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chief Narat Sawettanant said confiscation of the counterfeit goods was part of the government's drive to have Thailand withdrawn from the US Priority Watch List for intellectual property violations.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.
Friday, August 28, 2009
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.
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.
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.
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