On April 30 2010, the Office of the United States Trade Representative (USTR) published its 2010 Special 301 Report examining the application and effectiveness of intellectual property rights enforcement (IPR) by countries around the world. The USTR bases its opinion on submissions received from different groups, including lobbies such as the Pharmaceutical Researchers and Manufacturers of America and the International Intellectual Property Alliance, as well as non-governmental organisations (NGOs) like Doctors without Borders.
Among the 12 countries listed on the Priority Watch List (PWL) of countries not respecting IPR, China and Russia remain at the top of the list. For the fourth year in a row, Thailand is also on the list. The USTR has highlighted its concerns regarding the increase of manufacturing and distribution of illegal optical discs and the significant amount of internet, cable, and signal piracy. In the Report's estimation, the lack of communication among the various stakeholders (public health entities, NGOs, pharmaceutical companies, etc) leads to discrepancies between governmental policies and the objective of the patent system, which is to promote investment and innovation.
However, the Report clearly recognises that the Thai government has made strides in this area since 2009 by enhancing its IPR regime in a number of ways. Among the improvements noted is the country's accession to the Patent Cooperation Treaty (PCT) effective on December 24 2009. The PCT should permit the expediting of patent registrations and its full effect should become clearer sometime between 2011 and 2012. The government is also reviewing the Trade Mark, Patent, Copyright, and Computer Crime Acts in order to further protect and enforce IPR. Points to be discussed are the possible liability of landlords in case of infringement, the illegality of recording movies in a cinema, and the authority of Thai Customs to take ex officio actions. The government has also put in place awareness and enforcement efforts since last year's Report. A notable example is the posters visible at Thai airports indicating fines for transporting counterfeit goods into France or Italy.
The Thai government seemed surprised to be maintained on the PWL. During the year ahead, the USTR will conduct an out-of-cycle review for Thailand, consisting of observation of actions taken by the government. During the course of the review, we should expect increased IPR enforcement actions from the government. Once all of the Thai government's IPR enforcement efforts are taken into account during this review, perhaps Thailand's status on the PWL will be reevaluated.
 |
| Clemence Gautier |
Tilleke & Gibbins International Ltd
Supalai Grand Tower, 26th Floor
1011 Rama 3 Road, Chongnonsi, Yannawa
Bangkok 10120, Thailand
Tel: +66 2653 5555
Fax: +66 2653 5678
bangkok@tillekeandgibbins.com
www.tillekeandgibbins.com