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Copyrights in Thailand

Copyrights

The Copyright Act of 1994 protects literary, artistic works, and performance rights by making it unlawful to reproduce or publish such works without the owner s permission.

A. Works Subject to Copyright

The Copyright Act protects works in the categories of literary work, including computer programs; dramatic, artistic and musical work; audiovisual material, cinematic film, recorded material; disseminated pictures or disseminated sound; or any other works in the fields of literature, science or fine arts.

The Copyright Act protects computer software against reproduction or adaptation, publicity and rental of such software. Algorithms are not, however, protected.

The “copyright” as defined by the Act means “the exclusive right to take any action concerning the work created or made by the creator”. The Act also defines the word “creator” as meaning the person who does the work or creates the work, as defined by the Copyright Act.

A copyright belongs to the creator of a work, subject to the following conditions:
• In the case of unpublished work, the creator must be of Thai nationality or reside in Thailand or be a national of or reside in a country which is a member of the Convention on the Protection of Copyright, of which Thailand is a member, provided that the residence at all times or most of the time is spent on the creation of the work
• In the case of published work, the first publication must be made in Thailand or in a country that is a member of the Convention on the Protection of Copyright. In the case where the first publication was made outside Thailand or in a country which is not a member of the Convention, the work created must have been published in Thailand or in a country which is a member of the Convention within 30 days from the first publication, or the creator must have the qualification as prescribed above at the time of the first publication.

In cases where the creator is required to be a person of Thai nationality, and the creator is a juristic person, such juristic person must be established under the Civil and Commercial Code of Thailand.

Patents, Trademarks, Consumer Protection

1. Patents

Thailand promulgated its first patent law, the Patent Act, in 1979, with significant amendments added in 1992. The Act protects both inventions and product designs and pharmaceuticals. Thailand has numerous bilateral agreements enabling citizens of other countries to file patent applications in Thailand. However, Thailand is not a signatory to the Paris Convention for the Protection of Industrial Property nor a signatory of any other international convention for reciprocal protection of patents.

In December 1997 a new intellectual property and international trade court began operations, which has significantly improved enforcement. Appeals procedures at the trademark and patent offices have also been streamlined.

A. Invention Patents

For an invention to be patentable, it must
• Have novelty
• Involve an inventive step
• Be capable of being made or used for some kind of production activity.

Therefore, the following would not qualify for patents:
– An invention widely known or used by others in Thailand before the filing of the patent application
– An invention, the subject matter of which was described in a document or printed publication, displayed or otherwise disclosed to the public, in any manner, whether inside or outside Thailand, and whenever the disclosure is by document, printed matter, exhibition or public disclosure by any means whatsoever *
– An invention that has been granted a patent inside or outside Thailand prior to the date of the patent application
– An invention that is the subject of an abandoned application in Thailand. This provision does not affect the rights of co-inventors and others who did not apply for such patent shall not be affected
– An invention for which an application for a patent was filed in a foreign country more than 12 months prior to the date of the patent application, the foreign patent not having been issued.

Thailand Visa Categories

Visa Definition

A visa authorizes entry into Thailand for a specified length of time depending upon the type of visa. Your passport or travel document will show the expiry date of authorized entry. The permissible duration of stay is always entered in the passport. Always check the date of the entry/exit stamp in your passport.

Visa Categories

In Thailand there are numerous visa categories, with eight major types issued under the Immigration Act. Each category is restricted to the purpose for which the visa has been issued, and aliens are advised to strictly adhere to the rules governing each visa category. Change of address or status should be relayed to local police within 24 hours.

- Transit Visa “TS”, applicable to aliens entering Thailand with an intention to travel on to another country.
- Tourist Visa “TR”, applicable to aliens visiting Thailand for sightseeing purposes only.
- Non-Immigrant Visa, applicable to aliens entering Thailand on a temporary basis for a particular purpose including:
- “B” for business purposes.
- “IM” for investment purposes, as approved by the appropriate ministries or departments concerned.
- “IB” for investment purposes or other affairs connected with an investment under the law governing investment promotion. This is a category of visa with issuance controlled by the Board of Investment.
- “ED” for purposes of study or observation.
- “M” for performance of duties connected with the mass media.
- “R” for missionary work with approval from the ministry or department concerned.
- “RS” for purposes of scientific research or teaching in a research or educational institution in Thailand with approval from the ministries or departments concerned.
- “EX” for performance of skilled or expert work.
- “O” for other purposes as prescribed in the ministerial regulations (as dependents, retired persons, sports trainers, or for family reunions, medical treatment, and legal proceedings).
- Diplomatic Visa “D”, applicable to aliens who enter the Kingdom on a diplomatic or consular mission or for the performance of duties with international organizations.
- Official Visa “F” for performance of official duties involving the Thai government.
- Immigrant Visa (Permanent Residence), applicable to those aliens entering Thailand for permanent residence purposes.
- Non-Quota Immigrant Visa, applicable to permanent residents wishing to leave Thailand and return within one year.
- Courtesy Visa, applicable to those diplomatic and/or official passport holders who enter the Kingdom for purposes other than official duties and to those ordinary passport holders who enter the Kingdom in response to an official Thai request.

Thailand Immigration Requirements

To work in or visit Thailand, immigration requirements must be met. Immigration into the Kingdom is overned by the Immigration Act B.E. 2522 (A.D. 1979) and is administered by the Immigration Bureau of the Royal Thai Police Department, Ministry of Interior.

The major immigration requirements are that:

- Any alien wishing to enter Thailand, unless otherwise exempted, must obtain a proper visa from a Royal Thai Embassy or Royal Thai Consulate prior to arrival in Thailand.
- Aliens in transit and tourists from countries who have agreements with Thailand to visit for not more than 30 days are not required to obtain visas before entering the Kingdom. However, these individuals must obtain an entry stamp at the airport, seaport, or land border checkpoint of entry.

Working in Thailand

Foreign/Alien Employment

One may work in Thailand if he has a valid visa and a work permit and is able to perform work that does not violate the Alien Employment Act. Foreigners who intend to work in Thailand are subject to the Alien Employment Act B.E. 2521 (A.D. 1978). Under the provisions of the Act, a foreigner cannot perform any work or service unless a work permit has been issued by the Alien Employment Division of the Labor Department and Social Welfare Ministry, or unless the individual or the work performed falls within an exception to the Act. The term “work” is defined very broadly, i.e. working by exerting one’s physical energy or employing one’s knowledge, whether or not for wages or other benefits. Theoretically, even volunteer or charity work requires a work permit. Although they receive no remuneration for the work performed, volunteer teachers have been required to obtain work permits.

Setting up a Business in Thailand

As in most countries, there are three kinds of business organizations in Thailand: Sole proprietorships, partnerships, and limited companies. The most popular form of business organization among foreign investors is the private limited company.

Private limited companies require a minimum of seven promoters and must file a memorandum of association, convene a statutory meeting, register the company, and obtain a company income tax identity card. They must also follow accounting procedures specified in the Civil and Commercial code,the Revenue Code and the Accounts Act. A balance sheet must be prepared once a year and filed with the Department of Revenue and Commercial Registration. In addition, companies are required to withhold income tax from the salary of all regular employees.

The Ministry of Industry administers The Factory Act, which governs factory construction and operation, as well as safety and pollution-control requirements. In some cases, factories do not require licenses, in other instances the requirement is simply to notify officials in advance of start-up, and in some cases licenses are required prior to commencing operations. Licenses are valid for five years, and are renewable.

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