Copyright, recordation and assignment

No. Copyright arises automatically once the author has created the work, under the Copyright Act B.E. 2537, with no registration requirement. What the Department of Intellectual Property offers is voluntary recordation of copyright information, which records that particulars were notified on a given date as preliminary evidence. It neither creates the right nor conclusively establishes ownership.

As a general rule protection lasts for the life of the author and for fifty years after the author's death. Where the author is a juristic person or the work is anonymous, protection runs fifty years from creation, and if the work is published during that period, fifty years from first publication. Photographic works and works of applied art follow their own separate rules.

Where a work is commissioned, copyright belongs to the person who commissioned it unless agreed otherwise. Where an employee creates a work in the course of employment, copyright belongs to the employee unless there is a written agreement to the contrary. Because the default rules differ, businesses should always take a signed written assignment, especially for software and for designs that will later be filed as trademarks.

An assignment changes the owner of the right, and an assignment other than by inheritance must be in writing and signed by assignor and assignee. A licence lets another party use the work within a defined scope, term and territory while ownership stays with the copyright owner. Cross-border agreements should state the governing law and the dispute forum expressly.

Yes, and layering is usually the best value. The internal mechanism can go to an invention or petty patent, the external shape to a design patent, the name and logo to trademark registration, while manuals, graphics and software already enjoy copyright protection. Planning these together closes the gaps a competitor would otherwise copy.

By certifying signatures on powers of attorney, deeds of assignment and affidavits intended for use abroad, and by certifying true copies of originals. The certifying lawyer must be registered and authorised as a Notarial Services Attorney by the Lawyers Council of Thailand. Thailand has no civil-law notary office, so this status should be explained in advance to the receiving authority abroad.

No. Copyright arises automatically on creation. The DIP offers a copyright notification which creates no new rights but provides useful prima facie evidence of creation date and authorship in a dispute. The general term is the author's life plus fifty years.

Under the Copyright Act, for works created under a hire-of-work contract the copyright belongs to the creator unless otherwise agreed in writing. For works by employees in the course of employment, copyright also vests in the employee, though the employer may publish it for the intended purpose. The safe practice is an explicit written assignment at the outset.

Civil action for damages and injunction, criminal complaint with search warrants through the Economic Crime Suppression Division, and customs recordation to detain infringing goods at the border. Cases are heard by the Central Intellectual Property and International Trade Court. Key evidence is a subsisting registration plus properly documented test purchases.

Major platforms have rights-owner portals requiring the trademark registration certificate or copyright ownership evidence plus the infringing URLs. The Copyright Act also lets a rights owner apply to the court to order a service provider to take content down. Holding a Thai registration in advance makes takedowns much faster.

Yes. Assignments and licence agreements must be in writing and recorded with the registrar to be valid. A licence should specify the covered goods and services, term, territory and quality-control obligations, because allowing uncontrolled use by a licensee can be a ground for cancellation.

Copyright arises automatically on creation with no registration requirement. General works are protected for the life of the author plus fifty years after death. Works owned by juristic persons, photographic works, audiovisual works, cinematographic works, sound recordings and broadcasts are protected for fifty years from creation or publication as the case may be. Recording the work with the Department of Intellectual Property creates no new right, but serves as prima facie evidence of ownership and creation date in negotiation and litigation.

The default rule under the Copyright Act is that the author owns the work unless agreed otherwise in writing. Where an employee creates a work under a contract of employment, the employee retains copyright but the employer may publish it for the purpose of the employment. Under an ordinary hire-of-work arrangement the hirer owns the commissioned work. To avoid disputes, use a written signed assignment covering scope, ownership of source files and any needed waiver of adaptation rights.

Rights owners may record their trademark or copyright with the Customs Department for watch-listing, submitting proof of ownership, genuine product samples, the features that distinguish counterfeits, and contact details that respond quickly. When suspect goods are detained, officers give the rights owner a short window to confirm, so appoint an authorised representative in Thailand in advance and be prepared to post security under the regulations.

A licence of a registered trademark must be in writing and recorded with the registrar. It must contain terms enabling the owner to control the quality of the licensee's goods or services and must specify the goods or services licensed. An unrecorded licence may be ineffective under trademark law and can weaken enforcement. Assignments of registered marks must likewise be recorded.

Assignments and licence agreements must be in writing and recorded with the registrar, otherwise they cannot be raised against third parties. A licence must set out the owner's quality control, the goods covered, the territory and the term. Where a party signs abroad, the signature should be notarised and apostilled or legalised by the Royal Thai Embassy, with a certified Thai translation.

Copyright arises automatically on creation, with no registration requirement. The Department of Intellectual Property nonetheless accepts copyright notifications, producing a certificate that serves as prima facie evidence of the creation date and the author. That certificate supports police complaints, court proceedings and takedown requests to online platforms, so it is worthwhile for commercially valuable works.

As a default rule, copyright in work created by an employee in the course of employment belongs to the employee unless the parties agree in writing that it belongs to the employer, while work made under a hire-of-work contract belongs to the commissioning party unless otherwise agreed. Misunderstanding this leaves many companies not owning their own logo or software, so include assignment and moral-rights waiver clauses in every engagement.

Collect ownership evidence — the trademark registration certificate or copyright notification certificate — along with screenshots showing the URL, date, time and seller details, then file through the platform's infringement channel. For stronger legal effect, an application can be made to the Intellectual Property and International Trade Court to suppress the material under the computer-related offences legislation.

Rights holders record their trademarks and copyrights with the Customs Department, supplying a guide distinguishing genuine from counterfeit goods and an urgent contact channel. When officers detain suspect goods, the rights holder must confirm within a very short deadline, so a responsive local contact is essential. Recordal does not mean customs polices the right for you, but it materially improves interception at the border.

Yes. The Business Security Act permits intellectual property to serve as collateral, provided the security agreement is registered with the Department of Business Development and a licensed security enforcer is appointed. Lenders normally require an independent valuation report supported by historic licensing income, such as licence agreements and royalty receipts.

A registered trademark in the classes matching the goods and services, a franchise agreement granting the licence with quality control provisions, an operations manual protected as both copyright and trade secret, and pre-contract disclosure documents required by the applicable regulations. Where the franchisee is overseas, fix the governing law and dispute resolution forum expressly from the outset.

Copyright arises automatically on creation without registration. Recording the work with the Department of Intellectual Property provides a certificate that serves as prima facie evidence of ownership and creation date, which is valuable for takedown notices, licensing negotiations and litigation.

Assignments and licence agreements for registered trademarks must be in writing and recorded with the registrar to be fully effective. Licences must set out quality control and the scope of use. Without recordal the agreement may not be enforceable against third parties and its validity can be challenged later.