S&I INTERNATIONAL BANGKOK OFFICE :Intellectual Property News around SE Asia

S&I INTERNATIONAL BANGKOK OFFICE

IP NEWS around SE Asian region No. 95

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Thailand
TH-668. Inventions patent application soar 75% (25/3/2008 )

TH-669. Two arrested in fake textbook bust (28/3/2008)

TH-670. Consumer body launches petition for the impeachment of Chaiya (29-30/3/2008)

TH-671. Compulsory Licensing is essential (20/3/2008)

TH-672. VCD, DVD makers seek rights (21/3/2008)

TH-673. Crackdown on fake school textbooks (22/3/2008 )

TH-674. IP pirates to face crackdown (25/3/2008)

TH-675. Cartoon Diplomacy (27/3/2008)

TH-676. Health minister’s headache (26/3/2008)

TH-677. New testing center to open in October (1/4/2008)

TH-678. Foreign Business Act needs more clarity (4/4/2008)

SG-151. Architecture firm sues three for moonlighting (18/3/2008)

IN-15. Entertainment industry takes $4-billion hit (25/3/2008)

CN-85. Gucci wins sandal case in Shanghai (16/4/2008)

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Editorial Commentary

Editorial

Whether or not compulsory licensing can really extend public access to medicine (as claimed by supporters), or end up hurting the country’s trade and eventually its economy (as claimed by opponents), the Public Health Minister Chaiya Sasomsab has finally decided to push forward the policy on compulsory licensing (CL) to extend access to four generic versions of cancer drugs. (From Bangkok Post, Thailand 2 May 2008)

By running the universal healthcare programmes, which producing or importing generic versions of a patented drug for emergency use, it is the only way for the majority of 48 million Thais under the healthcare scheme to gain access to life-saving medicine. For all that, the CL policy will continue to serve as an effective tool to test the political will stand up for the public’s right to access life-saving medicines.

Pornpimon S.

News Contents Follow

Thailand

TH-668. Inventions patent application soar 75%

(From The Nation, Thailand 25 March 2008 )

Bangkok – Assoc Professor Sakarindr Bhumiratana, president of the National Science and Technology Development Agency (NSTDA), said the agency and the various centers under its supervision had significantly increased the number of inventions filed for patents last year. The NSTDA and five agencies has worked on “Fast Forward” plan to accelerate research and development for innovations. The NSTDA alone filed 92 patents last year compared to 52 in 2006. It expects to file 110 applications this year. “Scientists from the NSTDA and other partner institutions are currently working on 1,070 projects, and 54 of them have had patents issued and been commercially developed,” the president said.

TH-669. Two arrested in fake textbook bust

(From Bangkok Post, Thailand 28 March 2008 )

Bangkok – Economic crime police have raided a house in Roi Et province and arrested two people in connection with the production of fake school textbooks. Police seized more than 31,000 fake textbook and charged violating copyrights, a maximum jail term of four years and/or a maximum fine of 800,000 baht to the suspects if found guilty. The division raided several bookstores in several northeastern provinces and confiscated 53,257 fake school textbooks worth 3.2 million baht. Pol Maj-Gen Wisut said the textbooks found were estimated to cause damage of 1.86 million baht to the copyright holders.

TH-670. Consumer body launches petition for the impeachment of Chaiya

(From The Nation, Thailand 29-30 March 2008)

Bangkok – The Consumer Protection Foundation submitted a petition to launch impeachment proceedings against Public Health Minister Chaiya Sasomsap. The petition cited four reasons as grounds for impeachment. First, the minister placed an unnecessary burden on the health budget by reviewing the compulsory licensing of four cancer drugs. Second, he has violated constitutional provisions in trying to reverse the compulsory licensing and acted contrary to government policies on equal access to healthcare. Third, he reassigned senior health officials without any justification. Fourth, he has failed to safeguard the interests of consumers and patients.

TH-671. Compulsory Licensing is essential

(From The Nation, Thailand 20 March 2008)

Bangkok – US Trade Representative’s assistant, Barbara Weisel has asked the Thai government to set up a stockholder’s committee to study the CL drug policy. Although a new panel will delay the process to impose CL but it would help Thai government to consider alternatives to help poor patients get access to drugs. However, the civic groups fear this will possibly scupper the decision of the previous government to impose CL for life-saving drugs. The US should not intervene in the Thai government’s decision, and also the World Health Organization and the WTO both guarantee that this process follows international regulations and does not abuse the TRIPs, so it should be allowed to continue its work, with the aim of securing CL for essential drugs.

TH-672. VCD, DVD makers seek rights

(From The Nation, Thailand 21 March 2008)

Bangkok – By facing piracy problem and strict censorship by local authorities, this encourages potential customers to buy pirate goods, which are uncensored. Now, local manufacturers and distributors of VCDs and DVDs, are seeking more rights from the licensors. As Mr. Jirath Pavaravadhan, vice president of Rose Media & Entertainment, plans to buy all-rights licenses for cartoon animations, including merchandising. Mr. Jirath said this will transform his business from making and distributing VCDs and DVDs to manufacturing and selling licensed merchandise of well-known cartoon characters such as Keroro, Naruto and Magiranger. While Media Network Retail has bought a four-year all-rights license for the new Ultraman Mebius from Tsuburaya Productions. The company had secured all rights to the character. The solution for granting of merchandising licenses assumed being lucrative. For Emagination, a company who had been awarded a local license for the Doraemon character to be used as digital content, including still and movable graphics, games and movies downloads, to mobile phones and websites, had opened branches in Indonesia and Singapore, where the licensed digital content of Doraemon is expected to expand. Vietnam and Malaysia would be next.

TH-673. Crackdown on fake school textbooks

(From Bangkok Post, Thailand 22 March 2008)

Bangkok – Authorities are tracking an organized network behind the production of fake school textbooks in the Northeast. The officers raided several bookstores in Udon Thani, Roi Et and Maha Sarakhm, and seized 53,257 fake textbooks featuring 50 different covers worth 3.2 million bath. To fight the fraud ring, the office will next year use different paper and add barcodes to help buyers distinguish between the real and fake books. For producers, distributors, sponsors and buyers who purchase a book knowing it is fake are liable to jail terms of six months to four years and/or a fine of 100, 000 to 8000,000 baht.

TH-674. IP pirates to face crackdown

(From Bangkok Post, Thailand 25 March 2008)

Bangkok – The Commerce Ministry vows to tighten its crackdowns on intellectual property piracy and take more serious legal action against the fake product vendors. Music copyright fee structures would be also be revised to prevent music companies from overcharging users. Barbara Weisel, the assistant United States Trade Representative (USTR), urged Thai government agencies to work in a more co-ordinate way to curb IP violation, including to set up a stakeholders’ committee to review compulsory licensing. The USTR next month will issue its annual report on countries’ intellectual property protection. The CL issue is one of several that have been cited as possible grounds for designing Thailand in the top category of offenders.

TH-675. Cartoon Diplomacy

(From The Nation, Thailand 27 March 2008)

Bangkok – Japan’s Foreign Minister Masahiko Komura appointed the popular cartoon robot cat, Doraemon, as “anime ambassador” to promote Japanese animated cartoons and to deepen people’s understanding of Japan. This year, the ministry plans to arrange showings of a Doraemon film in Singapore, China, Spain, France, and at other Japanese diplomatic missions around the world. Through this cartoon, it hope to convey to people abroad what ordinary Japanese people think, the lifestyles and what kind of future they want to build.

TH-676. Health minister’s headache

(From Bangkok Post, Thailand 26 March 2008)

Bangkok – Public Health Minister Chaiya Sasombab still has a sense of humour, despite that he is the first cabinet minister to be targeted for impeachment by the civil sector, which supports the use of compulsory licensing (CL) for life-saving drugs. After he took office in early Feb, he would review the CL policy due to fears it would affect trade. Moreover, he also removed a key man working on it and transferred him to an inactive post, prompting public resentment, which eventually led to the signatures-gathering campaign to oust the minister from office. In an unprecedented move, the campaigners are trying to gather the 20,000 signatures required under the new constitution to remove a minister. Mr. Chaiya said it was too soon to judge him. An executive is normally given some time to work before being assessed. However, as the minister quickly jump into view the CL policy, that also quickly purged people who were working hard on the CL policy, said Dr Pongthep, the secretary general of the Rural Doctors Society. “We don’t mind it politicians do not have a strong academic background, but what has happened clearly shows that the ministry’s vision now is not there for public health.

TH-677. New testing center to open in October

(From The Nation, Thailand 1 April 2008)

Bangkok – The Industry Ministry is collaborating with the Japanese-based Kobelco Research Institute to set up the Testing and Analysis and Research for Industries Network Center, which will include transfers of technology and the know-how to use natural resources, particularly in the automotive and electronics industries. The center will focus on improving production methods for small and medium-sized manufacturers to meet international standards. It is expected to start providing services in Octobers. Meanwhile, the Thai industrial Standards Institute (TISI) will allow appointed private organizations to run their certifying processes in June.

TH-678. Foreign Business Act needs more clarity

(From The Nation, Thailand 4 April 2008)

Bangkok – Bangkok – The government plans to review the Foreign Business Act, which governs foreign businesses in Thailand. The old law imposed capital controls and the compulsory licensing of drugs that brought a negative perception towards Thailand. It is now up to this government to create suitable rules to regulate foreign businesses in the 21^st century environment. According to the Commerce Ministry, the most important parts of the amendment are the Annex III list of businesses subject to protection, the definition of the nationality of the corporate entity, and the punitive measures to punish investors who violate the law by, for instance, having foreign shareholders holding more shares than are reported is a desirable improvement. It is hoped that the result will be clear-cut and fair government policy to regulate foreign businesses. Otherwise, some foreign investors might be hesitant about whether they should do business in Thailand. The key to regulating the Foreign Business Act is balancing the need for a foreign presence and the interests of Thai business, especially when the country can be affected by massive international capital inflow.

Singapore

SG-151. Architecture firm sues three for moonlighting

(From The Straits Times, Singapore 18 March 2008)

Singapore – A well-known architectural firm, Ong & Ong Architects, has sued three interior designers for moonlighting. Ong & Ong Architects argued that the three breached their employment contracts by using confidential information. But the three defendants countered that they were not employees of Ong & Ong and in a profit-sharing business venture with the firm. They claimed the plaintiff had breached an agreement to pay them half the profits from interior design services, and accused it of infringing their copyright by passing off SPP’s works and awards as its own.

India

IN-15. Entertainment industry takes $4-billion hit

(From The Nation, Thailand 25 March 2008)

Bombay – Piracy and counterfeiting are growing and deprive the Indian entertainment industry of about US$4 billion, or almost 40 per cent of potential annual revenues, according to the first Bollywood-Hollywood collaborative study. Industry officials in both of the United States and India hope to use the study’s findings to call for stricter legislation and tougher policing of the grey market, part of a joint attack on piracy. Losses to the industry from the trade in illegal CDs, DVDs, music downloads and cable television account for 38 per cent of total potential sales or $4 billion, according to a joint report by the US-India Business Council (USIBC) and the US Chamber’s Global Intellectual Property Centre.

China

CN-85. Gucci wins sandal case in Shanghai

(From Bangkok Post, Thailand 16 April 2008)

Beijing – Luxury goods maker Gucci has won a trademark copycat lawsuit against a Chinese shoemaker. Senda Group, based in the eastern province of Jiangsu, was ordered to pay Gucci 180,000 yuan in compensation for infringing on the Gucci trademark featuring an interlocking “GG”, according to the ruling handed down by the People’s Court of Shanghai Pudong District. Ferrero won a five-year battle against a Chinese firm producing fakes of it famous gold-wrapped Ferrero Rocher chocolates. China’s Supreme People’s Court ordered mainland company Montresor to stop making the nutty chocolates and pay damages of 500,000 yuan.

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