JUSLAWS INTELLECTUAL PROPERTY specializes in intellectual property law and thus assists its clients in both literary and artistic property law and industrial property law.
What is literary and artistic property?
Literary and artistic property, another branch of intellectual property with industrial property, applies to intellectual works or copyright.
Literary and artistic property includes both copyright and rights related to copyright.
Thus, literary and artistic property makes it possible to protect intellectual works, which are forms of creation that are considered original in that they express the personality of their author.
The author of an intellectual work then benefits from protection on the latter and to do so, copyright confers on him economic and extra-patrimonial rights which enable him to protect himself against an infringement of his work and in particular a literary or artistic plagiarism.
In addition, the author is granted the following rights:
The economic rights that allow the author to decide on the conditions of exploitation of his work and in particular the following classical prerogatives:
- The right of reproduction;
- The right of representation;
- The resale rights;
- Extra patrimonial rights that allow the author to defend his personality and in particular:
- The right of disclosure;
- The right of withdrawal;
- The right to respect for the name and its quality (authorship of the work);
- The right to respect for the work.
Moral or extra patrimonial rights in copyright, unlike common law countries and copyright, are extremely strong since they are inalienable, perpetual, imprescriptible and enforceable against all.
How to protect a literary and artistic work?
Unlike industrial property, where rights are protected, in particular following a filing with the competent offices, literary and artistic works are not subject to any formality in Thailand, but registering your copyright remains an option.
Thus, a literary and artistic work is protectable from its creation and solely as a result of that creation.
However, not all creations are protectable under copyright law and ideas are not appropriable and are therefore of free course.
Therefore, in order to be protected and to be able to invoke rights against a third party, 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.
It is therefore strongly recommended in copyright to always proceed with a probative deposit and registration which will make it possible, if necessary, in the context of an infringement action, to prove that the author has indeed created the work on a specific date.
In addition, it is recommended to use lawyers or literary and artistic property consultants to organise transfers of rights between authors and companies exploiting works, in particular, in order to organise transfers of employees' copyright and the copyright of freelancers who work with the company on an occasional basis.
JUSLAWS INTELLECTUAL PROPERTY and its lawyers specialising in copyright assist and advise you in the protection of your literary and artistic works and in literary and artistic property litigation.
Examples of literary and artistic property
Copyright protects creations as long as they are original, regardless of their genre, form of expression, merit and purpose.
Also, many forms can be protected under copyright, subject to originality, and in particular:
- Audiovisual works;
- Graphic creations;
- Graphic arts;
- Pure art;
- Applied art (art applied to fashion, art applied to architecture, art applied to information);
- Advertising works;
This typology of copyright is not a restrictive list and our firm specializing in literary and artistic property will assist you in determining whether your work is eligible for copyright protection and can be validly invoked in the context of an infringement action against a third party.