Thailand IP News
Thailand IP news. March 2009
The European Union has indicated that it is advancing bilateral free trade talks with Thailand even though it has not succeeded on any EU-ASEAN agreement. Philippe Meyer, the directorate-general for trade at the European Commission, has indicated his frustrations with ongoing talks with their ASEAN partners, who as a diverse group have many different priorities. There have been a total of six rounds of talks between the group.
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Since ASEAN’s target of forming a unity group by the year 2015 or thereabout, the EU feels that this target is too far off. It can’t just wait for things to happen, so instead, it has gone on tackling with individual countries. This is brought about due to the world economic crisis. There is much pessimism in the EU that ASEAN will even be able to achieve unity by 2018 as there is a big problem with Myanmar. Perhaps by tackling with each country individually, the process of free trade agreement between the two economic blocks can be achieved faster or at least on a more practical path.
The main reason to target Thailand is because the EU is its largest trading partner. For 2008, Thailand exported $24 billion to 25 of the EU countries, with 51% of the products with zero tariffs. Another 23% of products have been granted GSP (generalized system of preferences).These items are however subjected to reviews every three years. An agreement would eliminate much miss understandings. Thailand also imported $14 billion worth of goods from the EU, much of which consist of machineries, pharmaceuticals, chemicals and services. Thai exports to EU mainly consist of poultry, computers, agricultural products, clothing and automotive parts. One of the main issue of contention is agriculture food products, where there is a strict import standard to adhere to. Another area of much concern is intellectual property rights and the EU is likely to force Thailand to better respect IP matters. Hopefully, with a FTA worked out, things will move more smoothly.
In an apparent drastic move to clean the country from being blacklisted for intellectual property infringements, the Thai government is suggesting laws to penalize the buyers, users and possessors of infringed products. Under this legislation, even landlords that provide shop lots for those selling counterfeit products will be persecuted. However, judges cautioned that enforcement efforts will have to be improved for such legislation to be effective in countering IP piracy. The only other countries that have such laws is Italy and France.
The proposal recommended a not more than 1,000 baht fine or forced public service for both processors and users. Landlords who rented out premises for such activities will also be fined and subjected to civil and criminal suits under the Trademark Act. Violators of the law can be fined not more than 400,000 baht plus imprisonment of not more than 4 years. If they breach any copyrights, they could be fined not more than 400,000 baht, or imprisoned not more than 4 years, or both. Looks like Thailand is really serious in wiping out intellectual property piracy after all.
June 3th 2009
Thai joining PCT
Puangrat Asavapisit, director-general of the Intellectual Property Department of Thailand, has reportedly said that her country will most likely move into accession of the PCT ( patent co-operation treaty ) next month, joining the other 138 member countries to give Thai inventors a better and cheaper way to file their intellectual properties in foreign markets. After signing into accession, Thailand will have ninety days to announce its entry, and thereafter, inventors can file their patents in overseas countries, either directly, or through WIPO. It is the seventh ASEAN member to accede to PCT convention.
One of the glaring setbacks that Thais have been facing is the lost due to the absence of any form of protection for their intellectual properties in foreign countries. And there have been many counterfeits of Thai produce, mostly made in China and exported to other countries. It would then be practicable for Thais to file their IP’s in China and other countries through the PCT at a far reduced cost and hassle. Hopefully, Thai manufacturers will treat the IP filing as a necessary business expense, and not forgetting that Thai products will be treated fairly and with international status. Thailand began PCT negotiations about four years ago.
August 11, 2009.
The new Creative Thailand Policy.
The Thai government under Prime Minister Abhisit Vejjajiva intends to boost the creative industries in the service sectors to 1.8 trillion baht by 2012, or at least 20% of the country's gross domestic product, from 10% or 900 billion baht. Deputy Commerce Minister Alongkorn Ponlaboot said the government would be allocating 20.13 billion baht from its 1.43-trillion-baht second economic stimulus package to the sector, consisting of entertainment, software, tourism, education, food and textile sectors. Areas that needed attention are R&D for creative industries, marketing and commercial activities and also the upgrading of intellectual property management.
Among the new strategy for the intellectual property sectors includes revamping state entities so that they operate more in line with the private sector models. Bureaucracies have to be reduced and customer relationship will be incorporated. At the core of the new changes will be the existing Intellectual Property Centre, which will be transformed into the “Creative Thailand Institute”, where it will co-ordinate with the other government agencies to promote regional specialties on film, music, lifestyle, culture, arts, and the geographical indicators for the food business.
Sourced from the Bangkok Post. August 29, 2009.
Good news for Thai IP filers
Beginning December 24, 2009, Thai nationals will be able to file their intellectual properties through the Patent Cooperation Treaty act. This is because Thailand has officially acceded to the PCT pact. As for filings before December 24, they will not come under the PCT agreement.
October 21, 2009.
The Korat is now protected.
In a new move to protect endangered species, Thailand has patented the Korat cat. The breed known as Mae Si Sawad or the silver-blue cat needs special protection as there is only about 2000 of them left in the country. Korat cats has special distinguishing features like green eyes when born, but turns amber when grown up and comes with silver blue coat of fur. Each Korat can cost up to US 600 dollars and the move of patenting it by the Livestock Department is to help breeders to earn an income. Hopfully, the Korat will be made into a national cat.
March 18, 2010.
GI for the northern coffee blend
Thailand is going all out to establish itself as the main player of geographical indication (GI) in the Asia region. In furtherance of this course, Pajchima Tanasanti, Director-General of the Intellectual Property Department at the Commerce Ministry of Thailand will apply to the EU for registration of its special coffee variety as a GI. The two varieties known as the Doi Tung and Doi Chang are beans planted in the northern hills of Chiang Rai Province. Getting a GI protection for the coffee seeds will ensure the continuance of its cultivation as well as preventing fakes from flourishing.
April 21, 2010.