Similarly, the IP Court in Decision No. 785/254242 acknowledged this absence holding
that, although the plaintiff had requested the court to impose severe penalties (imprisonment and
heavy fine) on the defendant by claiming that the defendant’s act adversely affected the
economy and international trade relations, it would not impose these penalties for the following
reason:
‘... the publisher who is the copyright owner in this case has never appointed a
representative for the purpose of licensing persons in Thailand to utilize the
copyright work. If students, teachers or photocopy shops who are
representatives of those persons in Thailand want to apply for a licence from
the copyright owner so that they can make copies of the work legally, such
persons or organization would not know how to apply for such licence.’43
The Court was of the view that the injured party should take partial responsibility for
the copyright infringement in this case. The Court suggested that the users (defendant) and the
publishers (the injured party) should set up ‘a Royal Collecting Organization for various kinds
of literary work which are used in teaching and studying’.44