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.