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Thailand on most-watched list of IP offenders

By: Alan Dawson

Published: 1/05/2009 at 03:13 AM

 

Washington - The Barack Obama administration on Thursday said it would keep Thailand on a special watch list of what it considers a Dirty Dozen nations that fail to crack down on copyright and patent violations.

 

Thailand "has not made sufficient progress' in combatting various kinds of intellectual property rights (IPR) offences, said the annual report of the US Trade Representative.

 

"The Thai Government made little progress over the past year in addressing the widespread problems of piracy and counterfeiting."

 

Along with Thailand, the USTR named China, Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Israel, Pakistan and Venezuela as the world's worst IP offenders.

 

The countries made the elite US 301 Priority Watch List, named for the section of the Commerce Act regulating the alleged offences. Canada, Indonesia and Algeria are new additions, while Thailand and the other eight were also on last year's list.

 

Once a country is listed under the priority watch list, the PWL becomes a basis for the US to press for a "constructive engagement" with that trading partner. Or, to put it another way, exerting diplomatic pressure to change its IP regime.

 

 

In theory, the 12 countries on the list could be subject to penalties, trade barriers and embargoes. So far, no action has been taken against Thailand.

 

In addition to naming Thailand as a top IP offender, the USTR also identified five popular areas in Bangkok as among the world's most "Notorious Markets": Pantip Plaza, Mahboonkrong (MBK) shopping centre, and the Klong Thom, Patpong Road and upper Sukhumvit Road areas.

 

The slim section on Thailand in Thursday's US report was a fairly familiar mixture of carrot and stick. For example, while the US is troubled by "a broad range of continuing concerns" about piracy in Thailand, "We welcome the Thai Government’s message that stronger IPR protection and enforcement is a national priority."

 

For the first time, the US report directly addressed the touchiest issue between the two countries - mandatory licensing of drugs. The government has insisted it will not backtrack on its strong stand in favour of removing drug patents for some life-saving drugs in order to reduce prices and increase availability.

 

The Obama administration, like the Bush team before it, opposes this. "[We] encourage Thailand to ensure that the patent system promotes the development and creation of new lifesaving drugs," the report says.

 

"We urge Thailand to consider ways of addressing its public health challenges while maintaining a stable patent system that promotes investment, research, and innovation."

 

 

 

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