The US recently identified Thailand on the 'Special 301 list' - a list of the worst offenders for supplying and on-selling counterfeit and prated goods. Those on the list may be subject to trade barriers, including increased tariffs on goods exported to America, embargoes and other trade penalties. Naturally, the government sees it in the interest of the general public and the business community to crack down on counterfeiting. How, Thailand business law experts envision problems with the proposed system.

Thailand's law on piracy now making their way through the legislative system propose not only harsher penalties for the sellers of counterfeit goods, but penalties for those that indirectly profit from them also. This includes end consumers and even possessors of counterfeit goods. Some law firms in Thailand estimate that up to half of the Thai population could be affected. Not only end users, but landlords that allow their lessees to sell pirated or counterfeit goods, will be penalized under the new law. Little has been published about the penalties for the actual profiteers in piracy and counterfeiting circles.

The logistical aspects of these laws have some Thai lawyers worried about their enforceability, and therefore their efficacy. While there are few that disagree that some action is needed, some are worried about the impact of considering up to half the population of Thailand criminal. Breaches of privacy and the abuse of power by authorities searching for counterfeit goods could follow if the laws are not written specifically enough; warn some Thai law consulting firms.

One Thai law measure that few disagree with is stronger policing of the hotspots for counterfeiting, including the top five identified places in Bangkok. These are MBK shopping center, Pantip Plaza, the Klong Thom, Patpong Road and upper Sukhumvit Road. Thailand lawyers also encourage the other countries named on the watchlist to tighten laws and step up policing measures. These countries include Chile Canada, China, Russia, Algeria, Indonesia, Israel, Venezuela and Pakistan.

One of the counterfeit items that most concerns the US, the proponents of the change in Thai law, is the counterfeiting of movies by bringing camcorders into a cinema. In Hollywood, the most vulnerable area to film piracy by camcording, films are recorded in cinema on handheld devices and then distributed via peer to peer networks. Often the camcorder image is burned onto a disc in a replication lab, which then finds its way onto the streets of Bangkok. Government representatives have advised the US that the existing framework of copyright law in Thailand would be used to crack down on such piracy offences, though.

Thai business law specialists and Thai law consulting firms have also applauded preventive measures that have recently been put in place, including the IP/Direct program. The program will be administered through ASEAN, and promotes awareness of issues like IP awareness, licensing offices, rights management organizations and public education.