Page:พรบ ลิขสิทธิ์ พศ ๒๕๓๗.pdf/19

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Volume 111, Issue 59A
Page 19
Royal Gazette

21 December 2537

the printer, the publisher, or the printer and publisher, it shall be presumed that the person who is the printer, the publisher, or the printer and publisher as said is the owner of the copyright or performer's right in such work.

Section63.No case on infringement of a copyright or performer's right can be instituted upon elapse of the period of three years reckoned from the date the owner of the copyright or performer's right learns of the infringement and of the identity of the infringer; provided, however, that it must not be later than ten years reckoned from the date the infringement of the copyright or performer's right takes place.

Section64.In the event where there is an infringement of a copyright or performer's right, the court has the power to order the infringer to compensate the owner of the copyright or performer's right with damages in the amount which the court finds appropriate, taking into account also the severity of the damage, as well as the loss of benefits and the expenses necessary for the enforcement of the rights of the owner of the copyright or performer's right.

Section65.In the event where there is express evidence that any person commits or is about to commit a particular act which constitutes an infringement of a copyright or performer's right, the owner of the copyright or performer's right may apply to the court for an order requiring the said person to terminate[1] or refrain from the described act.

The order of the court under paragraph 1 does not prejudice the right of the owner of the copyright or performer's right to demand damages pursuant to section 64.

Section66.The offences under this Act are compoundable.



Section67.For the purpose of executing this Act, the competent officials shall be the public officers under the Penal Code and the competent officials shall have the following powers and duties:

(1)to enter a building, place of work, place of manufacture, or place of storage of any person in the interval between sunrise and sunset or during the working hours of such place, or to enter a vehicle, so as to conduct a search on merchandise or to conduct an inspection when there is a reasonable suspicion that there is the commission of an offence under this Act;

(2)to seize or attach for the sake of a prosecution a document or article concerning the commission of an offence, in case there is a reasonable suspicion that there is the commission of an offence under this Act;


  1. Samnak-ngan Ratchabandittayasapha (2013) defines ra-ngap (ระงับ) as "to abate, to pacify".