Experts divided on scope of IP rights

Experts divided on scope of IP rights

Natural and cultural assets seen as distinct

Intellectual property (IP) rights should not be viewed as a hindrance to a country's development, although a big misunderstanding exists among certain interest groups on the issue, says the European-Asean Business Centre.

EABC president Rolf-Dieter Daniel argues IP rights are in fact crucial to the development of a country.

"For instance, it is in the interest of every farmer to have a free-trade agreement and IP rights," he said.

"If you don't protect your own trademarks, they are exploited as well, so I think it is a win-win solution."

But Somnuck Jongmeewasin, an independent community researcher, said there should be no IP rights for natural and cultural resources, as they have universal value and do not belong to capitalists.

Some groups such as the BioThai Foundation are against the registration of IP rights for living things, out of concern that they will end up in the hands of the private sector or certain organisations.

"This would provide an opportunity for companies and industrialised countries to seize control of natural resources in developing countries," said Mr Somnuck.

"The US, for example, is trying to push this agenda through free-trade agreements."

Ste'phane Passeri, who chairs the EABC's IP rights working group, said political leaders and their vision are vital to putting the country on track to better IP rights enforcement.

"Enforcement is the most feasible way," he said.

"But if you don't educate the public about enforcement and if they don't understand the benefits, it is hard to get the system running. You can't tackle the issue only on one side.

"It is not important to have the best legislation - it has to be strictly enforced."

Mr Passeri said it is vital for companies, especially small ones, to protect their creativity - otherwise, it becomes difficult to transform inventions into assets or business development.

Creative property also gives investors something tangible to invest in and attracts more human capital, he said.

If a company plans to develop regionally or globally, then it must consider registering a patent or trademark abroad while checking to see if the property is not already protected in another country.

Pajchima Tanasanti, director-general of the Commerce Ministry's IP Department, said the goal for Thailand and other Asean members is that by 2015, it will take two years on average to grant patents and six months for trademarks if no problems occur during the process.

Thailand's draft strategy on IP policy was approved by the cabinet in July and has been in place since September.

Metha Jaratanakorn, the business development manager at Lighthouse IP Group Thailand Co, said it now takes two or three years to grant patents.

The Institute for Management Development's 2012 report on competitiveness ranks Thailand 32nd in innovation capacity, 49th in IP rights and 39th in patent creation.

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