Copyright in the Digital Age: Safeguarding Your Software

Unlike trademarks, copyright protection in Thailand is Automatic the moment you create the work. However, in a legal dispute, "automatic" is hard to prove.

 

The Benefits of 'Recordation'

While not mandatory, we strongly advise tech companies to Record their copyright with the Department of Intellectual Property (DIP).

• The Evidence: You receive an official certificate that acts as prima facie evidence of ownership.
• The Detail: For software, you typically submit excerpts of your source code and a description of the program’s functionality.

 

Employee vs. Contractor

This is where many startups fail. Under Thai law, unless your contract says otherwise, the copyright for work created by an employee belongs to the employee, but the employer has the right to use it. For a contractor, the copyright belongs to the contractor.

• The Fix: Ensure all your employment and service contracts have a clear "Work for Hire" or "Assignment of IP" clause that transfers all rights to your company.

 

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Related Service: Company Registration & Legal — Review of IP clauses in employment and vendor contracts.