Wednesday, December 16, 2009

ESCAP, Myanmar development partnership seeks to boost agricultural sector and enhance rural livelihoods

Nobel laureate Stiglitz leads expert discussions on restoring country as rice bowl of Asia


The United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) and the Government of the Union of Myanmar today held a wide-ranging dialogue aimed at boosting the countrys agricultural sector and to help it reclaim its status as the rice bowl of Asia.

At the invitation of ESCAP, Nobel Prize-winning economist Prof. Joseph Stiglitz and other eminent experts discussed strategies for Myanmar to cut poverty in light of Asias regional and subregional experiences.

It is my hope these ideas and analysis will open a new space for policy discussion and a further deepening of our development partnership, UN Under-Secretary-General and ESCAP Executive Secretary Noeleen Heyzer said at the event held in Myanmars capital, Naypyitaw.

These development objectives can only be achieved through the successful engagement of local experts and people who know what is happening on the ground. This development partnership, requested by the Government of Myanmar, provides a unique platform for eminent international scholars and local researchers to exchange experiences and ideas with government agencies and civil society, Dr. Heyzer added.

This is the second in a series of events launched by Dr. Heyzer during her visit in July to Myanmar, and was organized by ESCAP with the countrys Ministry of Agriculture and Irrigation and Ministry of National Planning and Economic Development.

In his presentation, Towards a more productive agrarian economy for Myanmar, Professor Stiglitz noted that Myanmar was well-positioned to learn from other countries in the region that have developed on the back of gains in agriculture. There are large opportunities for improvement. Myanmar should take a comprehensive approach, he said.

He urged the Government of Myanmar to: promote access to appropriate agricultural financing; take measures to boost access to seeds and fertilizers; dramatically boost spending on health and education; and create well-paid jobs in construction of rural infrastructure in order to stimulate development and raise incomes and spending.

Professor Stiglitz also noted that well-functioning institutions were critical to success, and that Myanmar could learn from the mistakes made by other resource-rich countries. Revenues from oil and gas can open up a new era, if used well. If not, then valuable opportunities will be squandered, he said.

Economics and politics can not be separated, Professor Stiglitz added. For Myanmar to take a role on the world stage and to achieve true stability and security there must be widespread participation and inclusive processes. This is the only way forward for Myanmar.

Maj. Gen. U Htay Oo, Minister of Agriculture and Irrigation of Myanmar, noted that climate change has had significant effects on the countrys agriculture and livelihood, particularly in the dry zone. To mitigate such pressure we are implementing short-term and longer term measures, such as promoting access to irrigation water to increase productivity, and developing resource-based as well as knowledge-based sustainable agriculture and livelihoods built on existing infrastructures, he said.

We are adopting a holistic approach informed by the human development perspective to address the needs of the most vulnerable, he added. We cannot afford to be complacent thus the tasks for agriculture and rural development must be implemented through mass movement.

The Minister also welcomed and supported the continued close cooperation and collaboration of ESCAP in the development partnership series. I look forward to the joint activities to come in 2010, in particular the regional development programme for sustainable agriculture towards inclusive rural economy development, he said.

Col. Thurin Zaw, Deputy Minister of National Planning and Economic Development, delivered a presentation on Myanmars National development plans and the implementation of the Millennium Development Goals (MDGs).

The meeting was organized into two segments: The morning roundtable was devoted to expert discussions and included presentations on Recent socio-economic development, by Daw Khin Ma Ma Swe of the Ministry of National Planning and Economic Development, and on Approaches for agriculture and rural development, by Daw Dolly Kyaw of the Ministry of Agriculture and Irrigation.

There were also presentations on Establishing the virtuous cycle of food security, sustainable agriculture and rural economy development, by U Tin Htut Oo and U Tin Maung Shwe of the Academy of Agriculture, Forestry, Livestock and Fisheries Sciences, and on Enhancing Myanmars rural economy, by Ikuko Okamoto of the Institute of Developing Economies-JETRO.

The afternoon high-level development forum covered, Economic policies for growth and poverty reduction: lessons from the region and beyond.

On 21 December in Singapore, Professor Stiglitz and Dr Heyzer will hold a press conference about the forum at the Singapore Foreign Correspondents Association. The press conference will take place at the Singapore Management University, Administration Building, from 9am-10am.

Tuesday, December 15, 2009

Microsoft and consumers take action against global software piracy

Microsoft has announced a surge of voluntary reports – more than a 150,000 – from consumers who unknowingly purchased counterfeit software and found it riddled with viruses or malware. This increase, triple the amount of previous records, reflects consumers’ growing concern for the harm caused by counterfeit software and Microsoft’s efforts to give consumers a voice in the fight against software counterfeiting.


In response, Microsoft today announced a surge of its own, ‘Consumer Action Day’, a simultaneous launch of education initiatives and enforcement actions in more than 70 countries to protect consumers and increase awareness of the risks of counterfeit software.

“Consumers want action. The majority of our enforcement cases announced today resulted from tips and reports from consumers,” said David Finn, Associate General Counsel for Worldwide Anti-Piracy and Anti-Counterfeiting. “Consumers who are duped by fraudulent software encounter viruses, lose personal information, risk having their identities stolen and waste valuable time and money. Today’s announcement demonstrates our commitment to working with others, including our partners, government agencies, and NGOs, to protect people from the ill effects of counterfeit software.”

The software industry has long studied the black market for pirated software and its effects on consumers. One seminal study by IDC in 2006 showed that one in four Web sites offering counterfeit software attempted to install unwanted or malicious code upon downloading. This rate is rising, as found by Media Surveillance, an anti-piracy solutions company based in Germany, when it recently downloaded several hundred pirated copies of Windows and hacks and found that 32% contained malicious code. The IDC report also described a review of counterfeit Microsoft software purchased at resellers in 17 countries: more than 50 percent contained phony code, had malware, or could not even be installed. And, just two months ago, the BSA October 2009 Internet Piracy Report showed countries with high piracy rates often have high malware infection rates.

As part of Consumer Action Day, more than 70 countries are launching educational initiatives and enforcement actions to protect consumers from counterfeit software. Highlights include an intellectual property rights education program in schools across China, an “originals club” for software resellers in Germany, a risk-of-counterfeit training course for the consumer protection authority in Mexico, a children’s online safety program in Greece, and a study of piracy’s impact on small and medium businesses in Argentina.

The effects of malware can range from annoying advertisements to a severe breach of information security. In a recent Harrison Group study, it was found that companies using unlicensed or counterfeit software were 73 percent more likely to experience the loss or damage of sensitive data, and 73 percent more likely to have critical computer failures lasting 24 hours or more.
Thai consumers speak out

Moreover, most people simply find themselves without the software they thought they were paying for. Unable to get a refund from the dealer, consumers end up having to purchase the product all over again.

“I didn’t want to face any security problems and knew that if I used genuine software I would get good support, not only in terms of security and patches, but also the latest updates for new programs and applications which are important to me,” said Patranun Limudomporn, a student from the Faculty of Political Science at Chulalongkorn University and one of the first people to buy Windows 7 at the Thailand launch event at Siam Paragon. “I think more people in Thailand are starting to understand the risks of pirated software and many of my friends have told me of times when they’ve experienced difficulties after using cheap fake software. For example, the installation often does not reach 100% or they experience black screens and no option to update security patches. For me, I only have one PC to rely on so these problems make the risk of using pirated software too high.”

Worse yet, today’s counterfeiters are often large criminal syndicates that don’t stop at distributing hundreds of copies of unlicensed software. “Software pirates are likely to create Botnets, which are armies of compromised computers controlled by cyber-criminals and used to perform a host of illegal Internet activities,” said Markus Schweitzer of Media Surveillance. In just one recent example, software pirates helped create a Botnet army by offering a phony version of Windows, rife with malicious code, which compromised PCs and then ordered them to connect to a server controlled by cyber-criminals.

To address the increasing sophistication of software counterfeiters, Microsoft is enhancing its anti-piracy work on all three fronts: education, engineering and enforcement. Today’s actions around the world emphasize the company’s growing commitment to protect consumers. Tips from customers and partners are vital in helping law Microsoft address piracy. Microsoft encourages users who suspect they have been sold a pirated copy of Microsoft software to contact the Microsoft Customer Contact Center by calling 02-263-6888. For the latest information about genuine Microsoft products, licensing and labels, Thai consumers are advised to visit www.microsoft.com/thailand/genuine/howtotell.aspx.

On the engineering front, Microsoft has improved the product activation and validation process with Windows 7. Windows Activation Technologies in Windows 7 are built off our Software Protection Platform introduced with Windows Vista, which enabled Windows to protect itself by detecting when attempts have been made to circumvent or tamper with built-in product activation technology and helped customers more easily activate the product and resolve potential issues. Windows 7 includes the latest generation of this technology, including changes we have made so users will see more informative notification messages and be able to more easily complete the steps in the process.

And, when it comes to enforcement, Microsoft has invested in nine Product Identification (PID) Analysis Labs around the world. Forensic experts in these labs use sophisticated tools, such as digital disc fingerprinting and optical manufacturing tracking, to examine counterfeit software and provide critical information to local law enforcement agencies to use in their pursuit of criminal software counterfeiting syndicates. The results are tangible and impactful: Microsoft’s work in its PID Analysis Labs has led to more than 1,000 customs border patrol seizures of counterfeit software in just over two years.

“The global problem of counterfeit software calls for an international response and a strategy which targets sophisticated crime syndicates taking advantage of unwary consumers,” said Kunio Mikuriya, Secretary General, World Customs Organization. “Through vigilance and active feedback to public institutions and companies like Microsoft, consumers and businesses will be instrumental in overcoming this problem. The serious economic consequences generated by this illicit trade make it imperative that we urgently pool our efforts, strengths and expertise to fight this crime.”

Saturday, November 21, 2009

Central Asian States Agree to Coordinate Efforts to Combat Economic Crisis

UN forum in Bishkek focuses on subregional cooperation in dealing with crisis

High-level government officials from Central Asian and neighbouring countries, international organizations and financial institutions today pledged to work together in strengthening regional economic cooperation in order to diminish the consequences of the global economic crisis.


The decision came at the 2009 UN Special Programme for the Economies of Central Asia (SPECA) Economic Forum on “The Role of Sub regional Cooperation in Mitigating the Consequences of the Global Economic Crisis” for the SPECA countries, which comprise Afghanistan, Azerbaijan, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan.

The main objective of the Forum was to examine ideas for developing optimal regional strategies which can bring about an early recovery of Central Asia from the economic crisis.

“While economic stimulus packages and other special budgetary measures are important for reviving the economy, regional economic cooperation could be another driver of growth,” Noeleen Heyzer, Under-Secretary-General of the United Nations and Executive Secretary of the Economic and Social Commission of Asia and the Pacific (ESCAP), said in her address. “There are enormous opportunities to promote intra-regional trade and investment in this region. SPECA provides an excellent framework for addressing a broad range of regional connectivity issues.”

Dr. Heyzer also said the main challenges faced by the subregion in the short- and medium-term remained multifaceted, and ranged from geographical disadvantage of being landlocked with small domestic markets.

Jan Kubis, Under-Secretary-General of the United Nations and Executive Secretary of the Economic Commission for Europe (ECE), said in his address, “Let me here commend the comprehensive anti-crisis policy measures taken by governments of SPECA countries which have greatly helped to alleviate economic and social pain in the region induced by this external factor of the crisis.”

Mr. Kubis also noted the SPECA Project Working Group on Knowledge-based Development, which started operations in November 2008 and was an important initiative of both ESCAP and ECE to promote economic modernization and knowledge-based development in Central Asia. “This new SPECA Project Working Group is mandated to support the further integration of member

countries into the global economy by promoting innovation and knowledge-driven development,” he said.

H.E. Mr. Akylbek Japarov, First Vice Prime Minister of the Kyrgyz Republic and SPECA National Coordinator, in his opening address said, “One of the major areas of SPECA activity is meant to promote dynamic development and efficient use of economic capacity in all countries of the region in order to increase living standards and well being of the nations as well as to ensure secure and sustainable development of Central Asian Sates.”

The Forum was jointly organized by ESCAP and ECE in cooperation with the Government of Kyrgyzstan within the framework of the UN Special Programme for the Economies of Central Asia (SPECA).

The participants of the Forum discussed how external shocks were aggravated by the combined water, energy and food crisis and reviewed individual as well as collective policy responses to the emerging challenges. The meeting also considered how knowledge and innovation could contribute to successful economic recovery and, on the longer term, reduce the vulnerability of Central Asian economies to fluctuations in energy and commodity prices.

Before the Forum, Dr. Heyzer and Mr. Kubis met with H.E. Daniyar Usenov, Prime-Minister of the Kyrgyz Republic, and H.E. Mr. Kadyrbek Sarbaev, the State Minister of Foreign Affairs of the Kyrygz Republic. Today, Dr. Heyzer, and Mr. Jan Kubis will pay a courtesy call after the Forum to H.E. Mr. Kurmanbek Bakiyev, President of the Kyrgyz Republic.

The Economic Forum was preceded by the second session of the SPECA Project Working Group on Knowledge-based Development and a regional capacity-building seminar on financing innovative enterprises, commercialization of intellectual property and public-private partnerships from 9 to 11 November in Bishkek.

The Governing Council of SPECA is expected to be held on Friday to discuss and approve a new biennial Work Plan for 2010-2011 and review cooperation between SPECA and partner organizations.
For further information please go to http://www.unescap.org/oes/speca

Star Scientific Plans Worldwide Marketing and Sales of CigRx(TM) Nutraceutical in Partnership with inVentiv Health

Star Scientific, Inc. (Nasdaq: STSI) announced today that the company plans to introduce the CigRx(TM) nutraceutical product developed by its subsidiary, Rock Creek Pharmaceuticals, for worldwide marketing and sales in partnership with inVentiv Health, Inc. (Nasdaq: VTIV). inVentiv Health offers a complete range of commercialization solutions for every stage of the product lifecycle, in a range of healthcare categories that includes nutraceutical products. The company has marketing and sales capabilities in 40 countries around the globe.


Jonnie R. Williams, Star's CEO, stated, "Cigarette smoking is the leading cause of preventable death in the world. However, the globa lcigarette business, which now exceeds $300 billion, continues to grow. Our

goal is to make CigRx(TM) available to adult smokers worldwide who wish to maintain a nicotine-free metabolism." Rock Creek Pharmaceuticals will be responsible for the manufacturing of CigRx(TM), and the company anticipates that inVentiv Health will be involved in the product marketing and sales, with a focus on product education for physicians and health care professionals, as well as consumers.
(Logo: http://www.newscom.com/cgi-bin/prnh/20090317/STARSCIENTIFICLOGO )

Star also announced that it has retained McColl Partners LLC to advise the company on a range of corporate finance matters, including the assessment of strategic initiatives involving new products. McColl Partners, an independent investment banking firm co-founded by Hugh McColl, former Chairman of Bank of America, specializes in the needs of management and owners of middle-market companies. The firm offers strategic advice and assistance to its clients regarding mergers and acquisitions.

This press release contains certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Star Scientific, Inc. and its consolidated subsidiaries (collectively, the

"Company") has tried, whenever possible, to identify these forward-looking statements using words such as "anticipates", "believes", "estimates", "expects", "plans", "intends" and similar expressions. These statements

reflect the Company's current beliefs and are based upon information currently available to it. Accordingly, such forward-looking statements involve known and unknown risks, uncertainties and other factors which could

cause the Company's actual results, performance or achievements to differ materially from those expressed in, or implied by, such statements. These risks, uncertainties and contingencies include, without limitation, the

challenges inherent in new product development initiatives, the uncertainties inherent in the progress of scientific research, the Company's ability to raise additional capital in the future necessary to maintain its business, potential disputes concerning the Company's intellectual property, risks associated with litigation regarding such intellectual property, potential delays in obtaining any necessary government approvals of the Company's low-TSNA tobacco products, market acceptance of the Company's new smokeless tobacco products, competition from companies with greater resources than the Company, the Company's decision not to join the Master Settlement Agreement ("MSA"), the effect of state statutes adopted under the MSA, and the Company's dependence on key employees and on its strategic relationships with Brown & Williamson Tobacco Corporation in light of its combination with RJ Reynolds Tobacco Company, Inc. The impact of potential litigation, if initiated against or by individual states that have adopted the MSA, could be materially adverse to the Company.

Although the Company believes the expectations reflected in such forward-looking statements are based on reasonable assumptions, it can give no assurance that the expectations will be attained or that any deviation will not be material. See additional discussion under "Risk Factors" in the Company's Annual Report on Form 10-K for the year ended December 31, 2008, as filed with the SEC on March 16, 2009, and other factors detailed from time to time in the Company's other filings with the SEC, available at www.sec.gov . This information is current as of this date. The Company undertakes no obligation to update or advise upon any such forward-looking statements to reflect events or circumstances after the date of this press release or to
reflect the occurrence of unanticipated events.
About Rock Creek Pharmaceuticals

Rock Creek Pharmaceuticals develops pharmaceutical products for treatment of addiction and other neurological disorders, and other products such as nutraceuticals. The company supports third-party academic, educational and therapeutic advances in both these areas of research. Rock Creek has scientific and research offices in Gloucester, MA and a regulatory office in Washington, DC.
About Star Scientific

Star Scientific is a technology-oriented tobacco company with a toxin reduction mission. It is engaged in the development of dissolvable smokeless tobacco products that deliver fewer carcinogenic toxins (principally tobacco specific nitrosamines, or TSNAs), through the utilization of the innovative StarCured(R) tobacco curing technology, and in sublicensing that technology to others. Star Scientific has a Corporate and Sales Office in Petersburg, VA, an Executive, Scientific & Regulatory Affairs office in Bethesda, MD, and manufacturing facilities in Chase City, VA. For more information, visit http://www.starscientific.com
About inVentiv Health

inVentiv Health, Inc. (Nasdaq: VTIV) is an insights-driven global healthcare leader that provides dynamic solutions to deliver customer and patient success. inVentiv delivers its customized clinical, sales, marketing

and communications solutions through its four core business segments: inVentiv Clinical, inVentiv Communications, inVentiv Commercial, and inVentiv Patient Outcomes. inVentiv Health's client roster is comprised of more than 350 leading pharmaceutical, biotech, life sciences and healthcare payor companies, including all top 20 global pharmaceutical manufacturers. For more information, visit www.inventivhealth.com

Thursday, November 12, 2009

Magnificent seven

       In the most important, most revered event since the invention of the brontosaurus trap,Microsoft shipped the most incredibly fabulous operating system ever made; the release of Windows 7 also spurred a new generation of personal computers of all sizes at prices well below last month's offers.The top reason Windows 7 does not suck: There is no registered website called Windows7Sucks.com
       Kindle e-book reader maker Amazon.com and new Nook e-book reader vendor Barnes and Noble got it on; B&N got great reviews for the "Kindle killer"Nook, with dual screens and touch controls so you can "turn" pages, plays MP3s and allows many non-B&N book formats, although not the Kindle one;Amazon then killed the US version of its Kindle in favour of the international one, reduced its price to $260(8,700 baht), same as the Nook; it's not yet clear what you can get in Thailand with a Nook, but you sure can't (yet) get much, relatively speaking, with a Kindle;but here's the biggest difference so far,which Amazon.com has ignored: the Nook lets you lend e-books to any other Nook owner, just as if they were paper books; the borrowed books expire on the borrower's Nook in two weeks.
       Phone maker Nokia of Finland announced it is suing iPhone maker Apple of America for being a copycat; lawyers said they figure Nokia can get at least one, probably two per cent (retail) for every iPhone sold by Steve "President for Life" Jobs and crew via the lawsuit,which sure beats working for it -$6 (200 baht) to $12(400 baht) on 30 million phones sold so far, works out to $400 million or 25 percent of the whole Apple empire profits during the last quarter;there were 10 patent thefts, the Finnish executives said, on everything from moving data to security and encryption.
       Nokia of Finland announced that it is one month behind on shipping its new flagship N900 phone, the first to run on Linux software; delay of the $750(25,000 baht) phone had absolutely no part in making Nokia so short that it had to sue Apple, slap yourself for such a thought.
       Tim Berners-Lee, who created the World Wide Web, said he had one regret:the double slash that follows the "http:"in standard web addresses; he estimated that 14.2 gazillion users have wasted 48.72 bazillion hours typing those two keystrokes, and he's sorry; of course there's no reason to ever type that, since your browser does it for you when you type "www.bangkokpost.com" but Tim needs to admit he made one error in his lifetime.
       The International Telecommunication Union of the United Nations, which doesn't sell any phones or services, announced that there should be a mobile phone charger that will work with any phone; now who would ever have thought of that, without a UN body to wind up a major study on the subject?;the GSM Association estimates that 51,000 tonnes of chargers are made each year in order to keep companies able to have their own unique ones.
       The Well, Doh Award of the Week was presented at arm's length to the United Nations Conference on Trade and Development; the group's deputy secretary-general Petko Draganov said that developing countries will miss some of the stuff available on the Internet if they don't install more broadband infrastructure; a report that used your tax baht to compile said that quite a few people use mobile phones but companies are more likely to invest in countries with excellent broadband connections; no one ever had thought of this before, right?
       Sun Microsystems , as a result of the Oracle takeover, said it will allow 3,000 current workers never to bother coming to work again; Sun referred to the losses as "jobs," not people; now the fourth largest server maker in the world, Sun said it lost $2.2 billion in its last fiscal year; European regulators are holding up approval of the Oracle purchase in the hope of getting some money in exchange for not involving Oracle in court cases.
       The multi-gazillionaire and very annoying investor Carl Icahn resigned from the board at Yahoo ; he spun it as a vote of confidence, saying current directors are taking the formerly threatened company seriously; Yahoo reported increased profits but smaller revenues in the third quarter.
       The US House of Representatives voted to censure Vietnam for jailing bloggers; the non-binding resolution sponsored by southern California congresswoman Loretta Sanchez said the Internet is "a crucial tool for the citizens of Vietnam to be able to exercise their freedom of expression and association;"Hanoi has recently jailed at least nine activists for up to six years apiece for holding pro-democracy banners. Iran jailed blogger Hossein "Hoder" Derakshan for 10 months - in solitary confinement.

Fines for buying fakes abandoned

       The government has undertaken to draft amendments to intellectual property laws to penalise owners and landlords of retail outlets that sell pirated and fake goods, but proposals to fine buyers have been dropped in the face of heavy criticism.
       The draft amendments will also include ministerial regulations from the Commerce Ministry to designate notorious venues for pirated goods as "red zones", said Pajchima Tanasanti, acting director-general of the Intellectual Property Department.
       The revised draft amendments, including the ministerial regulations,should go before the national intellectual property policy committee meeting chaired by Prime Minister Abhisit Vejjajiva on Nov 27.
       The penalties set in the revised draft are about two-thirds of the value of the products whose originators' rights have been violated.
       In a preliminary proposal, the penalty will not be imposed in the grounds of temples, in roadside open markets and at footpath stalls, she said.
       In the revised draft the ministry will also increase penalties for manufacturers and distributors of pirated and counterfeit goods, she said. Those who produce or distribute more than 3,000 items will also be subject to prosecution under the Anti-Money Laundering Act, under which their assets could be confiscated.
       The Commerce Ministry recently proposed draft amendments to the Trademark Act and Copyright Act that would extend penalties against buyers of pirated products and owners of the outlets where products are sold.
       But the cabinet turned down the draft and instructed the ministry to review it with agencies such as the Council of State - the government's legal adviser - and the Office of the Attorney-General as well as the Thailand Trade Representative Office.
       The previous draft amendments call for buyers of pirated products - including software, music, movies and fake products with copied trademarks - to be subject to a fine of not more than 1,000 baht.
       Owners, processors and anyone who rents retail outlets selling pirated and fake goods would face substantially higher fines ranging from 30,000 to 300,000 baht.
       The penalty would also cover internet piracy and website owners operating or providing e-commerce services for pirated goods.
       For trademark law violations, the suggested penalty is a fine of between 50,000 and 200,000 baht.
       Rachel Bae, director for Intellectual Property and Innovation of the Office of the US Trade Representative, is due to visit Thailand from Nov 9-11.
       She is scheduled to meet with the permanent secretary for commerce to be updated on Thailand's efforts to suppress piracy - and it is hoped that this will facilitate Thailand being taken off the US priority watch list, said Mrs Pajchima.

Saturday, October 31, 2009

Property owners hold the key to law enforcement

       Two entertainment companies welcome the move to draft a new intellectual property law to increase the effectiveness of anti-piracy crackdowns, hoping that a half of the pirated products now available could disappear from the market.
       The new law is expected to place legal responsibility on property owners who allow their tenants to sell counterfeited and pirated products. Many people support this idea but are not keen on a proposal that consumers could be fined 1,000 baht if they are found buying or using such goods.
       Yongsak Ekprachyasakul, managing director of sales and marketing of GMM Grammy Plc, said that property owners who allow tenants to sell pirated products, or who know about the sales but simply ignore them, have been responsible for making the piracy problem as big as it is today.
       When police raid some shopping areas and arrest some pirated product sellers,sales might just be suspended for a day or so, and after that it's business as usual."It will be better and more practical for the crackdown if the property owners co-operate with the police and copyright owners. They should not allow any pirated product to be sold in their stores and this must be mentioned in the lease,"Mr Yongsak said.
       If tenants violate the contracts, they must have their leases terminated immediately. But if the property owners ignore piracy problems at their outlets,they must take legal responsibility and be fined.
       "If counterfeit and pirated goods sellers don't have places to sell their products, the piracy problem will be solved by more than 50%," Mr Yongsak said.
       He recalled that Grammy used to seek co-operation from many shopping malls where pirated products were sold but their landlords rarely co-operated.
       "I can say that international retail chains such as Tesco Lotus are very concerned about this issue and are trying hard to solve it. They don't want any pirated product to be sold at their outlets," he added.
       However, Mr Yongsak did not agree with the proposal to penalise consumers as many of them do not have proper knowledge and understanding about piracy.
       "I would like the authorities to think carefully about the consumer issue as it's very sensitive. If some people get pirated DVDs or counterfeit bags from friends as a present, how can we penalise them?"
       Sutthisak Prasatkarukarn, a director of Thai Copyright Collection Co, a subsidiary of RS Plc, also believes that the market for pirated and counterfeit products would be seriously hurt if the new law took effect - and was enforced.
       "Buyers may think twice when they want to buy pirated goods on the street as they may be fined. Most of the pirated product sellers will face difficulty in doing business and up to 70% of them will disappear if they are not allowed to sell in many shopping places," he said.
       Currently, piracy problems are getting bigger even though Thailand has had an IP law for a decade. It is widely known that the growing problem stems from poor law enforcement. It is estimated that pirated CDs or DVDs outnumber the genuine ones by four or five times in terms of sales in the Thai market.
       "Pirated CDs or DVDs are very easy to produce at home or just in a small apartment. The investment cost is just for a computer and blank discs, while copyright owners like us have to spend a lot on many things from the artist,songwriter, and composer to marketing activities," Mr Sutthisak said.
       Currently, only 38 factories nationwide are registered with the authorities as authorised CD producers.
       An industry source said some pirated DVD producers were not afraid of violating law.
       Some hire children or disabled people to sell their products because they know that these people will get off lightly when they are caught.
       "This problem will never end as wrongdoers don't care because lowranking police are not serious about arresting them and the court will just give them a soft punishment," the source said.

KARAOKE BUSINESS AND ROYALTY FEE COLLECTING AGENCIES

       Since their introduction, karaoke machines have been popular among Thai consumers and part of the restaurant business throughout the country. But karaoke machines cannot operate without musical content, most of which is copyright-protected.
       Widespread use of karaoke machines together with musical works hascertainly caught the attention of musical copyright owners. They started to enforce their rights by specifying the royalty rate and conducting police raids against those who use tunes without authorisation. It is important to note that using musical works without proper authorisation is a criminal offence carrying a jail term of up to four years or a fine of up to 800,000 baht (Section 69(2) Copyright Act).
       For most small business owners, this fine is a huge figure. In 2002, a group of small restaurant owners with illegal karaoke operations surrounded a leading Thai musical company on Asok Road to protest the business concept in which musical companies would collect royalty fees for songs used by karaoke businesses.The restaurateurs later moved their protest to the Ministry of Commerce.
       Since 2002, the Department of Intellectual Property (DIP), the Ministry of Commerce, and the police, among other agencies, have tried to resolve the conflict between restaurateurs and rights owners, but little progress has been achieved. Copyright owners want to collect royalty fees whenever their songs are played, whereas the karaoke operators believe fees are too high and that many musical companies collect fees outside of a properly regulated system.
       Furthermore, there is no system in place to determine who the rightful owner of each song is. Some composers have transferred their copyright to more than one music publisher. The DIP has listed these "problem songs" and has asked the police not to prosecute the karaoke operators using these problematic songs.
       This uncertainty calls for a law to regulate collecting agencies. In 2007,during Prime Minister Surayud Chulanont's administration, the ministry proposed to amend the Copyright Act to establish a collection agency that would administer a minimum number of songs,with royalty rates controlled by the DIP.The minimum songs requirement is to avoid too many small agencies, each owning only a few songs, collecting royalty fees. A lot of collecting agencies would impose too great a burden on karaoke operators. But the draft was shelved by the National Assembly because of protests against the agency's establishment in front of Parliament by a group believed to be connected to the musical right owners.
       Government-facilitated meetings have continued since, but to no avail. In 2009,under Prime Minister Abhisit Vejjajiva's government, the Ministry of Commerce has proposed new amendments of the Copyright Act for review by the Council of State, which serves as the government's legal adviser. While the amendments propose to make buying counterfeit products an offence, and to make landlords liable when tenants sell counterfeit products, a proposal for a royalty collection agency is not included.After two years of trying to pass its 2007 proposal, it seems the Ministry of Commerce has given up hope, at least in the short term.
       Thailand is one of the few countries in Southeast Asia that leaves royalty fee collection to musical companies, who take the law into their own hands without any proper control from authorities.Other Asean countries have established collection agencies, including the Philippines' Filipino Society of Composers Authors and Publishers,Singapore's Recording Industry Performance Singapore, and Malaysia's three collection agencies.
       The lack of royalty collecting systems in Thailand means karaoke machine operators continue to be pitted against copyright owners and their collection agencies. Therefore, it is important that there must be clear and manageable legal rules for the collecting of royalties in the karaoke business. The authorities need to come up with concrete solutions to solve this long-pending predicament.It is unlikely that this matter would come to an end soon unless concerted efforts are made by all parties concerned.

Worth a thousand words

       If you ever scan a book or magazine page, you'll find that the result is a picture of the page, not words you can edit. To make that picture a set of words that can edited and searched,you need an Optical Character Recognition program (OCR), such as OmniPage, Abbyy FineReader or Iris.
       We just got a look at the new OmniPage Pro from Nuance, which is just out in version 17. It has some features that might make the $500(16,778 baht) sticker price easier to take. The Mac version is called OmniPage Pro X.
       The new version lets you upload multiple files much faster than previously and automatically adds clickable OCR commands to your Microsoft Office programs. It now recognises Chinese,Japanese and Korean. You can put a document on your scanner and a few seconds later have it sent to your Microsoft Sharepoint network in any format you want. It comes packaged with ScanSoft's PaperPort 11 and Nuance's own PDF maker. PaperPort is a marvellous way to quickly and easily organise anything that is scanned into the computer.
       The new OmniPage 17 can also convert scanned PDFs into the proprietary format used by Amazon's electronic book reader,Kindle and send them to the Kindle in one step.(If you have the new and larger Kindle DX, you can read PDFs without converting them.)
       Speaking of the Kindle, you can email PDFs to your Kindle without converting them but Amazon will charge you for this. To avoid the fee, email them to yourself at "name@free.kindle.com"where "name" is the name given to you as part of a special email address when you register your Kindle. If you're not sure what yours is, click on "Account" at Amazon and look at the Kindle section.
       Thwarting counterfeiters
       It's estimated that 10 percent of the prescription drugs sold worldwide are fakes.
       But if you could embed a tiny maker's tag in each pill, it could be checked for authenticity. In fact, at least one company has already done it. A company called Cellular Bioengineering has just come out with an edible micro-tag called a "TruTag."
       The TruTag is made from a porous silicon wafer that has been etched with identifying codes chosen from over a trillion possibilities. Unlike the RFID (radio frequency) tags that have come into common today, TruTags can be broken into pieces, or heated to 1,000 degrees and still retain their information.Even after being broken apart, each piece still contains all of its encoded information, much like a hologram.
       The technology has obvious applications beyond differentiating real pharmaceuticals from fake. Many products are counterfeited, from clothes to mechanical parts that could cause critical failure in some situations. More info at TruTags.com.
       Bing goes Cha Ching!
       If you buy things through Microsoft's Bing.com search engine, you can get up to 50 percent cash back on some items,like flowers and shoes.
       There are other sites that do this,such as ebates.com, but Microsoft is the only site that gives all of their sales commission back to the purchaser. We like Bing.com for other reasons, and one of them is the beautiful pictures that are changed every day.
       Washable keyboard and mouse
       The yuck factor in college dorms is pretty high these days. What with swine flu and other contagious diseases, you might want to give your college-bound child a washable computer keyboard.Joy took one look at all the crud that had accumulated in her current Hewlett Packard keyboard and decided she wanted a washable one.
       The new "SpillSeal" keyboard from Unotron has sealed casings that prevent food, drink or dust and dirt from entering the keyboard where they can't be flushed out. The company says you should either immerse the keyboard or mouse in a hospital-grade antibacterial solution or run tap water over it. We just use vinegar from the grocery store.
       Joy finds that she doesn't type quite as fast on this keyboard as she did on her HP,(the keys are a bit stiff) but the cleanliness makes it worthwhile. Bob would rather just cover his keyboard with a cloth when he's not using it.Unotron sells a corded version for $46 (1,543 baht) and a wireless version for $80(2,684 baht), the mouse runs from $50 to $60(1,677-2,013 baht). You can see a YouTube demo video at tinyurl.com/washkey. More info at unotrononline.com.
       If you have a Macbook, iPhone or Blackberry, you might want to check out iskin.com, which sells colourful silicon "skins" for your gadgets.
       Internuts
       switchgames.com is a new online trading site (US only) for swapping video games. You pay $6(600 baht) if your offer is accepted and you get a postagepaid shipping label.
       schmap.com/picks tells you what restaurants and bars are being recommended by Twitter users. It covers 11 US cities plus London and Sydney.The San Diego suggestions don't mesh with those of our man on the ground.Bob used to think the Old Town Mexican restaurant in San Diego's Old Town area was the best restaurant in the world.But our man in San Diego says it has really gone downhill. Other twitters say it's still tops.
       A virtual boomand bust
       If you think the current economic crisis is bad, wait till you've experienced it in the virtual world.
       According to a study by the University of Southern California's Annenberg Communications School, economic fluctuations are far more dramatic in online games than they are in the real world.
       Looking at the role-playing game Everquest, researchers discovered that inflation rose more than 50 percent in a five-month period. Such trends can be calculated because players in many online games can buy and sell items and powers.

Wednesday, October 21, 2009

Experts criticise Copyright Act

       Law experts object to the idea of penalising buyers of illegal copyright products to solve piracy, pointing out that no other country has a similar law. Meanwhile, the commerce ministry will find ways to fill loopholes in the Copyright Act after the cabinet added the specific clause for landlord liability earlier this month.
       Dhiraphol Suwanprateep, a partner at Baker & Mckenzie Global Services,strongly disagrees with the government's proposed Copyright Act which will set a fine for buyers and processors of counterfeit goods, including computer software, music and movies, because it may open opportunities for abuse of power as well as create problems in enforcing the law.
       Dhiraphol said that no countries have such a law. Even France and Italy have laws for consumers who use illegal trademarked products but these are covered by customs legislation. Furthermore, Thai customs law already has authority to enforce the import or export of illegal copyrighted and trademarked products.
       Landlord-liability will help to solve the piracy problem because under the rental contract the owners have the right to revoke contracts if the rental merchant sells illegal products. But there still lots of illegal copyright products sold in many areas.
       Paiboon Amonpinyokeat, managing partner at P & P Law Firm and Special Lecturer of Internet Law at Chulalongkorn University, also observed that there are rarely any such laws which penalise buyers of illegal products - even in EU states and the US which dominate in IT, or in Asian nations like Japan,Korea and China which are strong in entertainment.
       If there is buyer penalty it will conflict with fair use in copyright law that allows individual use by private users without affecting the copyright holders. Fair use is one way to allow users to make reverse engineering or apply creativity.If the law is too strict it will lead to a monopoly.
       The data traffic provider liability in the draft is also too broad because it means every piece of data that is sent by using illegal software will come under this law but in reality the data is sent by the computer or other device.
       "I think the government intends to tackle Internet service providers or web hosting that has Bittorrent or other file sharing program so the government should apply the Circumvention of Copyright Protection Systems that cover using technological measures that effectively protects the right of a copyright owner," Paiboon said.
       Pajchima Tanasanti, deputy director general of the Department of Intellectual Property under the commerce ministry, said after cabinet rejected the draft Trademark Act and Copyright Act which sets out the liability and penalty for buyers and landlords related to illegal products, the minister will add ministerial regulations aligned with the draft amendment of the Copyright Act to specified targeted zones like Pantip Plaza or computer centres.
       This will help to solve concerns in the draft legislation that commercialbuilding owners and landlords would face fines ranging from 30,000 baht to 300,000 baht which was criticised because it may affect government agencies liability which is open for small individuals to rent space in the open market and they may sell illegal copyrighted products.
       Moreover, in the part that mentions data traffic provider which should have liability and be penalised if they know or acknowledge any violation of copyright or duplicate original copyright under their services.
       "We intend to cover Internet service providers but we have to consider data traffic which is too broad," said Pajchima.
       Meanwhile Varunee Ratchatapattanakul Consultant, Thailand Committee at Business Software Allaiance (BSA),said that the BSA appreciates the government's attempts to amend the present copyright act to expand the scope of copyright protection and their efforts to ensure that the copyright act, as amended, will be practically and effectively enforced to result in justice for every party concerned.
       It is also important to note that the copyright act, as amended, would have the potential to enhance consumer protection from the sales of fraudulent products.
       Rebecca Ho, Microsoft spokesperson for intellectual property enforcement in Thailand, said as a company at the forefront of ICT innovation and one of the world's largest investors in innovation, Microsoft supported the continued reform and enforcement of intellectual property laws.
       "Piracy is not just an issue for foreign innovators and creators but also for the burgeoning Thai film and software industries," Ho said
       "We are encouraged by the continued enforcement of existing laws and the reform of legislation for stronger penalties against violators. These efforts will help the country's drive to develop a 'creative economy'."
       Wisanu Wangwisut, managing director of the IT computer centre at Thippatana Arcade which operates Pantip Plaza computer centre, said if the government specifically restrict zones or special zone in landlordliability this way will not result in fair treatment.

Wednesday, October 14, 2009

Clampdown on illegal software use

       At least 1,000 companies are being monitored for potential software copyright infringement by the Thai police in a nationwide drive to reduce license violations by corporate end-users.
       Officers from the Economic and Cyber Crime Division said the 1,000 investigations are being conducted based on information suggesting companies have violated the Thai Copyright Act. This information has come from a collection of tips, some anonymous, typically from sources within the targeted companies.
       Leads are also being shared by the Business Software Alliance, which runs a toll-free hotline number and a website for informants to report the use of pirated and unlicensed software in businesses.Other software developers also provide police officials with leads and tips about potential offenders.
       Police then review and verify any evidence received. If they believe they have a case, police officials then obtain search warrants and conduct raids of company premises.
       "Business organisations will have to ensure that they are compliant with the Thai Copyright Act," said Police Colonel Sarayuth Pooltanya, deputy commander of the Economic and Cyber Crime Divi-sion (ECD).
       "On October 26 we will begin raiding companies based on our information about software piracy taking place."
       August marked one of the ECD's most successful months, with 15 raids netting 54.5 million baht worth of bootleg software. Raided companies came from a wide variety of industries, including manufacturing, real estate, automotive,shipping, design and engineering.

Wednesday, September 23, 2009

Thailand urged to get tough on pirates

       The Business Software Alliance (BSA)has identified Thailand as one of nine priority countries in the fight against piracy, and is encouraging the Government to meet international standards in copyright law.
       BSA President and CEO Robert Holleyman told Database that on this year's Asian trip he only visited China and Thailand to show how important it is to the market that the issue of software piracy is tackled.
       The BSA, which covers more than 80 countries, identified China, Brazil, Russia,India, Indonesia, Mexico, Poland, Turkey and Thailand as having the highest rates of piracy.
       Furthermore, Thailand is a priority also because both its home PC market and business IT usage are experiencing rapid growth.
       Even through the Government has made progress in the bid to reduce software piracy over the past few years, its rate of 76 percent of software sold in 2008 being pirated is still higher than the Asia Pacific average of 61 percent.
       Moreover, the drop in the value of the dollar is further adding to the losses caused by software piracy, with the 2008 figure rising to $609 million (20.5 billion baht), compared to $468 million (15.8 billion baht) in 2007.
       Jeffrey Hardee, BSA vice president and regional director Asia Pacific added that Thailand does have an intellectual property policy but the Government needs to do more to persuade business users to respect the law and to educate them in better software management,to not only protect the local software industry but also promote growth and productivity.
       He added that Thailand's Copyright Act should match the international benchmark in keeping with WIPO Treaties to promote online business and digital rights management to protect software available in legitimate form,including new environment distribution platforms such as Cloud Computing.
       Moreover, the law should also apply to Internet Service Providers who fail to take action against illegal websites after being notified of them.
       Hardee said:"It's important to note Thailand's neighbours, such as Singapore, Malaysia, Indonesia and the Philippines, have already implemented - or are nearing readiness for - solutions to piracy."
       Holleyman continued that the plan is for the Asean nations to harmonise their Intellectual Property (IP) laws by 2015, to ensure a free flow of trade in the region and fully implement WIPO Treaties.
       The region should learn from the European Union, the world's largest common market, in how it protects software, digital content and e-commerce, as well as battles cyber crime.
       The IP issue is growing in importance as social and economic infrastructures including health care and environmental issues are increasingly reliant on software,both nationally and globally.
       "The questions that any government should ask is how well we are going to use IT and software to reduce those problems," said Holleyman.
       Moreover, the recent announcement of the Creative Thailand initiative shows the value of Intellectual Property rights,as copyrighted products help to build innovation, boost the economy and increase the country's competitiveness internationally.
       If Thailand can show it is successfully tackling software piracy, the benefits will be felt not only locally but also in terms of its global reputation.
       This will make boost recognition for Thailand as an attractive investment destination more than mere advertising, as foreign investors will see strong Intellectual Property protection laws as an asset.
       Holleyman concluded:"Although piracy is hard to deal with, it is possible Thailand can significantly reduce piracy rates in a short period and ensure that businesses use legitimate software.
       "Some countries have already done this successfully. For example, Russia has reduced its piracy rate by 10 percent in two years, while Italy has reduced by more than 10 percent within one year.
       "Even in a recession, I am optimistic that piracy will continue to decrease if the Government and businesses stay focused on the value of clean software."

Landlords to face fines for ignoring sales of fakes

       Buyers and users of pirated products will be fined 1,000 baht per case, while commercial building owners and landlords, as well as website owners,who turn a blind eye to sales of pirated goods will face a fine of as much as 300,000 baht under a new draft law aimed at clamping down on intellectualproperty violations.
       Deputy Commerce Minister Alongkorn Ponlaboot said the ministry will soon propose the amendments to the Trademark Act and Copyright Act for cabinet consideration and approval.
       Under the draft legislation, users and processors of counterfeit goods including computer software, music and movies would be subject to a fine of not more than 1,000 baht, while commercialbuilding lessors, owners and landlords would face fines ranging from 30,000 baht to 300,000 baht.
       The penalty would also cover website owners operating or providing e-commerce services for pirated goods.
       The draft amendments are aimed at protecting intellectual property and promoting Thailand's development as a creative economy, said Mr Alongkorn.
       The effort also aims to get Thailand off the US's special watch list.
       Washington in May made a decision to keep Thailand on its special watch list of nations that have failed to crack down on copyright and patent violations.
       The United States Trade Representative (USTR) also named China, Russia,Algeria, Argentina, Canada, Chile, India,Indonesia, Israel, Pakistan and Venezuela as intellectual property (IP) offenders.
       Countries on the "Special 301" list could face penalties, trade barriers and embargoes. So far, no action has been taken against Thailand.
       The USTR identified five areas in Bangkok on a list of the world's most "notorious markets" for pirated goods: Pantip Plaza, Mahboonkrong shopping centre (MBK), Klong Thom Market, Patpong Road and upper Sukhumvit Road.

Friday, September 18, 2009

THAILAND"S ANTI-PIRACY EFFORTS WORKING

       Thailand's efforts to curb illicit copying of PC software have begun to bear fruit, with piracy rates falling for two straight years, but it remains high compared with the rest of the region and more needs to be done, the Business Software Alliance's chief said earlier this week."The reductions in the software piracy rate demonstrate how the government is serious about protecting intellectual property rights for software developers and reducing PC software piracy," Robert Holleyman, president and CEO of the BSA, said on his visit.
       The software piracy rate here is 76 per cent after falling two percentage points in both 2007 and 2008.
       A strong anti-software piracy effort through the first half of this year indicates the possibility of further reductions in the current software piracy rate.
       Holleyman held meetings with Prime Minister Abhisit Vejjajiva and government officials during his visit.
       "Software piracy remains a big challenge for the software industry and it is a worldwide problem that needs to be addressed through public and private collaboration.
       "We are encouraged to see that the Thai government has taken a series of steps to bring down software piracy and encouraging progress has been made," he said.
       While BSA's focus has been on corporate end-user piracy, BSA suggests greater efforts be made to end open retail trade of pirated PC software in IT malls.
       This would work to enhance Thailand's image in the eyes of international trade groups and governments, he said.
       Local software industry leaders said Holleyman's visit was a boost to the country's software development environment, and will help draw attention to Thailand as a country with a supportive environment for creators of intellectual property.
       "Holleyman's visit confirms that Thailand is on the right track with regard to software IP protection," said Somporn Maneeratanakul, managing director of Thai Software Enterprise and a BSA member.
       The success in stamping out fake software "gives confidence to creators and entrepreneurs in Thailand and around the world to see Thailand as a place that is good for innovation," he said.
       In recent weeks, Thailand's efforts to reduce PC software piracy have gained momentum through active police enforcement and court victories versus software pirates.
       In August, police had one of their strongest months on record, with 15 raids against companies that violated the Copyright Act.
       In July, software developers won a second case in civil court, gaining Bt1.8 million in damages for violation of their intellectual property rights.
       According to a study conducted by IDC, reducing software piracy in Thailand by just 10 percentage points over the next four years could generate 2,100 new jobs, more than US$1 billion (Bt33.78 billion) in economic growth and more than $55 million in tax revenue above current projections.

CONCERTED MOVE AGAINST PIRACY, COPYING, ILLEGAL USE

       Effective IP protection basis for creative economy - department
       The Commerce Ministry has begun a large-scale crackdown on intellectual property violations in the software industry.
       The Ministry has been directed to protect both local software companies and overseas companies whose products are sold here from piracy, illegal use and copying. It is moving to fully protect intellectual property (IP), legal software, copyright and software developers' authority of ownership.
       It is also reviewing a draft of new copyright laws, developing an Asean Database on Patent Design and setting up a Patent Cooperation Treaty office for local businesses that want to apply for international patents.
       Deputy Commerce Minister Alongkorn Ponlaboot said the ministry had formed a National IP Policy Committee. Its function will be to protect IP of all kinds and promote this protection as a business benefit to companies operating in all fields, from traditional businesses to those operating on the Internet. Specifically, it will be fighting illegal operators who flout copyright laws.
       The committee's responsibilities are divided into two main areas: promoting and protecting intellectual property.
       In promoting IP, the committee will help individuals and businesses to develop products and services behind the shield of IP protection, so that these products and services can contribute to the government's creative-economy mission. It will work in 15 industrial sectors, including automotive, manufacturing and software.
       It also plans to set up a subcommittee on the creative economy, to encourage local businesses to become involved in the Creative Thailand initiative and to support the government's Thai Khemkhaeng (TKK) project.
       Meanwhile, in its role of protecting IP, the national committee is in the process of submitting draft changes to copyright laws for Cabinet approval. The draft law sets out to extend IP protection to businesses operating on the Internet or conducting e-commerce.
       The draft also proposes to punish Internet service providers involved in IP violations, landlords who provide locations and space to illegal Internet services and Internet Cafes that provide illegal services.
       Alongkorn said the committee had also set up three subcommittees and working groups to investigate individuals and businesses believed to be operating in violation of IP laws. These included a subcommittee on prevention and suspicion of IP violation, a working group on investigation and suspicion and a working group on education and publications related to IP.
       The deputy minister said his ministry was also planning to separate its IP Department and transform it into a service delivery unit, or intellectual property centre.
       The IP Department has also developed various strategies to support the creative-economy mission. The protection of intellectual property is seen as a vital part of the foundation on which a creative economy will be built. In the next two years, the department plans not only to raise the country's competitiveness by encouraging the use of IP protection and enforcing the laws, but also to protect local wisdom as intellectual property and to provide funding to allow individuals and businesses to use IP to develop commercial products and services.
       IP Department director-general Puangrat Asawaphisit said his department was also cooperating with authorities in the Philippines, Malaysia and Singapore to set up a prototype Asean Database on Patent Design so that participating countries will be able to search patent design in the region. The department plans to set up a trial of a local patent-design database early next year.
       Puangrat said the department would also set up a Patent Cooperation Treaty (PCT) office by the end of this month. The office will act as an agent, preparing the necessary translations and paying national fees for local people and businesses applying for international patent protection. It aims to encourage Thai inventors to seek international protection for their innovations. The services of the PCT office will be available early next year.
       The department will also allow individuals and businesses to register and apply for local patents by Internet in the near future.
       Meanwhile, the Business Software Alliance says illegal software and software piracy in Thailand has been reduced by 76 per cent, compared with levels three years ago, when 80 per cent of software was the product of piracy.

Monday, September 14, 2009

Thail brand owners urged to protect their rights in Asean

       As Thai brands grow in popularity in neighbouring countries, their producers should move to protect their intellectual property and register trademarks abroad,suggests the Department of Export Promotion (DEP).
       Piramol Charoenpao, deputy directorgeneral, said Thai products were gaining popularity and were positioned as premium brands in Burma, Laos and Cambodia, but the brand owners are unaware of their intellectual property rights in these markets.
       "In Burma alone, there are 65 Thai brands and none of them have their trademarks registered there. We're worried that these products will get copied soon or may have been copied already. We want the brand owners to do something before it's too late," she said.
       The department will assist Thai product owners to register their trademarks in Burma as a pilot project. It will work closely with the Intellectual Property Department and the Consular Affairs Department to provide them advice.
       Ms Piramol said Thai producers should consider investing in Burma or Laos as they can gain benefits from lower labour and material costs and receive investment privileges as well.
       "Burma is not awful like we thought.Forget about the junta and political problems as business has to continue. If you have a production plant there, you can serve the Burmese market and ship some products back to Thailand," she said.
       She said some big companies had gone abroad to set up production years ago, and a number of mid-sized firms are interested now. Lampang Food, for example, has invested in Burma for almost 10 years to produce canned food that is exported back to Thailand.
       The DEP today will hold an export clinic at Central Plaza Lat Phra to provide consultancy services for exporters wishing to explore business opportunities in the world market. Exporters will get updates about trends and demand in different countries by trade representatives.
       The DEP will also work with the Tourism Authority of Thailand to stage a midnight sale in two of Bangkok's famous trading areas, Pratunam and Worachak.Pratunam is well-known for its wholesale fashion garments while Worachak is the centre of second-hand auto parts.
       "We hope this event will become popular and attract tourists as well. It can create trade as some product sellers in the two areas have never known how to export products, so we will help bring potential customers to them," Ms Piramol said.

Sunday, September 13, 2009

Aids drugs patent rejection gets praise

       India's rejection of patent applications on two life-saving HIV/Aids drugs last week has been welcomed by health officials, who say it will ensure wider access to the medicines.
       India has the world's third highest caseload, with 2.5 million infections,behind Nigeria and South Africa.
       India's Patent Office rejected applications for leading antiretroviral drug tenofovir, manufactured by US biotechnology group Gilead, and darunavir,which is made by Ireland's Tibotec Pharmaceuticals, officials said.
       "This is a welcome decision and we have always been supporting Aids drugs should not be patented, because if they are patented it will reduce their access to common people," said B.B. Rewari, a senior official at India's National Aids Control Organisation (Naco), the main government agency battling the disease.
       A patented tenofovir drug would have cost 3,000 rupees (2,120 baht) each, but a generic would cost around 570 rupees,he said.
       "It is a welcome decision for Indian patients and for other developing countries who are battling the disease,"said Mr Rewari, who heads the country's anti-HIV/Aids national programme.
       A spokeswoman for Tibotec Pharmaceuticals said the company was reviewing the decision.
       Aids workers say both companies could challenge the decision by filing a second patent application.

Friday, September 11, 2009

Aids drugs patent rejection gets praise

       India's rejection of patent applications on two life-saving HIV/Aids drugs last week has been welcomed by health officials, who say it will ensure wider access to the medicines.
       India has the world's third highest caseload, with 2.5 million infections,behind Nigeria and South Africa.
       India's Patent Office rejected applications for leading antiretroviral drug tenofovir, manufactured by US biotechnology group Gilead, and darunavir,which is made by Ireland's Tibotec Pharmaceuticals, officials said.
       "This is a welcome decision and we have always been supporting Aids drugs should not be patented, because if they are patented it will reduce their access to common people," said B.B. Rewari, a senior official at India's National Aids Control Organisation (Naco), the main government agency battling the disease.
       A patented tenofovir drug would have cost 3,000 rupees (2,120 baht) each, but a generic would cost around 570 rupees,he said.
       "It is a welcome decision for Indian patients and for other developing countries who are battling the disease,"said Mr Rewari, who heads the country's anti-HIV/Aids national programme.
       A spokeswoman for Tibotec Pharmaceuticals said the company was reviewing the decision.
       Aids workers say both companies could challenge the decision by filing a second patent application.

Tuesday, September 8, 2009

Google Books moves to reassure EU

       Internet search leader Google said yesterday it is making concessions to European publishers to try and soothe worries over its Google Books project, which aims to put hard-to-find books online.
       Google's digital library has raised hackles among rivals such as Microsoft, yahoo and Amazon and raised fears among European copyright holders that their exclusive rights could be eroded.
       Google spokesman Bill Echikson said the company would take these concerns on board and would appoint two European representative for authors and one for publishers. He also said that Google would do more the check that English-language editions of books originally published in a European language weren't wrongly listed as out-of-print in the United States. Publishers feared that adding such books to the Google library would lose them sales.
       The European Commission yesterday held a hearing to examine the effect of Google's 10-month settlement with US authors and publishers on copyright holders in the EU. Unlike the US deal, Google is only right European books over 150 years of age to avoid infringing copyrighted material.

Friday, September 4, 2009

NIA PUSHING LOCAL FIRMS INTO R&D FOR BIOPLASTICS

       The National Innovation Agency wants local firms to conduct research adn development in bioplastics, negotiating with relevant agencies to preserve intellectual property and grant tax incentives to researchers.
       The move is in line with its 2008-12 national road map for the development of a bioplastics industry.
       "I'm confident we can have a bioplastics industry in the next two years, but want I worry about is the possibility of losing it to foreign firms," said director Supachai Lorlowhakarn.
       He said the NIA was afraid the Kingdom might fall prey to foreign companies wanting to use Thailand as a production base for raw materials.
       International companies, such as Purac, NatureWorks and some Japanese businesses, have expressed interest in building plants here, while few local firms are prepared to invest in upstream of bioplastic operations.
       He said the NIA would set up a pilot plant to make polyactic acid (PLA), with annual production capacity of 100,000 tonnes.
       "This will cost Bt8 billion, of which 60 per cent will come from the government and the rest from the private sector-but only Thai firms," he said.
       In line with the road map's strategy of accelerating technology development and cooperation, the NIA has give Kasetsart University Bt 1 billion to use in producing Thai researchers.
       At least one modern technology fermenting sugar for monomer production-is expected to be gained by 2012, as well as at least one modern compounding technology: preparation of PLA.
       Sei-ichi Aiba, head of the Environmentally Degradeble Polymer Research Group at Japan's National Institute of Advanced Industrial Science and Technology, said his group was willing to support Thai universities and researchers in the creation of new upstream products, in order to develop a future bioplastics industry here.
       He said Japan has started to use bioplastics in the manufacture of such products as mobile phones and medical equipment.
       The market for bioplastic products is expected to grow continuously, due mainly to environmental concerns.
       Meanwhile, the NIA will collaborate with the National Parks, Wildlife and Plant Conservation Department on promoting the use of biodegradable disposal bags on southern islands.
       "This will be a pilot project to educate locals and tourists alike on the use of environmentally friendly products in managing their waste disposal property," said project manager Korapat somsaeng, adding that it would be launched next month.

Tuesday, September 1, 2009

Bollywood looks to call the tune on music downloads

       Abhishek Choudhary is a typical college student. Like millions of other teenagers, whenever he wants to listen to the latest Bollywood tune, he logs on to his computer and downloads it for free.
       The illegally-obtained tracks are then transferred onto his mobile phone and shared with friends using Bluetooth technology, providing a beat to their daily lives.
       "It's easy and freely available. That's the best part of the internet. I can get any kind of Bollywood music through different websites at any time," said 19-year-old Choudhary, who asked for his real name not to be used.
       But his days of downloading and easy exchanging could be numbered, as the Indian government looks to get tough on the intellectual property pirates.
       A new law is winding its way through parliament, recommending up to two years in jail for anyone caught bootlegging music CDs.
       And earlier this year, four major Bollywood studios teamed up with a private security firm in Mumbai to take on the DVD counterfeiters who cost the film industry an estimated 15 billion rupees (10 billion baht) every year.
       Like elsewhere in the world, the arrival of the MP3 format, increasing take-up of the internet and portable music devices like iPods have changed the way people buy and enjoy music in India.
       In 2008, the Indian music industry was worth some 7.3 billion rupees, down from 8.3 billion rupees three years earlier,according to a KPMG report for the Federation of Indian Chambers of Commerce and Industry.
       Revenues could fall up to 9 percent by 2013 as consumers switch from buying music CDs and audio cassettes to digital formats, prices drop to stay competitive,and unauthorised copying of tunes continues, it added.
       Bollywood, India's popular Hindilanguage film industry, drives the country's music scene, with the most popular songs mainly coming from the hundreds of movies that come out each year.
       Now, as corporate investment from home and abroad transforms filmmaking, production and marketing from an informal family affair into a multinational business, the industry is looking to modernise every revenue stream.
       The first step has been taken by India's largest music company, T-Series, which is to offer music from the upcoming film Blue on portable USB memory sticks and mobile phone cards.
       Music for the film, starring a host of big name Bollywood stars and a cameo role from Australian singer Kylie Minogue, has been composed by A.R. Rahman, who won two Oscars for his work onSlumdog Millionaire earlier this year.The idea is to make clients out of youngsters like Abhishek, rather than criminalise them, said T-Series' managing director Bhushan Kumar.
       "The trend in music is strongly favouring digital platforms," he told reporters recently.
       "We will be aggressively looking at mobile memory chips through which people can carry music on their phones and will be looking at pen drives which people can carry with them and use in laptop as well as car audio systems."
       Another music company, Saregama,aims to follow suit.
       India is one of the fastest-growing telecoms markets in the world.
       The number of mobile phone subscribers crossed the 400 million mark in April, with the country on track to have half a billion customers by next year,according to official data released in June.
       Kumar said the formal sale of Bollywood tunes for mobile phones was a "revolutionary step which may change music consumption in India to a great degree". Abhishek said he would use the technology "as long as it's cheap and affordable"- a key test as to whether it takes off among India's tech-savvy,urban youth.
       T-Series and Saregama have yet to divulge how much their devices will cost.

Friday, August 28, 2009

DSI seizes B15m in fake watches, arrests suspect

       The Department of Special Investigation has arrested a man for intellectual property violations and seized more than 10,000 counterfeit watches worth 15 million baht.
       The haul followed raids on Wednesday on shops in the Charassaeng Pattana building in Samphanthawong district and a house in the Taling Chan area.
       The DSI said 10,362 counterfeit watches bearing the names of leading luxury brands such as Tag Heuer, Patek Philippe, Rolex and Panerai were confiscated.
       Somchai Arunnamchoke,44, was arrested for possessing the counterfeit items with intent to sell.
       Mr Somchai was arrested on the same charges two years ago.
       He has been released after posting bail of 100,000 baht.
       DSI deputy chief Narat Sawettanant said confiscation of the counterfeit goods was part of the government's drive to have Thailand withdrawn from the US Priority Watch List for intellectual property violations.
       He said most of the fake luxury watches confiscated by authorities were imported from China.
       Pol Col Prawet Mukpramol, chief of the DSI's intellectual property unit, said the office was seeking amendments to the anti-piracy law to toughen the penalties against those who violate copyrights or patents.

BSA to launch online campaign

       In an attempt to reach the younger generation and IT savvy users, the Business Software Alliance will launch Super Hero online video campaign via YouTube throughout the Asia Pacific region including Thailand next month.
       The video campaign aims to motivate the people to inform the authorities about illegal usage of software, according to Roland Chan, Business Software Alliance (BSA) Senior Director of Marketing, AsiaPacific.
       Meanwhile the BSA will raise awareness through online and offline channels to attract more users calls to the BSA hotline (02-714-1010) for legal action against copyright violators to receive an award of up to 250,000 baht.
       "Clearly, the recession has led some people to call the hotline as a way to make up for lost income and to ease economic pressures and cash rewards for anonymous tips about software piracy are gaining favour among corporate managers and employees," said Chan.
       Each year Thailand has 500-1,000 calls to hotline numbers and this year expects to get more from the new activities. In the first eight months of this year police raided more than 60 companies suspected of netting more than 150 million baht in unlicensed software.
       "Among the hotline tips we receive are those about companies using unlicensed dictionaries without paying fees to the Thai Software Enterprise. Utilities software such as antivirus software is still the most popular for illegal use."
       Moreover, there is a new viable option for copyright holders to sue illegal users though the Thai Central Intellectual Property and International Trade Court to compensate their losses.
       In a recent case, the court awarded the maker of design and engineering software 1.8 million baht in damages.The decision was based on evidence that the defendant infringed the software developer's copyright.
       The court arrived at damages of 1.8 million in consideration of the value of the software, plus interest owed the plain-tiff starting from the date on which the defendant began using the unlicensed software.
       The case began in late 2005 when a police investigation and subsequent police raid at the company's offices discovered unlicensed software being used by employees. Following a conviction in the criminal courts, lawyers for the plaintiff brought a civil case against the defendant, which culminated in victory last month.
       The defendant, a 100 percent Thaiowned company, has registered capital of approximately 150 million baht and annual revenue of approximately 250 million baht.
       Leonard Yeung, Autodesk's Asean Licence Compliance Manager, said that the court's opinion demonstrates once again that there are criminal and civil liabilities to be faced by companies in Thailand that use counterfeit or unlicensed copies of software in their business practices.
       This case represents the second decision in favour of software developers.In January,2009, Autodesk won a milestone case as the first software development company to bring legal action against a company accused of using its software without licensing. In that case,Autodesk was awarded 3.5 million baht by the Thai Central Intellectual Property and International Trade Court.
       Chan continues that it is possible that these two cases will encourage more software developers to take action at a civil level. However, fighting to this has high legal is costly and takes long process,which is why more than 50 percent of cases are settled out of court.
       There are several positive signs to make Thailand piracy rate in 2009 reduce from central government policy and strong police enforcement and compensation to copyright holders.
       A BSA-IDC study revealed that Thailand's PC piracy rate in 2008 was around 76 percent with a value loss of US$609 million, dropping two points from 2007 and 80 percent in 2006. Thailand ranks eight out of 19 Asia Pacific economies.

IP piracy fight needs new plan

       Commerce Minister Porntiva Nakasai has fired the opening salvo in a new effort to make the case that Thailand is far from the swashbuckling pirate of intellectual property (IP) it is sometimes portrayed. Her weekend speech to the US-Asean Business Council raised a few eyebrows.In fact, her plea for Washington to remove Thailand from the list of the world's worst pirates deserves a serious hearing.
       While it is true that illegal copies of music, movies and computer software are widely available, the government deserves both less blame and more credit than critics such as the United States dish out.
       US pressure on Thailand comes in the form of a yearly report by the office of the US Trade Representative (USTR). The list purports to be a US government summary of the state of IP protection in every country in the world. From these narratives, the USTR then compiles name-and-shame lists of good, bad and worst countries.
       For the past two years, Thailand has been on the list of worst examples of IP, along with China, Russia and nine other nations. In addition to the shame, being on this Priority Watch List puts countries at severe risk of arbitrary and sudden punishment in almost any type of trade.
       So far, the US has not directly levied bans or punitive duties on Thai business. But neither has it made any effort to relieve the stress that it might do so at any time.
       That was the motive behind the appeal by Mrs Porntiva. Since it was a speech, and not a discussion, it is not known if she moved her audience.
       The truth is that she should have. The various watch lists by the USTR on intellectual property have been accused of being capricious and unreliable. It has been argued that they are not the result of objective, diplomatic investigation. They are often made in the midst of strong lobbying and often intense personal involvement of the so-called entertainment industry in the US. These men and women, almost entirely without international experience, have a strong money-interest and huge influence on which countries get the pressure by being placed on the Priority Watch List.
       The current list includes Canada, one of the world's most careful protectors of IP, simply because its government defied Hollywood and allowed a form of internet file-sharing which the Hollywood bigwigs oppose. Unlike similar lists compiled by US diplomats on worldwide terrorist threats, human trafficking and the drug trade,the annual reports on IP are sometimes little more than a reflection of political pressure by the US movie industry and, lately, the huge software companies.
       That is no way to make international policy. It would be better if the US Trade Representative took notice of Washington's other important reports, both historically and present-day.
       The US government would do well to think back to the bad days of the late 1970s and 1980s. At that time,Thailand's place in the world drug trade appeared even worse than today's piracy. Just as today, however,the government was resolutely opposed to the illegal traffic and worked on a way to combat the trafficking.
       In the drug trade, the plan worked brilliantly. Thailand became a world role model for combating trafficking and helping the farmers and small-time drug merchants.The country deserves the same chance to fight IP piracy.Being placed on the list of worst violators will not contribute to protection of IP. A long-term plan that aims to wipe out big-time pirates while helping smallsized businesses to adapt has more chance of success.