Artificial intelligence (AI) has been developed over the past few years with the purpose to facilitate the work in various sectors including financial industry, and healthcare service. However, the regulations do not keep pace with the rapid development of AI.
Thailand has recognized the status of AI as property according to the Civil and Commercial Code of Thailand (CCC). This is because it could be deemed valuable, and the creator will own an AI algorithm. Moreover, AI is also classified as computer program which allowed the protection from the intellectual property law (Copyright Act of Thailand). Unfortunately, Patent Act of Thailand may not provide the protection to AI since the protection does not cover the invention in relation to computer program or scientific and mathematical theories such as algorithm.
With the unclear status, the Office of the National Digital Economy and Society Commission (ONDE) has proposed the draft Royal Decree on Artificial Intelligence System Service Business (the “Draft”). In accordance with the Draft, AI is defined as a machine-based system that enables to make predictions, recommendations, or decisions that affect real or virtual environments pursuant to the objectives set by humans. The Draft also prohibits a high-risk AI that might cause any danger by specifying criteria and procedures to minimize potential risks of each AI.