Legal Measures Regarding the Protection of Intellectual Property Rights: Case Study of the Process of Search Warrants or Issue an Order to Seize Attach and Keeping Evidence in Intellectual

Abstract

ABSTRACT

                This research aimed to study concepts, theories, and rules of law, and a process of issuing a search warrant or a sequestration order, and evidences preservation in intellectual cases according to international laws, other countries’ laws, and laws of Thailand. Also, the research’s purpose was to study problems and solutions of a process of issuing a search warrant or a sequestration order, and evidences preservation in intellectual property cases. This qualitative research was conducted as documentary research, collecting the primary data: in-depth interview, and the secondary data: different sources in Thailand and from other countries.

                As for the results, legal problems were found, for example, the problem of defining the phrase “IN AN EMERGENCY” written in Section 29 of Act on the Establishment of and Procedure for Intellectual Property and International Trade Court B.E. 2539. Other problems were found in a process of issuing a search warrant or a sequestration order according to the Section 29, and in determining legal measures in case of preserving documents or materials as evidences. These problems affected right holders who were infringed on their copyright and could not access to a justice procedure in order to bring offenders to a criminal punishment. Therefore, it could be suggested that an amendment of the Section 29 should be conducted, that is, the phrase “IN AN EMERGENCY” ought to be clarified explicitly. Additionally, other suggestions are legislating for determining principles of issuing a search warrant or a sequestration order especially in intellectual property cases, permitting a private sector, instead of government officials, to request for a search warrant or a sequestration order for evidence preservation, including determining explicit principles of how to collect and preserve evidences by court and government officials.