The Problem of Liability for Fake Sacred Objects in Thailand Scrutinize and Compare According to Criminal Law and Copyright Law

Abstract

             Research on the problems of liability for counterfeiting of sacred objects in Thailand is aimed on analysis and comparison under patent law, copyright law and criminal law. The objective is to study the source of the problem in registration of the rights according to patent law, copyright law, regulation, theory and legal measures relating to liability for counterfeiting of sacred objects in Buddhism under the criminal code, Section 206, Section 207 and Section 208. This research study to the comparison of criminal law and copyright law related the rights of sacred objects under the civil and commercial code, that is the principle of property taking the results of the study to be a guideline for amendment of the criminal law by applying those who make sacred objects may have to register their rights in order to be entitled to legal protection. In addition, this research shall study the legal penalties for a person who counterfeits the sacred objects.

             This research is a qualitative research studied from patent law, copyright law, criminal code and civil and commercial code including textbooks, books, academic articles of law, interviews with the experts and the people involved. This paper reviews the methodlogy of a method-comparison. From this study, it is found that there is no clear law applying to the case of counterfeiting of sacred objects. According to criminal code, Section 206, Section 207 and Section 208 provide that whoever does by any means to an object or a place held sacred in any religion of any group of people in a manner likely to insult such religion, or whoever cause a disturbance at any assembly of persons who believe in religion during a lawful holding of a conference, religious worship or any religious ceremony, or whoever wrongfully dresses or makes use of any symbol which represents for a Buddhist priest or novice, an ascetic or a clergyman of any religion in order to cause another person to believe that he or she is such person, these shall be liable to imprisonment or a fine. When we have considered these sections, it shall be seen that there is no penalty for direct liability in case of counterfeiting of sacred objects.

             According to suggestions, it should amend criminal code in the provisions of Section 206 that whoever does by any means to an object or a place held sacred in any religion of any group of people in a manner likely to insult such religion shall be liable to imprisonment from one year to seven years or a fine of twenty thousand baht to one hundred and forty thousand baht, or both. This amendment is the benefit and importance of Buddhism, the approximately 95% of the Thai people from 69.04 million are Buddhists. Therefore, it should be and amended so that people who counterfeit or imitate sacred objects are punished according to the law in order to preserve Buddhism for a long time.