Bangkok: The Cabinet has given its approval to the draft Copyright Act in principle and has also agreed to apply for membership with the World Intellectual Property Organization (WPPT) Treaty on Performances and Sound Recordings. This move marks a significant step towards strengthening copyright protection in Thailand.
According to Thai News Agency, Ms. Sasikarn Wattanachan, Deputy Government Spokesperson, announced that the Cabinet’s decision aligns with a proposal from the Ministry of Commerce. The approval includes the principle of the draft Copyright Act, the plan for drafting secondary legislation, and the application to join the WPPT. The proposal will now be sent to parliament for consideration and approval under Section 178 of the Constitution. Additionally, the Ministry of Foreign Affairs (MFA) has been tasked with preparing an instrument of accession for the WPPT once the parliament grants its approval.
The WPPT treaty aims to enhance and standardize the protection of rights for performers and producers of sound recordings across member countries. It covers economic and moral rights for performers, rights for producers, and compensation rights for broadcasting and public distribution. The treaty mandates a minimum protection period of 50 years for both performers’ and producers’ rights from the relevant recording or advertisement date.
In 2020, the Cabinet approved Thailand’s accession to the Regional Comprehensive Economic Partnership (RCEP), which included an obligation to join the WPPT. This necessitates the amendment of Thailand’s Copyright Act B.E. 2527 to align with the WPPT by January 1, 2027. Rapid technological advancements have made the current Copyright Act outdated, prompting the need for these amendments.
The Ministry of Commerce has proposed amending the 1994 Copyright Act to ensure compliance with the WPPT. The ministry believes that joining the WPPT will bolster the protection of performers’ and producers’ rights and expand opportunities within the creative industry. This move is expected to boost investor confidence in Thailand’s creative sector by ensuring Thai copyright holders and performers receive full protection in other treaty countries.
A public hearing conducted by the Ministry of Commerce showed majority support for the proposal. The ministry has outlined a plan for drafting three pieces of secondary legislation, which are expected to be issued within 180 days following the publication of the new Act in the Government Gazette.