The second edition of Copyright Litigation – Jurisdictional Comparisons has been published by The European Lawyer Reference. The guide presents an overview of copyright litigation in 26 jurisdictions worldwide. The Thailand chapter, written by Nandana Indananda, Suebsiri Taweepon, and Hassana Chira-aphakul, lawyers in Tilleke & Gibbins, covers the following main topics:
- Sources of Law: Laws and regulations relating to copyright and copyright litigation and which laws take precedence in the event of a conflict
- Court and Administrative System: The Intellectual Property and International Trade Court, the Department of Intellectual Property, prior court rulings, and matters relating to language
- Substantive Law: Copyrightable works, software, author nationality, rights and moral rights, defenses available to an infringer, compulsory licenses, copyright registration, duration of copyright protection, assessment of copyright infringement, invalidity, enforcement, copyright holder misconduct, and unfair competition
- Parties to Litigation: Who can sue for copyright litigation, declaratory judgments on non-infringement, who can be sued for copyright infringement, ISP liability, and adding or subtracting parties during litigation
- Enforcement Options: Criminal proceedings, border measures, fast removal of infringing content on the Internet, cease and desist letters, and alternative dispute resolution methods
- Procedure in Civil Courts: Format of copyright infringement proceedings, level of proof to establish infringement or invalidity, duration of proceedings, and delaying proceedings
- Final Remedies: Remedies available against a copyright infringer
- Preliminary Relief: Available measures, ex parte relief, protective writs, format of preliminary injunction proceedings, claiming damages for unjustified preliminary injunctions, level of proof to establish infringement or invalidity, and duration of preliminary injunction proceedings
- Appeal Procedure: Avenues of appeal and duration of appeal proceedings
- Litigation Costs: Expected costs and recovery of attorneys’ fees
- Forthcoming Legislation: Trends and developments
The European Lawyer Reference series, owned by Thomson Reuters, is a leading producer of international comparative legal guides.
