Copyright

Copyright is governed by the provisions of the Copyright Act B.E. 2537. The purpose of copyright is to protect intellectual works that are original and imprinted with the personality of their author.

In the absence of a legal definition, the scope covered by "intellectual works" has been clarified by case law and doctrine. Thus, a work of the mind or litterary and artistic creation must result from an intellectual activity, in the broadest sense of the term. However, the ideas are not appropriable, they are "free course". Thus, for example, one cannot claim a right to claim on the "genre" of a movie.

Works of the mind can therefore be works, graphic and plastic arts, literary, musical, theatrical, cinematographic or software works.

The protection of a work under copyright is not subject to any formality

However, in order to enforce his rights in his work, the author must provide proof, not only of the originality of the work, but also of the ownership of his rights in the work, by proof of the creation and the date of creation of the work, which must be provided by all means, but most importantly, that the proof of creation is dated and includes a certain date, which is often lacking in internal creative elements (e. g. technical sheets, sketches). Proof of the creation date may result from the deposit of a collection with a bailiff, the deposit of a Soleau envelope, the exchange of instructions with a subcontractor, a publication in a dated magazine, a dated sales catalogue, etc. Once this proof is provided, the ownership of the author's rights will be presumed.

Copyright on a work of the mind also confers on its author a property right, perpetual and attached to the person: the moral right. This, expressly provided for by the Copyright Act B.E. 2537, confers on its owner the right to control the disclosure of the work, a right to authorship of the work, as well as a right to respect for the work and the right of withdrawal.

Assistance and follow-up within the framework of:

  • Follow-up of filing with a bailiff in order to give a certain date to a specific creation;

  • Filing of customs surveillance files;

  • Representation in copyright litigation.