Optical Disc Production
- Background of Optical Disc Production – Optical discs are media that can record data. Initially, the prices of the optical discs and players were high. Accordingly, these media were not popular. Later, manufacturers lowered the prices of the discs and players, improved their qualities and reduced their sizes. As a result, the people change their minds and then use these media. The media have many roles in their daily lives by replacing tapes and video tapes since these media can record a great number of data, images and sounds with better effectiveness and efficiency. The media can be used in different forms such as movie, music, games, computer software and database. Optical disc production requires high investment and capacity as it is a mass production. If optical discs violate the copy rights of songs, movies and computer software, then the owners of those products will be severely damaged and may have to go out of business. Moreover, these media may be the channels for influential persons and transnational criminal organizations to exploit the owners and gain income for taking other illegal actions. The Ministry of Commerce considered that measures for preventing copyright infringement for the usages of the optical discs should be used. Therefore, the ministry’s Order No. 379/2542 dated 17 December 1999 and Order No. 246/2543 dated 30 October 2000 established a working group for drafting optical disc production laws and submitting the laws to the cabinet on 25 October 2001. The cabinet approved the laws to be submitted to the Office of the Council of State of Thailand for consideration on 29 January 2002. Consequently, the laws were approved by the office on 15 August 2003 and by the parliament on 6 October 2004. The laws have been effective since 29 August 2005.
- The Reasons for Using the Optical Disc Production Act B.E. 2548 – the intellectual property infringement in Thailand, especially for optical discs, has become a serious problem that the mechanisms used by the parliament cannot efficiently control or prevent this problem. Thus, measures for controlling the optical disc production should be used and specify the procedures for requesting for producing optical discs, owning production machines and reporting the quantities and storages of raw materials. The mentioned measures will enhance the efficiency and systems of the mechanisms for preventing copyright infringement. The measures will also improve the effectiveness of taxation and control optical disc manufacturers to comply with laws.
- Measures for Controlling Optical Disc Products under the Optical Disc Production Act B.E. 2548 – this act specify the following measures for controlling the optical disc production.
- The measure for controlling optical disc production machines requires that a person who acquires or owns a machine(s) must inform the Director-General of the Department of Intellectual Property within 30 days after the person acquires or owns the machine(s). In case that the machine(s) is distributed, sold or transferred, the person must inform the director-general within seven days after the machine(s) is distributed, sold or transferred in order to enable the department to follow and check the quantity (quantities) and location(s) of the machine(s).
- The measure for controlling the materials (plastic granules) for optical disc production specifies that a person(s) who acquires or owns plastic granules that are polycarbonate with optical grade for 750 kilograms or more in order to produce optical discs must inform the Director-General of the Department of Intellectual Property about the acquisition or ownership within 30 days after the person acquires or owns the plastic granules in order to enable the department to follow and check the mentioned person(s).
- The measure for certifying optical discs
- Production certificates are the symbols and codes that the Director-General of the Department of Intellectual Property gives to manufacturers who inform the department about their productions. The purpose of the certificates is to show the source of the productions of the optical discs.
- Original certificates are the symbols and codes that the Director-General of the Department of Intellectual Property gives to copy right owners. The purpose of the certificates is to indicate the copy rights of the optical discs.
- specifies that a person(s) who wants to produce optical discs must inform an officer(s) of the Department of Intellectual Property or provincial office of commercial affairs by him/herself, by fax during office hours or by registered mail before starting the production.
- In case that the manufacturer has more than one manufacturing plant, the manufacturer must inform the department about all plants in order to enable the department to follow and check the plants.
- In case that the manufacturing plant(s) is relocated, the manufacturer must inform the officer(s) before the relocation according to the procedures in 3.4.
- To produce optical discs with a copyright(s), the manufacturer must prepare and attach the production and original certificates on the original(s) of the copyright owner(s) or approved manufacturer(s). To produce writeable optical discs, the manufacturer must prepare and show the production certificate since this kind of optical discs do not have data with a copyright(s).
- specifies that a copyright owner(s) who may be an approved manufacturer(s) and wants to produce or employ other person(s) to produce optical discs must inform the department about and before the production or employment, except that the purpose(s) of the production or employment is educational, governmental, public or culturally conservative; and
- states that the copyright owner(s) must attach the original certificate(s) on the original used for the production.