INTELLECTUAL PROPERTY
Govt moves to secure worldwide protection

Kingdom plans to seek membership in patent treaty, Madrid Protocol
The Intellectual Property Department plans to apply to join the Patent Cooperation Treaty (PCT) and Madrid Protocol in an attempt to ensure global protection for the country's intellectual property worldwide. Kanissorn Navanugraha, director-general of the department, said Thailand plans to create integrated protection for Thai copyrights, trademarks and patents. He said the country would apply for membership next year. Facing rights violations in overseas markets has prompted the government to seek a way to provide global property protection. Many Thai products, including Hom Mali rice (jasmine rice), silks and herbs, massage techniques and other locally derived treatments, are being violated in many forms. Recently, the department set up a "patent watch" taskforce to protect Thai inventions from violation abroad. As a member of the PCT, Thai inventions and intellectual property would be automatically protected in several countries under a single international patent application. The Kingdom would also able to update new patent registrations, he said. In addition, the Madrid Protocol is a system whereby a single trademark application may be filed to obtain trademark protection in more than 50 countries. Thailand is already a member of the Berne Convention, which focuses on protection of literary and artistic works. Kanissorn said the department is studying how Thai intellectual property laws compare with those of the World Intellectual Property Organisation and also the treaties' conditions. "We want to open the door for Thai intellectual property to be protected abroad. We don't mind if foreigners benefit also by registering their rights in Thailand," he said. The department is also encouraging more Thais to register their intellectual property. As part of a wider scheme, laws are being amended in accordance with international standards. This will help facilitate the Kingdom's right to registration on the international market. In addition, it will also strengthen protection rights for foreigners who want to register in Thailand. The department has also set up other activities to encourage Thai inventors to create and register more innovative products. "We need to develop these plans together. We will move towards clearer practice in each plan for increasing Thailand's intellectual property protection," Kanissorn said. The department wants to see an increased number of patents and trademark registrations from Thai enterprises, particularly small and medium-sized firms. To help give people a better understanding of intellectual-property right protection, the department has set up a special course for undergraduate students, in cooperation with universities in Thailand. According to the department, more than 60 per cent of patents and trademarks are registered by foreigners. On average, 10,000 patent registrations are issued in Thailand each year, while 38,000 trademark registrations are also issued. Our concern for intellectual property has developed slower than in Singapore and Malaysia, Kanissorn said. As part of the plan, the department will establish a database system for collecting intellectual-property registrations worldwide. Kanissorn hopes Thailand will be the centre for an intellectual-property database collected in Asia. The department is currently studying database systems developed by others countries. "We need time and a budget for establishing the system. If the project is a success, Thailand will have a more organised system for registrations," said Kanissorn. The United States, Europe, South Korea, Japan and China have already set up database systems. China reportedly spent about Bt1 billion on its database project. Currently there are more than 50 million intellectual-property registrations worldwide. Kanissorn said the database system would be a central library for students and other researchers who wish to develop their knowledge of intellectual-property products. In addition, to ensure the infringement of Thai copyright, patent and trademark decreases annually, the department will aggressively promote its campaign to make people aware of their rights. The ministry last year reported 7,682 cases of intellectual-property infringement and seized 2.09 million items. The number of infringement cases was up 7.8 per cent on 2004, while the number of items seized was down 10 per cent. Copyright infringements were the most common, followed by patent and trademark violations.
Achara Pongvutitham, Petchanet Pratruangkrai The Nation
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