Law Firms in Thailand See Positive, Less Controversial Steps in Piracy Fight
- By Gregory Smyth
- Published 02/1/2010
- Legal
- Unrated
The words 'Thailand' and 'cheap knockoffs' go hand-in-hand in many circles of the world, and it is an image - and a physical phenomenon - that the government is trying valiantly to stamp out. Tough new laws have been under debate since last year, with some cautioning that they will be tough to enforce and their use in terms of 'justice' is doubtful.
Thai lawyers have made extensive comment on the piracy issue in Thailand - and representatives of industry groups in other nations have been just as vocal about intellectual property laws. One of our country's legal steps towards further protection of intellectual property on a global stage became effective only recently - our membership of the Patent Cooperation treaty. We examine the Thai law anti-piracy journey so far, and what membership of the PCT means for clients of Thai corporate legal services.
The push for a solution
From mid 2008 to mid 2009, there was a significant international push for a tightening of Thai laws on piracy of items, especially in the arena of copyright infringements. First America, then Britain, made comments about the necessity of stamping out piracy. America's interest is mainly in the revenue lost in Hollywood due to camcorders being taken into movie theaters, and the recordings being placed on optical disc or peer-to-peer networks.
While the substance of Thai laws on copyright is certainly up to agreed international standards, there is a substantial part of the economy dedicated to pirated items, and the enforcement of the laws has proven difficult.
A controversial plan
In mid-2009, the government put forward an initial
Thai law proposal to criminalize buying and using pirated products, as well as selling the products, and renting space to sellers of counterfeit goods. Judges said that although something certainly needed to be done, the laws would be tough to enforce as up to half the population of Thailand could be considered criminal. Thai law consulting firms saw similar logistical problems also, with an upheaval in both society and the economy if wide-scale arrests or even fines took place.
Moves towards compliance
One of last year's positive steps included the launching of an online directory of IP-related resources and services that are available in ASEAN member states, for both organizations and any interested parties. The most recent development is the fact that Thailand's ratification of the PCT (Patent Cooperation Treaty) became effective, on Christmas Eve 2009. The PCT enables patent protection in multiple countries via a single patent application, and so would help remove any doubt about whether many trademarks are actually protected within Thai borders. Other benefits of this change as seen by Thai corporate legal services include:
• Reduction of the costs associated with patent applications for Thai businesses, as well as overseas companies.
• Thailand corporate legal services will be able to search the international database on behalf of their clients making patent applications, and can amend the application if it seems doubtful that it will be granted in any particular jurisdiction.
• The international patent actually serves as an international advertising tool.
• With better Thai law compliance with international IP laws, Thai exporting businesses may soon start to see the benefits in improved trade relationships.
Thai lawyers have made extensive comment on the piracy issue in Thailand - and representatives of industry groups in other nations have been just as vocal about intellectual property laws. One of our country's legal steps towards further protection of intellectual property on a global stage became effective only recently - our membership of the Patent Cooperation treaty. We examine the Thai law anti-piracy journey so far, and what membership of the PCT means for clients of Thai corporate legal services.
The push for a solution
From mid 2008 to mid 2009, there was a significant international push for a tightening of Thai laws on piracy of items, especially in the arena of copyright infringements. First America, then Britain, made comments about the necessity of stamping out piracy. America's interest is mainly in the revenue lost in Hollywood due to camcorders being taken into movie theaters, and the recordings being placed on optical disc or peer-to-peer networks.
While the substance of Thai laws on copyright is certainly up to agreed international standards, there is a substantial part of the economy dedicated to pirated items, and the enforcement of the laws has proven difficult.
A controversial plan
In mid-2009, the government put forward an initial
Moves towards compliance
One of last year's positive steps included the launching of an online directory of IP-related resources and services that are available in ASEAN member states, for both organizations and any interested parties. The most recent development is the fact that Thailand's ratification of the PCT (Patent Cooperation Treaty) became effective, on Christmas Eve 2009. The PCT enables patent protection in multiple countries via a single patent application, and so would help remove any doubt about whether many trademarks are actually protected within Thai borders. Other benefits of this change as seen by Thai corporate legal services include:
• Reduction of the costs associated with patent applications for Thai businesses, as well as overseas companies.
• Thailand corporate legal services will be able to search the international database on behalf of their clients making patent applications, and can amend the application if it seems doubtful that it will be granted in any particular jurisdiction.
• The international patent actually serves as an international advertising tool.
• With better Thai law compliance with international IP laws, Thai exporting businesses may soon start to see the benefits in improved trade relationships.
Gregory Smyth
BSA Law has focused on providing reliable thai Law consulting and services to the business community in Thailand for nearly 30 years.Click to find out more about Law firm in Thailand.
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