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.