DOI: 10.14457/tu.the.2015.441
title: Provisional protection measures against copyright infringement on the internet

description: Prior to the enforcement of the Copyright Act (No.2) B.E. 2558 puts into force, Thailand does not directly have the law related to copyright piracy. In case the copyright piracy occurs, the Copyright Act B.E.2537 and the Computer Act B.E.2550 will be applied.  Understanding the social context, at present, has rapidly changed, technology has played much more crucial role in our daily life, especially the internet access. As a result, the copyright piracy through internet network has been increasing. Therefore, to have the enforcement of technology strategy to protect copyright work, Thai government has stipulated the Copyright Act (No.2) B.E.2558, coming into force on September 4, 2015. The act has applied the ‘safe harbor’ principles of the United States of America and Europe in drafting as the model, with the purposes of protecting the creators and the initiators of the new works that disseminated through the internet and also in accordance with the internet users’ behaviors. The research purposes were to analyze the Copyright Act pertaining to the reliability of Internet Service Provider: ISP of the international countries (both civil and common laws system). This is to study the advantages and the disadvantages of its principles as they will be used as guidelines for copyright enforcement in the aspect of internet service providers ‘liability, promulgated in Section 32/3 of the Copyright Act (No.2) B.E.2558 of Thailand.Section 32/3 has mentioned the setting up of liability limitation of ISP to protect the internet service providers from risk in being sued in case of copyright piracy. The copyright owners can ask the Court to order ISP to take down pirated files from their websites whereas the copyright owners has to show enough evidences to the Court.  After, the ISP has followed the Court’s order to take down the pirated file, the ISP do not have the liability of the pirated action.The research is a documentary research from where the information is from technical articles, international laws, online information, related articles, copyright enforcement experts and computerized experts. This is to analyze the advantages and disadvantages of the principles of law related to ISP and the copyright owners by comparing between the copyright law of Thailand and the international principles of laws pertaining to the suppression of copyright piracy on the internet.  In Section 32/3, it was found that the process in suppression of copyright piracy and the protection of copyright of the copyright owners has focused on court procedure which it takes time consume and also has impacts on suppression since  technology changed all the time. This leads to overwhelming cases in Court of Justice. In addition, the internet copyright piracy deals with technology where it needs technology expertise and experts to more efficiently solve the problems and provide guidelines than the past.From the observations mentioned earlier, in the researcher’s point of view, it is noted that the Copyright Act (No.2) B.E.2558  is difficult to put into action and cannot solve the problems of intellectual property infringement and internet copyright piracy.  As the result, Thailand will remain the country of Priority Watch List (PWL) according to the Special 301 Report of the United States Trade Representatives.