THE PROTECTION OF MORAL RIGHTS IN RELATED RIGHTS
Keywords:
Protection, Neighboring Rights, Moral RightAbstract
The protection of intellectual property is a fundamental legal mechanism aimed at safeguarding works created through the thought and intellect of individuals. The law classifies intellectual property into several categories, including patents, copyrights, trademarks, geographical indications, trade secrets, know-how, and related rights. Related rights cover the protection of performers, producers of sound recordings, and broadcasting organizations.
The World Intellectual Property Organization (WIPO) establishes two primary dimensions of intellectual property protection: moral rights and economic rights. These two aspects are essential for maintaining a balance between the interests of creators and the public. Under Thai law, moral rights are explicitly recognized in the Copyright Act (No. 2) B.E. 2558 (2015), particularly in Section 51/1, which protects performers’ moral rights—both the right of attribution and the right to object to any distortion or modification that may prejudice their reputation. Moreover, Thailand’s protection of related rights aligns with international obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), specifically Article 14(2), which safeguards the rights of performers, producers of phonograms, and broadcasting organizations.
In conclusion, the protection of related rights under Thai law has evolved to be consistent with international standards in both moral and economic dimensions. This legal framework plays a crucial role in promoting the creation of cultural, artistic, and innovative works, ensuring that such creations are protected effectively and equitably under international legal principles.
References
National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Finance, et al. (2021). Notice on the development plan of digital economy in the 14th Five-Year Plan period. Retrieved from https://www.gov.cn/
Lu, R. (2020). Digital presentation and brand communication promotion of cultural and creative products. Publishing Perspective, (13), 92–94.
Tang, J., & Ding, D. (2022). The issuing value and development strategy of digital collectibles from the perspective of metaverse. Publishing Perspective, 21(21), 91–94.
Liu, Y. (2022). An investigation of cultural communication strategies for digital collectibles of intangible cultural heritage. Journalism Research Guide, 13(22), 221–223.
Wang, K., & Dong, D. (2020). Digital protection strategy for Jiangsu woodblock printing techniques. Cultural Heart Journey.
Ji, C. (2021). Digital creative design of Pingyang woodcut New Year paintings based on scene theory. Packaging Engineering, (9), 388–395.
Zhang, Q. (2021). Research on digital art and museum display from the perspective of contemporary visual art. Chinese Museums, (3), 73–77.
Li, M. (2022). Research on factors affecting visitor online satisfaction in children’s museums: A case study of the Old Bull Children’s Exploration Hall of China Children’s Center. Chinese Museums, 110– 116.
