LEegal measures for protection coffee art works (applied art works) in Thailand

04-03-19 admin 0 comment

Mr.Taveephuk Sirisakbanjong and Pol.Capt.Choocheewan Tamisanont
, 2010.


ABSTRACT

The researchers found that coffee latte art as coffee drink of the world.

Special features of coffee latte art, not only taste that match the tastes of consumers, but also a beautiful of art works. This pattern reflects the art, these are saying Maker’s beliefs are different in each nation. All these factors as a result of coffee latte art are universal drink of people of all nations. As in Thailand, Among other modern coffee shops all over the country. To meet the needs of the increasing number of coffee consumers higher.

The coffee latte art is a type of coffee in the coffee shop’s menu . Meanwhile, A coffee latte art are also expected that government will play supporting role to their marketing and should have clearly legal measures. To protect the interests of the coffee latte art works at the same time.

However, The manufacturer of coffee latte art had been expected that Thailand should have a specific legal measure. Although the value of commercial coffee latte art were increasing more and more.

But, The system of legal protection were still under control of The Intellectual property law. Including, The Copyright Act B.E. 2537 and The Patent Act B.E. 2522, As the coffee latte art works was the author’s art works and the one type of the product. These both of law are which caused by international agreements that base on the western interests. With all these intellectual property law may not strongly protect Thailand interests. Although, the creative process of coffee latte art works of the Thai people will move forward despite significant.

All the reasons above mentioned, The study of protection measures of coffee latte art works : study about coffee latte art works had happened. In order to study about the protection measures of coffee latte art works by copyright law and patent law. To comparative with the International Intellectual Property Law System. Especially, China, Japan and South Korea. With the guidelines covered under various international treaties, whether treaty of Berne Convention or

the Treaty of the World Intellectual Property Organization (WIPO) which are the way to find a reasonable measures to protected coffee latte art works in Thailand.

In the research process. This research occurred under the 5 step process with The first step, is gathering information from the manufacturer of coffee latte groups whether in technical infusion creating art with milk, the problem had happen with the manufacturers. The second step, is gathering information from books, articles, judgment of the supreme court, textbooks and domestic law or relevancy international countries. The third step, Data processing and analysis of data received. For seek answers about the protection of copyright and patents in the coffee latte art works. The protection measures that are appropriate to the coffee sector. The fourth step Research productivity in research documentation. For presenting the research to the Seminar and the last step, Check the accuracy of the research report and present the following.

The study Protection measures of coffee art works : Study about coffee latte art works. The Researchers found that Thailand and among the three East Asian countries. Including the People’s Republic of China,South Korea, Japan All countries are members of The Berne Convention, the Treaty of Paris Convention And all these countries is a member of the World Intellectual Property Organization (WIPO) resulted in all countries with obligations under the Treaty of Berne and the Treaty of Paris.

To the copyright legislation. All laws of member countries are designed with similar But in some details might be different. the design of the People’s Republic of China, South Korea and Japan have the protection of coffee latte art works in 2 section as following:

The First, Coffee latte art works is a applied art works under provision of the copyright law. At the same time coffee latte art works to be protected under the Patents Act B.E. 2522 as such a product design. This form of protection called “Union Right” which The Thai Supreme Court had been sentenced on the case number 6379/2537 that the product design was the applied art works under the provision of the copyright law. The coffee latte art works can be protected by Union right. However, the protections of coffee latte art works according to patent law or copyright law are uncertainty because the verdict of the Thai supreme court may also change.

The Second, Coffee latte art works was only the copyrighted works. The Coffee latte art works could not be protected by Patent laws or Design laws because the production of coffee latte art works was not applied for industrial section but the coffee latte art works was creative works of humanity should be protected under the provision of copyright law.

The protection measures of coffee art works was very different approaches. The researchers found that although the protection measures of coffee latte art works by copyright law and patent law was very useful for manufacturers of coffee. But such measures could not consistent with reality because if manufacturers choose protected coffee latte art works under patent law and product design law.

The annual fee of right to protection or royalty have a higher value than earnings from coffee sales. Thus, Under the process of human hand made or creating a work of man. To appropriate and consistent with the purposes of protection under the law. The coffee latte art works should be deserved to protection under copyright law only.

Finally, All the reason above mentioned the researcher has proposed that divided into two parts. Firstly, Thai Copyright Act should be revised. Especially The definition of the word. «applied art works» should be cleared as South Korea and Japan. As well as to revoke or cancel applied art works as a way to be in (1) to (6) according to the Copyright Act B.E. 2537 Section 4 and describe applied art works by illustration work of applied art or show some of example was very importance . Secondly, Thai Patent Act B.E. 2522 in the part of product design must amendment by stipulate that an application for industrial must be produce only industry (Mass product). Moreover, In order to prevent confusion on law enforcement between the Patent Act and other products design works.