The Comparative analysis of Greater Mekong Sub-region which affect the local context

Abstract

The Adjective of this study is to 1. Study the legal system of Greater Mekong Sub-region (GMS) 2. Study the process and regulations of GMS copyright protection mechanism. 3. Compare and analyse the similarity and distinction of GMS countries copyright law.

1. The legal system of GMS countries could be separated into 3 groups which was Civil law including Thai and Cambodia, Common law of Myanmar and Vietanam Laos and China which adopted Socialist law as mandatory legal system.


2. In part of regulation, process of granting copyright protection of GMS countries. Most countries within GMS has copyright protection available, except for Laos PDR which has no specific legal provision for such matter. Every countries with the law has the same copyright protection mechanism.


3. By Comparing the copyright law of GMS countries, the research found each countries copyright granting process to be the same except for Laos PDR. The exercising of rights was the same in each countries except for Myanmar and Laos PDR. In part of process every countries contains similar context except for Laos PDR in which the law was not yet available.

The similarity and distinction of GMS countries copyright law

Copyright protection system

Similarity ,Except for Laos PDR, most GMS countries copyright law was available. The protection process is the same which was automatic protection promptly with the completion of creative works. There were also the registration system to verify the validity of copyrighted works when the infringement occurs.

Distinction ,The copyright protection system of GMS countries, except for Laos PDR which has no specific provision, was mostly similar with each other which cover international protection but Myanmar only provides copyright protection domestically.

Copyright protection granting step.

Similarity ,Except for Laos PDR, Most GMS countries has automatic copyright protection after the completion of creative works in place. The protection needs no registration, hence, the granting step was not available.

Distinction ,None

The exercising of rights

Similarity ,Except for Laos PDR, Most GMS countries copyright law cover both direct and indirect copyright infringement.

Distinction ,Except for Laos PDR, Most GMS countries copyright law cover different category of creative works

Process

Similarity ,Except for Laos PDR, Most GMS countries copyright law contains both civil sanction and criminal offences with specific copyright provision.

Distinction ,Different legal system made different process.

The Issue and Challenge of GMS copyright law based on the study.

First, the different legal system. Second, there was still a country with only domestic copyright protection law. Third, a country still has no specific copyright law. Fourth, the different category of creative work which was copyright protected may resulted in inconsistency of copyright protection internationally.