyer

Chapter 8: Penalties

Whoever infringes the copyright or the performer's rights according to Section 27, Section 28, Section 29, Section 30 or Section 52 shall be inflicted with a fine from twenty thousand Baht up to two hundred thousand Baht.

If the offence in paragraph one is committed with the commercial purpose, the offender shall be inflicted with imprisonment for a term from six months up to four years or a fine from one hundred thousand Baht up to eight hundred thousand Baht or both imprisonment and fine.

Whoever commits a copyright infringement according to Section 31 shall be inflicted with a fine from ten thousand Baht up to one hundred thousand Baht.

If the offence in paragraph one is committed with the commercial purpose, the offender shall be inflicted with imprisonment for a term from three months up to two years or a fine from fifty thousand Baht up to forty hundred thousand Baht or both imprisonment and fine.

Whoever fails to testify or submit any documents or materials as the Committee or the Sub-committee has ordered according to Section 60 paragraph three shall be inflicted with imprisonment for a term not exceeding three months or a fine not exceeding fifty thousand Baht or both imprisonment and fine.

Whoever obstructs or fails to provide a convenience to an official who performs his duty according to Section 67 or defies or ignores the order of the official who gives the order according to Section 67 shall be inflicted with imprisonment for a term not exceeding three months or a fine not exceeding fifty thousand Baht or both imprisonment and fine.

Whoever having committed an offence and having been penalized by virtue of this Act subsequently commits an offence under this Act within five years after being discharged from the penalty shall be inflicted with double penalty as prescribed for the offence.

In case a juristic person commits an offence under 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 juristic person has committed the offence without their knowledge or consent.

All things made or imported into the Kingdom which constitutes an infringement of copyright or performer's rights by virtue of this Act and the ownership of which are still vested upon the offender under Section 69 or Section 70 shall belong to the owner of copyright or performer's rights provided that the things used for committing the offence shall be all forfeited.

One half of the fine paid in accordance with the judgment shall be paid to the owner of copyright or performer's rights 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.

The Director General shall be authorized to prescribe the fine for the offence according to Section 69 paragraph one and Section 70 paragraph one.

Transitory Provision

The existing copyright work 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 enjoy the copyright protection by this Act. The work made before this Act coming into force and not being a copyright work by virtue of the Act for the Protection of Literary and Artistic Works B.E.2474 or the Copyright Act B.E.2521 shall enjoy the copyright protection by this Act.

Countersigned by
Chuan Leekpai
Prime Minister

NOTE: The reason for the proclamation of this act is as follows : whereas the Copyright Act B.E.2521 has been long 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 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.

Published in the Government Gazette, Vol 111, Part 59 Kor, Special Issue,
on December 21, 1994
Date of entry into force March 21, 1995