Exporters to US warned against piracy penalties

 


 

 The message was echoed at the panel discussion on July 18, hosted by the Economic Crime Division (ECD). The discussion focused on the US’s Unfair Competition Act (UCA), which requires manufacturers and exporters anywhere in the world to use only legitimate IT, both hardware and software, in carrying out all manufacturing and commercial activities from offices to factories.
 “Business leaders in Thailand can do well by their shareholders, their employees and their national competitiveness by simply adhering to the nation’s copyright laws protecting software copyrights, which is adequate for safeguarding their trades with the US,” said ECD’s Deputy Commander Chainarong Charoenchainao.
 Reports about the UCA movement first surfaced in Thailand last year as officials and industry stakeholders discussed the law and its implications for manufacturers and exporters to the US. Now, however, because of the intense economic pressure and the desire to reinvigorate the US job market, legal experts say enforcement of the laws have begun against infringing manufacturers around the world in order to level the playing field for US manufacturers. 
 “It is clear that the prudent thing for manufacturers to do is to ensure that their software is compliant with Thailand’s copyright laws,” Chainarong said. “I have genuine concern for Thailand’s manufacturers.  In this group, I include Thai companies and multinational companies using Thailand as a manufacturing base.”
  Thailand has sufficient IP laws, and the presence of UCA only provides one more incentive to comply with these laws or else manufacturers and exporters could face lost business opportunities in the US marketplace.  Ultimately, following UCA and local copyright laws is about showing mutual respect for intellectual property rights.
 Since its inception, the Thai Copyright Act BE 2521 has been the prevailing law protecting software copyrights.  The law has been used to protect the innovations of software companies, including several homegrown software companies creating local IP.  The Copyright Act makes violation of software copyrights punishable by fines and possible jail sentences.
  Legal and IT experts advise companies with export markets in the US to perform a software audit now to ensure they are properly licensed and not using pirated software.  IT consultants can perform audits for companies. 
  Obtaining software certifications and providing written assurances to their dealers or retailers, which can be held legally liable under UCA, in the US will help establish credibility for manufacturing companies in Thailand.  It is in the best interest of all manufacturers to adopt licensed IT and enjoy competitive benefits rather than risking litigation and losing access to the US market due to IP rights violations.
 “As someone who has been on the front lines of Thailand’s efforts to reduce software piracy, my suggestion to the business community is to ensure your software is fully licensed and then to use your legal status to promote your business,” said the Deputy Commander. “Much like some companies promote their ISO achievements, I believe that manufacturing companies will be able to promote their UCA compliance as a way to attract and retain new customers in the US.”
  Since 2006, Thailand’s PC software piracy rated has fallen from 80 per cent to 72 per cent in 2011.  This is among the fastest rates of reduction in Asia, putting Thailand behind only Hong Kong in reducing software piracy over the last half dozen years.  Much of the credit for this reduction belongs to responsible Thai government agencies, which have so far helped in communicating and enforcing Thailand’s copyright laws among business enterprises using pirated or unlicensed software within their operations.