Supreme Court Judgment 13535/2557 — Bangkok Guide maps

Expediente y fuentes

Nombre

Supreme Court Judgment 13535/2557 — Bangkok Guide maps

Cita

ฎีกา 13535/2557

Tribunal

Supreme Court of Thailand, Intellectual Property division

Instancia

última instancia

Fechas

year

2014

Estado

year-only-reporter

Resultado

Partial infringement convictions affirmed; fines reduced to THB 200,000 each, with the suspended custodial sentence otherwise maintained.

Resumen

Street facts were free, but the team's surveyed selection, arrangement and graphic expression could be protected; the claimant could enforce only the original transferred layer, not later improvements outside the transfer.

Antecedentes

A human mapping team surveyed and measured routes, gathered and analysed facts, chose material, scale and presentation, and prepared the maps. A competing map repeated three errors. The claimant's published map also included later improvements not covered by the original transfer chain.

Historia procesal

A private criminal copyright complaint proceeded in the Central IP and International Trade Court. Defendants 1 and 2 were convicted and fined THB 300,000 each; defendant 2 received six months suspended, while defendant 3 was acquitted. The convicted defendants appealed; the Supreme Court affirmed infringement within the claimant's transferred layer but reduced each fine to THB 200,000.

Cuestión jurídica

Whether human survey, selection, analysis, scale and arrangement produced protected map expression, and which historical layer the claimant actually owned.

Criterio

Street facts were free, but the team's surveyed selection, arrangement and graphic expression could be protected; the claimant could enforce only the original transferred layer, not later improvements outside the transfer.

Fundamento decisivo

Human selection and arrangement of unprotected facts can generate a protected layer, but rights extend only to the layer actually created and owned.

Límites

The case had extensive evidence of a human survey and mapping workflow. It does not establish that selecting one AI response or owning a base model creates copyright in all model-generated expression.

Relevancia

autoria-asistida

Referencias relacionadas

Peso del precedente

Final Supreme Court authority with high guiding weight on human selection/arrangement and granular ownership. Integración/votación: Three-judge panel: Thatchaphan Praphutthanitisan, Aram Senamontri and Parinya Deephadung (Thai transliteration); individual votes/separate opinions not published.

Fuente

Referencia

Supreme Court Judgment 13535/2557 — Bangkok Guide maps

Enlace

Consultar fuente

Autoridad

ThaiDeka reproduction identifying source as the Office/Division of Supreme Court Judicial Assistants

Tipo

national human selection/arrangement and layered-ownership analogue; not an AI case

Localizador

ThaiDeka ย่อสั้น on survey/selection and transfer layers; เนื้อหาคำพิพากษา procedure and final disposition; ข้อมูลฎีกา parties/coram/source

Verificación documentada

Sí