APPROPRIATENESS IN THE AMENDMENT OF THE COPYRIGHT AND TRADEMARK ACT : CASE STUDY IN CRIMINAL ACTION AGAINST ON THE BUYER AND OWNER OF THE PIRATED GOODS AND TRADEMARK COUNTERFEITS

Abstract

This article is aims  to  explaintle appropriateness of revision of          the Copyright and Trademark Acts of Thailand in the event where there in an enactment that a buyer and possessor of the pirated goods with                the counterfeit trademark shall have the criminal liability. Because of many countries who are members of the Berne Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) have stipulated that a buyer and possessor of the pirated goods with the counterfeit trademark shall have the criminal liability. On the  otherhand , Thailand  who  is  a  member  of  both , has  not . On the basis of the results of this research, it can be concluded that, in the context of the said proposal  for enactment in Thailand, it is different from the context of the enactment of other members and this enactment is inconsistent with the concept, legal theory and social environment in Thailand at present.