EDITORIAL Protecting IP or bullying?
- Published: 5/05/2009 at 12:00 AM
- Newspaper section: News
Prime Minister Abhisit Vejjajiva was right when he said no one was surprised that the US has kept Thailand on its list of serious violators of intellectual property (IP) rights. But there are doubts about the annual Special 301 Report itself. The report on countries worldwide is presented by the US Trade Representative as an objective and global account of enforcement of copyright, trademarks and patents by countries and regions. There is increasing evidence it is a political tool, heavily influenced by wealthy US industries and used by Washington to impose protectionist trade policies.
First, it must be admitted there are vast violations of IP rights in Thailand. In some areas, sprawling markets exhibit few products except for illegal movie DVDs, music and software CDs, and clothing and accessories claiming to be brands they are not. It is not in dispute that all such products are illegal and some are used to prop up and encourage organised crime. By flouting a veritable volume of laws, sellers and buyers alike are promoting disrespect for rule of law itself.
The government, in quick reaction, has made highly questionable twin promises to tighten control of IP rights. Deputy Commerce Minister Alongkorn Ponlaboot has tried to move the often ineffective Intellectual Property Department into action. The minister wants a draft law that would punish enablers of IP violations. First and controversially, he wants laws that would make department store owners responsible for tenants who openly peddle illegal goods. This is a debatable measure, and deserves careful consideration. It would be far better for the law to allow authorities to shutter shops engaged in blatant law-breaking.
Making businesses responsible for the actions of their clients may be too much to ask. It seems the government is trying to placate Washington's list of five "notorious areas" where illegal goods are available in Bangkok. One wonders if Mr Alongkorn is willing to take responsibility if a Commerce Ministry bureaucrat breaks the law.
Equally controversial is a promise to the Obama administration by Public Health Minister Witthaya Kaewparadai to never again allow the compulsory licensing (CL) of drugs. There is no doubt that the patent-busting of several expensive and life-giving drugs by Thailand in 2007 landed the country on the US "dirty dozen" list. Yet, it seems a terrible idea to promise "never again". An unpredictable set of circumstances may arise when the completely legal act of compulsory licensing could save lives. The US report, in fact, said the US "respects a country's right to grant compulsory licences".
Where, then, is the beef? It could be in the seemingly absurd decision to place Canada in the top rank of worst offenders with China, Russia and Thailand. Canada has stolidly refused to ape the US government in enacting a punishing law protecting the movie and music distributors. The Digital Millennium Copyright Act is a blatantly anti-consumer law which has little to do with IP protection, and everything to do with stifling digital copying of material owned by huge and profitable companies which help to finance US political campaigns.
Thus Washington seems to be using its annual IP report to hammer nations to enact and enforce US IP laws, or suffer the consequences. This appears to be nothing but ham-handed protection of big businesses at the expense of free trade. The US Trade Representative must accept that there are many ways to protect IP rights, and cease its threats against those who take different courses.
