Report of Thai Press Monitor - coverage of IP-related stories Period Monitored: 1-14 March 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 Turakij 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

• Deputy Commerce Minister Wattana Muangsuk (DCM Wattana thence) said the draft law on collective management of copyright will "soon" be ready and that karaoke operators must register for copyright management permit before they are allowed to operate. Such system will allow the government to collect revenue, while eliminating "mafia" from the trade.(Matichon4-3-03)
• Forum Asia, a human rights NGO, asked the Department of Intellectual Property (DIP) to revamp the patent system, as the one in force allows bigger companies to claim patent ownership in stopping small local producers from operating cottage industry such as wine production.
• Prachachart business paper is running a series of article by an NGO advocate who claims patent serves as means for industrialised nations to extort the poor.

B. IP in Business

• Joining the Patent Cooperation Treaty will benefit Thailand as its companies innovate and export more, said a story in the Bangkok Post. The story featured comment from ECAP project director Johan Amand explaining the benefits of joining the PCT.
• News and picture of the EU IPR Network launch appeared in Krungthep Turakij (news and picture) and Matichon newspapers.
• The DIP reported that its mobile unit in the northeast (travelling upcountry to promote IP and to process IP application) has received over 400 applications from small operators to register various types of IP right to date.
• The DIP bought a quarter page of ad space to explain the need for geographical indications protection. Nevertheless, a coalition of academics and NGOs vowed to oppose the passage of this bill, which is due to be debated in the parliament 19 March 2003. They said the bill was tweaked and twisted to follow the dictate of the the US government and it offers inadequate protection for Thailand’s agricultural assets. The key point of contention is how words such as jasmine rice will be deemed generic terms under the bill at its present shape.
• Designers complained that the Chatuchak weekend market is a fertile ground for copycats and that they are reluctant to display their works as copycats often come up swiftly with cheaper replicate. They said they consulted with DIP which said there is nothing it can do to stop the stealing of ideas.
• TECA and Phonoright, which manages copyright for Thai and international musicians respectively, signed a collective right management agreement -- reportedly the first of its kind in Thailand.
• Citing piracy by illegal cable TV operators, cable TV operator UBC sought and got the state approval to raise monthly subscription fee by 161 baht from May. UBC also urged the authorities to sort the problems of illegal cable TV operators along the line of the government's policy on pirate CDs. A columnist in mass circulation Thai Rath commented that DCM Wattana should make crackdown on illegal cable TV operations as part of the impending campaign against piracy. In response, Wattana said his Ministry has no authority to deal with the cable TV piracy and that UBC has to seek help of the Public Relations Deparment which regulates frequency.
• Trigger Co.,Ltd, is implementing the CIPITC court ruling that it owns the Thai font PSL, said it has reached a proper understanding with a number of printing houses which agreed to pay subscription fee for the use of the PSL font.
• A Thai company Tsuburaya Chaiyo announced it has won a 7-year old battle in the Tokyo Court, which declared him copyright owner of the Ultra Man cartoon character outside Japan. Sompote Sangduanchai, who claimed his part in creating Ultra Man, announced that various business plans to commercialise the popularity of Ultraman will soon be implemented now that he's the legitimate right owner.
• DIP, Phono Right (the Thai chapter of IFPI) along with Grammy and RS (two largest record companies) discussed how to prevent unauthorized use of music in increasingly popular download of mobile phone ring tone. DIP DG suggested some sort of subscription system, which the record companies should not charge too much for the service.

C. Enforcement

• In a market survey of pirated CD trade ahead of the 1April crackdown, Prachachart Turakit (3-5/3) reported brisk trade going on as usual in the Chatuchak weekend market, Panthip Plaza, KlongThom flea market downtown Bangkok and beyond. Cheap pirate CDs,DVDs remain popular among both Thais and foreigners. Imports of pirated CDs, DVDs continued in the border provinces in the north and northeast. A number of shops surveyed offer a mixture of both copyrighted and pirate products. Traders reported that pirate product manufacturers may move facilities into Burma and Laos to avoid crackdown in Thailand.
• Pirate CDs are also being actively traded in over 100 shops across the border town of Had Yai ahead of the 1 April d-day for crackdown. With abundant supply reportedly shipped across the border from plants in northern Malaysia, pirate CD retailers said pirate cassette, CDs, MP3, DVD were still selling well and that so far neither Thai nor Malaysian police bothered them. Traders interviewed by the paper said they believe the crackdown is aimed at big manufacturers and not retailers like them. They are confident that they can escape the crackdown because their "informers" would alert them of any upcoming sweep. Still, chief customs officer said officials will strictly enact the central government's policy of suppression.
• In a letter from readers published by mass circulation Thai Rath, a lady wrote to protest "how police and those who claim to represent rights holder of cartoon characters that appear in kids and adult clothes harassed vendors who sell infringed products." The lady claimed to be subject to a "well organized raid, taken to an office in Sathorn Road," where those rounded up were presented with a letter, eventually resulting in 20,000-30,000 baht fine in order to avoid law suit. The columnist responded that even though the government's right in enforcing copyright, it should not allow "lucrative loopholes" to arise in the process of enforcement.
• DCM Wattana said he has been informed by the US Ambassador to Thailand that the US government is practising a policy of blacklisting landlords and owners of premises that allow trade in pirated products, in which US businesses would boycott such people as well as those who do not cooperate with the US authorities in suppressing IP infringements. High on the sanction list include the well-known spots of pirate CD trade centres namely Pantip Plaza, Tawanna, MBK, Future Park Rangsit, and CP (owned by DCM Wattana's in-laws) which owns Fortune Tower, Seri Centre and Seacon. DCM Wattana vowed to take stern action against mall owners that ignore trade of infringed products in their premises.
• DCM Wattana said he has sought the Revenue Department's cooperation to equip registered CD machines with "meter" to account for every single piece of legal CD produced. The device will also help the Revenue Department to track tax payment.

D. External Relations

• A senior executive of one of Thailand's major rice exporters discovered trademark infringement -- Chinese rice wearing the jasmine rice label of his company-- while travelling to Chongqing province of China in the Commerce Minister's delegation recently.
• DCM Wattana said he plans to present the government 's intensive campaign to eliminate piracy between 1April to end of June and the outcome to the APEC meeting which Thailand will host with a view to impress the US, so that the US will remove Thailand from its IP Watch list. He said that if his effort fails, he will ask the Prime Minister to bring up the issue at the summit level meeting.
• Matichon picked up an AFP report about the US Movie Picture Association's launch of anti-piracy drive in Asia, in which Thailand's cited as one of the key producers of pirate DVDs and Asia accounts for 90% of pirate DVD supply found around the world.