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.

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.

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.

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.

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.

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.

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.

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.