Report of Thai Press Monitor - coverage of IP-related stories Period Monitored: 1-13 June 2003

Note:

1. Legal and Judiciary
2. IP in Business
3. Enforcement
4. External Relations

Sources: Krungthep Turakij = Bangkok Business News, along with Manager are the country’s leading business daily newspapers. Prachachart Turakij and Than-Settakij are two most important bi-weekly newspapers for the Thai private sector. Thai Rath is the country’s mass circulation, while Matichon is a political newspaper.

Remarks: Mass circulation, general-interest papers such as Thai Rath (tabloid content in broadsheet look) and Matichon are keen on enforcement type stories. Krungthep Turakij, a business daily that is improving in strength as better-quality general interest paper, enthusiastically embraces IP coverage in any of its section—business, general news, or even the features section. The paper is widely read by decision-makers and business leaders in Bangkok while also commanding an increasingly strong following in the provinces. The same is true for Manager daily. Prachachart Business and Thansettakij which cater specifically to the business segment would run IP stories relevant to the business/economic environment. They also tend to run IP stories from outside Thailand.

A. Legal and Judiciary

• Thai NGOs announced its plan to seek an Administrative Court ruling to overturn a government decree that protects 12 plant varieties. The NGOs which have run series of seminars and protests said the decree grants monopoly power to conglomerates (CP Group) and multinationals (Dupont, Monsanto, Syngenta) while causing sufferings to Thai farmers who will have to pay, or liable to penalty in the future just to use or trade seeds. NGOs and academics say that if the decree will have wide ranging implications on Thai farmers as these 12 varieties are basic, and widely grown plants including tomato, pepper, cucumber, long been, corn, soy, mung bean.
• The DIP is finalising amendment to the Copyright Act BE 2537, with the amended version soon to be submitted to the Commerce Minister, and then for Cabinet approval. The amended Act will address new issues arising from digital technology, clarify "repeat use," to cover electronic use such as upload, download, "public use" and also spell out penalty for hackers. It will also accord more protection to right holders. DIP has worked together with the Council of State, the PM 's Office and the Foreign Ministry on the amendment.
• The Thai King received a patent --his fourth to date -- for his invention of a rainmaking technique called "Super Sandwich."
• The Department of Agriculture is speeding up works for patent application of Thai Silk. It will confer urgently with the DIP on how to protect Thai silk, after having learnt that China and India have been exporting silk products using the generic name Thai silk. The story’s been played in all key newspapers.
• In an article titled "Will Thailand Lose or Gain from Free Trade Agreements?" legal academic Jakkrit Kuanpoj pointed out the US is prepared to push for IP protection beyond TRIPs to cover internet, plant varieties and organisms.

B.  IP in Business

• Some 40% of Japanese companies in Thailand surveyed by the Japanese Patent Office and JETRO said they are facing problems of counterfeiting of manufactured goods including car parts, and urged the Thai government to pay attention to enforcement for the sake of consumer safety.
• Siam Inter Comics Co.,Ltd has invested in copyright to translate and distribute over 100 titles of Chinese Kungfu novels. The company announced it will crack down on pirates from December this year.
• Bank Thai sponsored an advertorial explaining the concept of IP valuation -- focusing on trade mark, copyright and patent.
• A team of Thai researchers/engineers have successfully created a prototype of aerial for transmission of WCDMA 3-G signals and they are applying for patent.
• Continuing the dispute, provincial cable TV operators accused UBC of monopolising copyright of popular TV output. UBC said it only complied with terms dictated by right holders. Meanwhile, those operators press on with purchasing rights to broadcast output from other foreign broadcasters with no exclusive deal with UBC.
• To make Thailand more competitive, the government should pay serious interest to promote IP awareness, instead of just focusing on piracy crackdown. Thailand should adopt pro-patent policies like in Japan, US, EU to encourage R&D, according to an article produced by lawyer Manoon Changchamni or Baker&Mckenzie

C. Enforcement

• Deputy Commerce Minister Wattana Muangsuk said he's still not happy with the crackdown on piracy because even though pirate products have virtually been wiped out from streets in Bangkok during the one-month campaign, they reappeared in the provinces. He specifically requested action in Phuket and threatened to transfer the Governor if situation persists.
• DIP reported two more seizures of pirate CD plants in Samut Sakorn. As a result of the raid, Thailand’s second biggest record company RS announced would contribute to a fund to subsidize the move of seized CD machine to a safe place

D. External Relations

• One year after China joined WTO, lots of Chinese companies remain IP-ignorant and ill-equipped to respond to court actions against them by multinationals, according to the officials Xin Hua news agency. With Chinese companies facing a string of IP problems including patent disputes with Japanese and European firms, "some countries" have already made IP an issue of trade barriers for China.
• US TIME Inc. appealed to the Chinese government over copyright infringement by a local radio station in Shanxi province which used the "Fortune" name and logo. The radio station denied the charge, saying that more people in Shanxi know Fortune the radio station, than Fortune magazine.
• Software piracy is most rampant in the Asia-Pacific, according to the result of an annual survey conducted by the Business Software Alliance. The situation in Thailand however has improved, with piracy rate decreasing.;
• Operators of online music download have started a price war in light of the launch of legal download service from Apple Computer.
• Thai Rath newspaper picked up the report from the Malaysian Star newspaper about a pirate VCD plant in a chicken farm being busted recently by Malaysian police.