Thai firm suspected of possible rights violation

TUESDAY, OCTOBER 30, 2012
Thai firm suspected of possible rights violation

Six companies from Thailand, mainland China, Hong Kong and Vietnam are at risk of being investigated for violating the United States' Unfair Competition Act (UCA) over the use of illegal software, Thailand's Intellectual Prop-erty Department warned yester

The caution comes hot on the heels of a Thai seafood producer |and exporter recently being fined US$10,000 (Bt307,000) by a Massa-chusetts court for using unlicensed software at its plants, which produce items for the US market.
“Thai firms need to be more aware about the need to use legal software and copyright in their trading or any other operations or activities,” said the department’s director-general, Pajchima Tanasanti. “If they are not concerned and use illegal or unlicensed goods, they could face difficulties and huge losses for violating the intellectual-property-rights law and the UCA.”
US officials are closely monitoring six Asian firms, one of which is a Thai business, over possible use of illegal software, she said. If their suspicions are confirmed, they will send a team to investigate the facilities and, if necessary, commence a petition process.
The Thai company being monitored has not registered for using licensed software, she added.
To prevent Thai firms running afoul of the UCA, the department |has cooperated with the Open Com-puting Alliance in arranging a “How to Export to the US by Not Breaching the UCA” seminar, which will be held on November 28.
At the event, software companies will provide discounted licensed software to Thai producers.
In addition, Thai officials have high hopes that the US will upgrade Thai-land to Watch List status next year, thanks to the upcoming implementation of the amended Copyright Act, which will protect intellectual property rights (IPRs) against Internet piracy, and the soon-to-be passed anti-camcording law.
Pajchima said both measures, |the second of which would stringently punish violators who make cinema recordings of movies, are expected |to be enforced next year, pending Parliament’s endorsement by April 30.
Under the anti-camcording law, convicted violators would be subject to a Bt100,000-Bt800,000 fine and/or six months to four years in jail.
Stricter protection of IPRs should go a long way in satisfying the US, as the law will protect rights in many areas, including books, songs and movies, she added.
Pajchima said another cause for optimism was the fact that South Korea’s status with the US had been upgraded after it passed copyright legislation to protect IPRs on the Internet.
Thailand is currently on the US Priority Watch List (PWL), which is |the second-worst category in Wash-ington’s classification of countries’ IPR protection.
Thai officials hope the Kingdom will be upgraded to the normal Watch List in April after languishing in the PWL category for five years.
Meanwhile, the department expects the draft bill covering trademarks on scent and voice will be forwarded for parliamentary consideration soon.
If passed, the law will protect some products with special aromas and certain TV programme intros.