Thailand still on IP rights list
THE GOVERNMENT has expressed its disappointment over Washington's decision to keep Thailand on the US Priority Watch List (PWL) for intellectual-property protection for an eighth consecutive year, even though the Kingdom has tried hard to crack down on IP
However, although the country’s long presence on the PWL has created a negative image, it has not yet impacted foreign investor confidence, Malee Choklumlerd, director-general of the Intellectual Property Department, said yesterday.
Thailand remains on the PWL as a “weak country” in terms of protecting IP rights (IPR) after the latest review by the United States Trade Representative (USTR) – conducted under its Special 301 measure – of the adequacy and effectiveness of IPR protection by US trade partners.
The report was released on Thursday night.
Thailand was downgraded to the PWL in 2007, meaning that its exports to the US might be subject to higher import duties.
“The government has made great efforts to convince the US to upgrade Thailand’s trade status to the Watch List, while also closely working with the US from many angles in promoting intellectual property right protection. However, the US is not yet satisfied and would like us to carry out intellectual property law amendments,” she said.
The US is not satisfied with the country’s efforts as it believes its laws have not yet been enforced, while it wants Thailand to include more punishments for IPR offenders, she said, adding that this however was a problem in that it duplicated current criminal laws.
To promote Thailand’s chances of being removed from the PWL next year, the department will soon discuss with Commerce Minister General Chatchai Sarikalya the drawing up of strategies to improve the country’s efficiency in regard to IPR suppression and protection, said Malee.
The latest USTR report states that “strong and balanced protection and enforcement of intellectual property are critical for promoting exports of US innovative and creative goods and services, and sustaining those jobs here at home”.
“The ‘Special 301 Report’ is an important tool – and a demonstration of this administration’s resolve – to ensure that Americans can bring their inventions and creations to people all over the world without their work being infringed or misappropriated,” it adds.
In this year’s report, “trading partners on the PWL present the most significant concerns regarding insufficient IPR protection or enforcement or actions that otherwise limit market access for persons relying on IP protection”.
Thirteen countries – Algeria, Argentina, Chile, China, Ecuador, India, Indonesia, Kuwait, Pakistan, Russia, Thailand, Ukraine and Venezuela – are on the PWL, and will be the subject of “particularly intense bilateral engagement” during the coming year.
Twenty-four trading partners are on the Watch List, and also merit bilateral attention to address underlying IPR problems, the USTR states in the report.
The USTR also announced that it would launch several OutofCycle Reviews to enhance engagement with trading partners and encourage progress on IPR issues of concern.
It says it intends to conduct such a review of Watch List countries Paraguay, Tajikistan and Turkmenistan, as well as of two countries not currently listed, which are Honduras and Spain.
