CHAPTER 8 PENALTIES PDF พิมพ์ อีเมล

CHAPTER 8 PENALTIES

Section 69. Any person who infringes the copyright or the performer's rights according to Section 27, Section 28, Section 29, Section 30 or Section 52 shall be liable to a fine from twenty thousand Baht up to two hundred thousand Baht.

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

Section 70. Any person who commits a copyright infringement according to Section 31 shall be liable to a fine from ten thousand Baht up to one hundred thousand Baht.

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

Section 71. Any person who fails to give statements or to furnish documents or materials in compliance with the order of the Board or the sub-committee issued according to Section 60 paragraph three shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding fifty thousand Baht, or to both.

Section 72. Any person who obstructs or fails to provide assistance to a competent official who performs his duty according to Section 67 or defies or ignores the order of the official who issues the order according to Section 67 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding fifty thousand Baht, or to both.

Section 73. Any person who has committed an offence and has been punished by virtue of this Act and subsequently commits an offence pursuant to this Act within five years after being discharged from the penalty shall be liable to twice as much penalty as that provided for such offence.

Section 74. In case a juristic person commits an offence pursuant to 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 offence committed by the juristic person is beyond their knowledge or consent.

Section 75. All things made or imported into the Kingdom which constitute an infringement of copyright or performer's rights by virtue of this Act and the ownership of which still vests in the offender pursuant to Section 69 or Section 70 shall devolve on the owner of copyright or performer's rights; provided that all things used for committing the offence shall be forfeited.

Section 76. One half of the fine paid in accordance with the judgement shall be disbursed to the owner of copyright or performer's right; 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.

Section 77. The Director-General shall have the power to settle the offence by imposing the fine for the offence pursuant to Section 69 paragraph one and Section 70 paragraph one.

TRANSITORY PROVISION

Section 78. The existing copyright works 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 be protected by this Act.

The works which have been made before this Act comes into force and which are not copyright works by virtue of the Act for the Protection of Literary and Artistic Works B.E. 2474 or the Copyright Act B.E. 2521 but become copyright works by virtue of this Act shall be protected by this Act.

Countersigned by :

Chuan Leekpai

Prime Minister

NOTE :- The reason for the promulgation of this Act is as follows:

Whereas the Copyright Act B.E. 2521 has long been 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 so as 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.
 

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         กรมทรัพย์สินทางปัญญา
        
         ศาลทรัพย์สินทางปัญญา  
          
         Motion Picture Association

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