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Whereas, in compliance with the context on one half of
the Court fine payable to the copyright owner under section 76 of the Copyright
Act B.E. 2537 (1994), the Central Intellectual Property and International Trade
Court has experienced certain technical problems where such copyright owner is a
foreign body corporate who finds it inconvenient to receive payment of the
Court’ s cheque representing one half of the fine, thereby multiplying in the
Court’s account the amount of money held suspended for payees, the Judicial
Administration Commission has, in its 7/2546 meeting on 28 February B.E. 2546
(2003), passed a resolution that clause 44 of its Regulations on General Finance
B.E. 2545 (2002) be applied to the problematic situation mutatis mutandis
until Regulations on Litigation Finance are specifically issued covering the
aforesaid instances. In order to resolve any inconveniences and to ensure
fairness of the proceedings on the Court fine payment as mentioned, the Central
Intellectual Property and International Trade Court hereby issues these
Regulations as follows:
Clause 1. These Regulations are called the “Transitional
Regulations of the Central Intellectual Property and International Trade Court
on Guidelines for the Foreign Body Corporate Copyright Owner Demanding One Half
of the Court Fine B.E. 2546 (2003)”.
Clause 2. These Regulations shall come into force on and
from the date of their announcement.
Clause 3. These Regulations shall apply only to the case
where the copyright owner is a foreign body corporate.
Clause 4. The copyright owner who, in claiming one half
of the Court fine, finds it inconvenient to receive payment of the Court’s
cheque may submit to the Court a request itemizing all of such inconveniences
and asking that one half of the Court fine be awarded through a cheque made
payable to the copyright owner’s agent duly authorized to enforce the cheque in
his own name as the payee.
Clause 5. In addition to the request under clause 4, the
copyright owner is required to produce the power of attorney which (1) is valid
for a maximum of one year, (2) names the copyright owner’s agent duly authorized
to receive payment of the Court fine under the Copyright Act B.E. 2537 (1994),
and (3) includes a clause showing that the copyright owner shall be liable for
any damage resulting from such receipt of payment of the Court’s cheque.
Clause 6. The power of attorney as mentioned in clause 5
must remain valid at least until the date on which the Court’s cheque is issued,
and must exclude any clause on appointment of a sub-agent or substitute.
Clause 7. The agent duly authorized by the copyright
owner as referred to in clauses 4 and 5 is also required to make a document
evidencing that the agent shall be liable for any damage to the Court and to the
copyright owner as may result from such receipt of payment of the Court’s
cheque.
Clause 8. Only such request as accompanied by the
document under clauses 4, 5 and 7 shall be taken into consideration.
Announced on this 1st day of April B.E. 2546 (2003)
Mr.
Prachya Kosaiyaganonth
Chief Judge of the Central Intellectual Property and International Trade Court
This English translation is initiated and realized by
Mr. Surapol Konglap
and Mr. Warakhom Liangpandh who are judges of the Central Intellectual
Property and International Trade Court.
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