Another report by the US Trade Representative (USTR) on intellectual property (IP) abuses spells another year in purgatory for Thailand.
The annual Special 301 Report has extended Thailand's time on the Special Watch List to seven years. The action essentially brands Thailand in American eyes as one of the world's 11 worst offenders of copyright, trademarks and patents. It is no longer clear that the listing really means anything.
Section 301 refers to a US law on trade, while the special watch list is for US regulators to monitor. This year, Thailand heads the list along with Algeria, Argentina, Chile, China, India, Indonesia, Pakistan, Russia and Venezuela. Canada and Israel both "graduated" from last year's priority watch list with Thailand, to just the standard watch list for 2013.
The Ukraine was moved in the opposite direction, and became the only designated Priority Foreign Country on the USTR's list. There are threats of actual trade punishment or sanctions against Ukraine. Some say this is a good thing, since, to some extent, it takes the heat off Thailand and the other 10 members of the priority watch list.
By whatever measurement or formal name, Thailand is on the blacklist for a seventh year. The US listed an impressive number of charges against Thailand, dressing them up as Washington's wish list for legislative action and law enforcement.
Some issues are old, some are new. Some are obvious and legitimate complaints, while some are arguable, to say the least.
Among the latter is the obsessive US focus on pharmaceutical patents. This issue is the reason Thailand landed on the priority watch list in the first place. In early 2007, the government approved a process called "compulsory licensing" to free three Aids and heart drugs from patents and excessive market prices. The big drug companies complained to Washington; Thailand was elevated to the Section 301 blacklist, and has stayed there ever since.
It must be repeated that compulsory licensing is a legal part of foreign trade and international law, including patents. Not for a minute did Thailand break an intellectual property law or regulation. In addition to the threatening listing in the Special 301 Report, Washington further began attempts to change international law and procedures to make the Thai action illegal.
US President Barack Obama's Trans-Pacific Partnership, which has drawn lukewarm response in Thailand at best, aims to wipe away compulsory licensing.
Some of the US demands are pandering to Big Media, such as the insistence that Thailand pass a special law against making videos inside cinemas. Others are debatable, such as making building owners liable for mass copyright or trademark violations by shopkeepers. Then there is the demand Thailand start handing out long prison sentences to those selling copyrighted material.
The US report and the Thai response are shotgun efforts.
The Commerce Department, the police, the DSI, the Anti-Money Laundering Office and, finally, Patchima Thanasanti, director-general of the Department of Intellectual Property, have responded. All have promised to step up IP protection.
There are serious violations of IP law obvious to everyone, and there are cases which require special attention. But random responses are unhelpful to both Thai policy and international relations.
A plan to organise IP policy is badly needed, or an eighth year on the US special watch list seems certain.