Naresuan University Law Journal

Legal Measures in the Protection of Parody According to Thailand Copyright Law

Warapat Rattanapanich — 2024-12-17

This research article aims to study the Legal problem under Copyright Act B.E. 2537, which does not define parody works as exception to copyright infringement. The objectives of this research are: (1) to compare and analyze copyright law and concept of parody between Thailand and other jurisdiction and; (2) to provide recommendations for developing an appropriate legal framework pertaining to parody. This qualitative research examined documents including textbooks, research papers, and academic articles. This research findings indicate that (1) the Copyright Act B.E. 2537 does not explicitly stipulate parody works as exception to copyright infringement. This lack of clarity presents significant challenges in terms of legal interpretation. (2) when conducting comparative analysis of copyright law in Thailand and several other nations, such as France, Germany, and the Netherlands, it becomes evident that the criteria for defining parody is provided as an exception to copyright infringement in these jurisdictions typically include non-commercial use and the integration of humor. Where as in Thailand, there are no established criteria for designating parody as an exception to copyright infringement. (3) The recommendations for amending Copyright Act B.E. 2537 are: (3.1) the inclusion of a formal definition of parody and (3.2) the establishment of specific
criteria and conditions under which parody may be recognized as an exception to copyright infringement. These provisions should ensure that the use of parody does not result in unreasonable detriment to the rights to the copyright owner.

Guidelines and Measures Related to Insurance to Protect Space Tourists in Thailand

Napawat Suebnusorn — 2024-12-17

Space tourism is a burgeoning sector of the new space economy, garnering significant attention worldwide. However, this industry carries inherent risks at every stage. Therefore, there is a need for research studies to prepare insurance options for space tourists, aimed at mitigating potential dangers. The results of the current study indicate that existing insurance definitions, concepts, theories, and principles can be applied in preparing insurance for space tourists. However, global society still lacks clarity on insurance measures to cover the risks associated with space tourism. Notably, national space laws and/or national guidelines in countries such as the United States, the United Kingdom, South Korea, and Thailand do not mandate insurance for space tourists. Moreover, within Thailand’s insurance industry, it is evident that there are no policies, laws, or practices specifically related to the protection of space tourists. Therefore, it is deemed appropriate to propose the following guidelines and measures to address the aforementioned problems in Thailand: Firstly, prepare and/or revise Thailand’s space policies and laws to ensure clarity and continuity. Secondly, promote initiatives aimed at ensuring the protection of space tourists. Thirdly, advocate for the development of insurance policies tailored specifically for space tourists. Finally, undertake additional actions related to space tourism, such as establishing a statistical database to catalog risks and other pertinent information.

Legal Measures Relating to Teleworking

Chakri Adunnirat — 2024-12-17

The objective of this academic article is to make a comparative study of Legal Measures Relating to Teleworking in three countries: Thailand, Portugal and Spain.
The research revealed that each of the three countries has laws regarding Teleworking. Each country has similar and different measures to protect employees. In Thailand, Section 23/1 of the Labour Protection Act B.E. 2541 is applicable to work outside of
the workplace or office. The research revealed that compared to the laws of Portugal and Spain, Thailand’s Teleworking provisions provide insufficient protection to employees.
This article makes the following recommendations to increase protection for employees who work remotely: First, provisions regarding tools, equipment, systems, and work methods in remote work. Second, provisions regarding the privacy of employees.
And third, provisions regarding the special rights and duties of employers and employees
arising from teleworking. Amending Thai law to include these provisions will help protect employees and create fairness for society

Dimensions of Online Arbitration in Thailand

Pongkan Kongsee — 2024-12-17

This research aims to study the current situation, obstacles, and development guidelines for online arbitration in Thailand, which is an important innovation in dispute resolution in the digital age. However, the development in the Thai context is still limited and delayed compared to other countries. The research results show that although online arbitration has the potential to increase the efficiency of dispute resolution, there are still many significant problems and obstacles, such as the lack of clarity in the legal framework, limitations in technology infrastructure, lack of specialized personnel, and lack of knowledge and understanding among service users. Therefore, the research proposes important policy recommendations, which are; establishing national policies and strategies, improving laws, investing in technology development, developing personnel capabilities, and creating knowledge and understanding for service users. This requires cooperation from all sectors to drive and mobilize development so that online arbitration in Thailand can meet international standards and become an important mechanism for providing efficient alternative justice. This will help support the growth of the digital economy and truly respond to the needs of society in the digital age.

The Problem of Applying the Provisions in Current Law to Actions Following Child Grooming in Thailand

Sirintip Somjai — 2024-12-17

Child Grooming is one form of child sexual abuse where the perpetrator prepares a child for sexual exploitation or seeks sexual gratification from the child. Perpetrators often use grooming to establish a close relationship with the child, gaining their trust and emotional dependence before exploiting them sexually. This process frequently involves online communication channels, which significantly increase perpetrators’ direct access to children and their opportunities to engage in grooming behaviors. Currently, Thai criminal law does not specifically protect children from grooming for sexual acts. Existing legal enforcement is typically applied after grooming has been completed, focusing on the specific offenses committed rather than addressing the grooming process or the exploitation of trust through grooming. Moreover, the legal gap, when applying certain laws by analogy to online grooming cases, results in lesser penalties for grooming-related offenses than for direct sexual offenses against children. Therefore, it is recommended that laws be amended to include specific offenses related to grooming or the preparation of children for sexual acts through grooming as criminal acts. This adjustment aims to prevent perpetrators from exploiting children through grooming and to address offenses related to online sexual exploitation, which typically occur following online grooming.

Problems on Enforcement of Land and Building Tax Act, B.E. 2562

Awirut Chanchaikittikorn — 2024-12-17

According to the Land and Building Tax Act B.E. 2562, the tax rate for the use of land and buildings for agricultural purposes is relatively low, and there are exemptions for individual owners of land and buildings used for agriculture within each local administrative organization district, up to an amount of 50 million baht. Consequently, this has raised substantial concerns about the vast amount of tax evasions. According to a study of property tax collection in the state 2523 of Texas, United States, taxpayers must first register their properties for tax assessment, and then the assessor will then conduct property surveys to ensure correctness. In New Jersey, landowners applying for an agricultural land assessment must provide proof of continuous ownership of the agricultural land for at least 2 consecutive years prior to the proposed tax year, with a minimum agricultural area of 5 acres. Additionally, the land must generate average agricultural sales of at least $1,000 per year for the first 5 acres and must remain in agricultural use throughout the proposed tax year. However, if the land is used for non-agricultural purposes, back taxes must be paid. To ensure effective enforcement of the Land and Building Tax Act B.E. 2562 and to increase revenue for local government bodies, Section 11 of the Land and Building Tax Act B.E. 2562 should be amended to require property owners to file a property declaration form before officials conduct inspections for accuracy and issue tax assessment notification letters to taxpayers. Additionally, Section 37, paragraph two, should be amended to ensure that the use of land and buildings for agriculture must involve genuine agricultural activities. Also, Section 40, paragraph one, should include an additional clause specifying criteria for tax exemption for natural persons, who must be engaged in agricultural activities for self-sufficiency.