สำนักราชบัณฑิตยสภา

ปัญหาบางประการในการบังคับใช้กฎหมายทรัพย์สินทางปัญญา The Journal of the Royal lnstitute of Thailand Volume 36 No. 4 Oct-Dec 2011 606 Abstract Problems of Intellectual Property Law Enforcement Chaiyos Hemarajata Fellow of the Academy of Moral and Political Sciences, The Royal Institute, Thailand Despite Thailand has been enforcing a series of intellectual property laws since 1902, initially with the Proprietary Right of Author Act R.E. 120. However, the era of determined enforcement has come only after the enactment of the Copyright Act B.E. 2521 in the past 30 years. Most of the laws were enacted with the primary purpose of implementing international treaties; for example, the Berne Convention for the Protection of Literaryand Artistic Works and recently the Agreement on Trade RelatedAspectsof IntellectualPropetyRights (TRIPs) andTRIPs–PLUS(whichprovideprotection to intellectual properties beyond ordinary cognition of common Thais, for instance, the protection of trademark that cannot be seen by eyes e.g. sound, scent, taste, etc.). There is also a proposal for the imposition of criminal liabilities on purchasers of piracy products which demonstrates the utmost endeavor of govern- ment agencies to act in accordance with those international obligations. This article is a report on the result of study on problems arisen out of intellectual property law enforcement-both facts and comments from the author-in order that any interested person could utilize information contained herein for further development of the law. It is apparent that most of the practical problems came from lack of fundamental understanding of the purposes of intellectual property laws; and the current provisions available are insufficient for the enforcement thereof. Therefore, these flaws should be systematically studied and corrected in order to improve Thailand’s capability of enforcing those provisions for the highest benefit of the society before implementing any further obligations toward other nations.