Page 134 - Dignity and justice for all of us our voices are heard in Thailand

Universal Declaration of Human Rights Article 27

therefore be found between the protection of Professor Ariyanuntaka is of the view that the
the rights of authors as prescribed in the copyright law of Thailand should be improved
second paragraph and the public interest so as to keep pace with modern-day
highlighted in the first.” technological innovations. Public interest
must be taken into account in the case of
At present, the legal instrument applied in this copyrights or patents of life essentials, such as
area in Thailand is a bundle of intellectual medication, as well as in the negotiation of
property laws, by which arts, scientific and international agreements, including free trade
technological advancements are protected. agreements. The legal instrument in this area
The protection is limited in legislation time is the Patent Act (1979), which was amended
(life plus 50 years in cases of copyright), after in 1992 and 1999, giving rise to criticism that
which the creations can be used without any international agreements contribute to an
obligatory payment of royalty fees, he increase in prices, deprive patients of access
explains. The legislation tries to find a balance to medications and obstruct domestic
between the first and the second paragraph medical research and development projects.
of Article 27 of the Universal Declaration of These challenges require that all parties
Human Rights. involved review the point of balance between
public interest and the protection of the
owners of intellectual property rights.

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