Chapter 7 Penalties

Chapter 7 Penalties

Section 48 Any person who acts under section 22 (1) without consent of the right holder shall be liable to a fine from fifty thousand Baht up to five hundred thousand Baht.

Section 49 Any person who acts under section 22 (2) without consent of the right holder shall be liable to a fine from twenty thousand Baht up to two hundred thousand Baht.

Section 50 Any person who files an application for or furnishes any other document relating to the registration of layout-design or the assignment or authorisation to exercise rights in layout-design by giving false statements to the competent official or the Board shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred thousand Baht or to both.

Section 51 Any person who violates section 47 shall be liable to a fine not exceeding five thousand Baht.

Section 52 In the case where a person who commits an offence punishable under this Act is a juristic person, the managing director, manager or the persons representing such juristic person shall also be liable to the penalty imposed by law for such offence unless it can be proved that the act of the juristic person has been conducted without their knowledge or consent.

Section 53 In the case where the Court has entered a judgement that an offender has committed an offence under section 48 or section 49, the Court shall order the seizure of all layout-designs, integrated circuits or products infringing the rights of the right holder that are in possession of the offender. In the case where the Court thinks fit, it may order the destruction of such layout-designs, integrated circuits or products or the performance of any other act to prevent future distribution thereof.

In the case where the offender has removed the layout-designs or integrated circuits of the right holder from the integrated circuits or products infringing the rights of the right holder, the Court may impose the seizure’s order or any other act under paragraph one only on the integrated circuits or products that still remain infringing of the right of the right holder.

Countersigned by

Chuan Leekpai

Prime Minister

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