|
Judgment of the
Central Intellectual Property
and International Trade
Court
| Case No.(Black) 46/2541 |
Mr. Kriengsak Sakulchai |
Plaintiff |
| Case No.(Red) 1464/2541 |
Thankarnpim Co., Ltd., first Defendant and others
totaling 26 persons, |
Defendant |
Penal Code,
Sections 95 and 96
Copyright Act of
B.E.2537, Sections 27, 31, 69 and 70
The defendant,
having made the plate, printed and distributed photos
belonging to the plaintiff with knowledge that the same is the
copyright work, is responsible under the Copyright Act. The
defendant's allegation that it has no obligation to make
inquiry with the hirer concerning the copyright over the said
work, cannot be used as an excuse from the
responsibility.
The offense under
the Copyright Act is a compoundable offense. Therefore, if the
plaintiff files the complaint within three months from the
date that he knows of the offense and the identity of the
person who commits the offense and brings the action within
ten years, the plaintiff's complaint is not barred by
prescription.
|
