Thread: Thailand: PM not surprised Thailand is on PWL (US Priority Watch List)

US names more 'red zone' markets in Thailand | Bangkok Post: business

US names more 'red zone' markets in Thailand

• Published: 21/12/2012 at 05:19 PM
• Online news: News

The United States Trade Representative (USTR) has declared eight more markets in Thailand as "red zones" selling fake brand products.

New additions in its Out-of-Cycle Review of Notorious Markets issued on Dec 13 are: Chatuchak, MBK Shopping Centre, Siam Square, Klong Thom, Sukhumvit Road and Patpong Market in Bangkok, Karon Beach and Patong in Phuket, ITCity in Pattaya, and the Rong Kluea and Friendship markets at the Aranyaprathet border crossing with Cambodia.

The report said Thai authorities have designated Panthip Plaza, Klong Thom, Saphan Lek and Baan Mor shopping areas as targets for enforcement of laws against product piracy and counterfeiting.


File photo

The USTR said in its report that the list identifies particular markets in which pirated or counterfeit goods are available. The US urges the responsible authorities to intensify efforts to investigate reports of piracy and counterfeiting in these and similar markets.

The 2012 notorious markets report, which also includes the internet markets, is the third list published by the USTR. The earlier lists were published in February and December 2011.

These markets have been selected for inclusion both because they exemplify wider concerns about global trademark counterfeiting and/or copyright piracy, and because their scale and popularity can cause economic harm to the US and other intellectual property rights holders, the report says.

However, the notorious markets list does not purport to reflect findings of legal violations, nor does it reflect the US governments analysis of the general climate of intellectual property right protection and enforcement of in the countries concerned, the report says.

A broader analysis of IPR protection and enforcement is presented in the annual Special 301 Report, published at the end of April each year.

Deputy Commerce Minister Nattawut Saikuar, who looks after Intellectual Property Department, said he did not why the USTR suddenly put these new zones on the list as the Thai authorities have already identified these markets under Thailand's own "red zone" listing and already issued warnings and enforced the law continuously.

He said Thailand would integrate work between private and public sector to fight counterfeiting. A National Intellectual Property Protection Operation Centre will be created and 2013 will be announced as the year of intellectual property protection.

He said the camera recording bill had already passed the consideration of the Office of the Prosecution and is likely to be considered by the cabinet on Jan 8, 2013. If approved, it would be put to the parliament later.

The legislation aims at preventing the use of cameras to record movies in theatres for copying by counterfeiters.

Mr Nattawut said the government will try to discuss with the US a review Thailand's status. The country is now on the US Priority Watch List, with a revision due to be announced in April.

Intellectual Property Department's statistics show that raids on intellectual property rights pirates in the first nine months of this year resulted in 8,416 cases, with 6.2 million items seized.

Only this week, 30,000 items of falsely branded cosmetics worth an estimated 30 million baht had been seized in Pathum Thani province by the Department of Special Investigation.

Thailand declares war on piracy, intellectual property violation | MCOT.net



Thailand declares war on piracy, intellectual property violation

By English News | 18 ม.ค. 2556 09:29

BANGKOK, Jan 18 – Thailand will set up a special centre to crack down on intellectual property infringement with tough government action against violators, according to Deputy Commerce Minister Nattawut Saikua.

The minister said the Policy Committee of the National Intellectual Property Bureau has moved to set up the Operations Centre for the Suppression of Intellectual Property (IP) Infringement to deal strictly with the long-standing issue. Mr Nattawut himself will head the centre.

Several IP-related laws such as legislation concerning copyright, patent, trademarks, food and drug regulation, and consumer protection will be applied to take legal action against IP violators, Mr Nattawut said.

The centre will also monitor money trails, tax payment records and money laundering activities of piracy suspects, he said, adding that the authorities are keeping a close watch on the movement of a major producer of IP-infringed products, his warehouse and distribution channels in Bangkok and upcountry.

An arrest of the violator is imminent, he said.

Mr Nattawut said the IP meeting on Thursday also agreed to intensify an effort to have Thailand removed from the Priority Watch List (PWL) in a report prepared annually by the Office of the United States Trade Representative under Section 301 as amended to the Trade Act.

Thailand is accelerating action to prevent IP infringement such as amending the copyright law to protect IP on the Internet and customs law to empower authorities to confiscate pirated merchandise.

The measures should materialise in time for the next PWL evaluation in April, the minister said, adding that proprietors of commercial complexes where pirated products are sold will be invited by the authorities to be briefed on the government’s anti-piracy policy. (MCOT online news)

Originally Posted by Spin

Originally Posted by DaffyDuck

There is still no need to issue new intellectual property laws as the current ones still work, he continued.

oooooookaaaayyyyy

This guy is an embarrasement to the UK education system. A clown of the highest order, who clearly paid cash for any letters he may, or not have after his name.

Intellectual property laws are bullshit. Ever think of that ?

Software pirates in the crosshairs | Bangkok Post: business

Software pirates in the crosshairs

State crackdown to use money laundering law

• Published: 19 Jan 2013 at 00.00
• Newspaper section: Business

The government plans to cut Thailand's software piracy level to 68% this year in a bid to persuade the United States to remove the country from its Priority Watch List (PWL) of the most serious intellectual property rights (IPR) violators.

The US has put Thailand on its PWL every year since 2007.

The list carries no threat of sanctions but is aimed at shaming governments into fighting piracy and updating copyright laws.

The government is also working on a plan to discuss volume licensing for the state with Microsoft, seeking special discounts of up to 80%.

Pajchima Tanasanti, director-general of the Intellectual Property Department, said the government is moving aggressively to combat software piracy.

The recently established National Intellectual Property Bureau combines 25 IPR and 40 legal agencies in a single task force.

IPR violations will be pursued under money laundering laws, meaning the state could seize money from offenders and IT malls that allow vendors to sell illegal products.

The cabinet recently approved a draft copyright amendment, pending endorsement from parliament.

"We expect the law to take effect this year," said Mrs Pajchima.

Globally, software piracy continues to rise as broadband internet booms.

In Thailand, half of all software piracy last year was conducted online, up from 40% in 2011, and the rate will probably surge to 80% this year, said Mrs Pajchima.

The Thai government has blacklisted 56 websites involved with illegal software.

Pol Col Chainarong Charoenchainao, deputy commander and spokesman for the Economic Crime Division, said Thai police last year raided 182 groups with unlicensed software on 4,573 PCs, equal to 448 million baht worth of damage.

Thai companies committed 80% of unlicensed software violations, followed by Japan-based firms at 7%.

Metallic machinery, non-metallic construction machinery, design products and automobiles were the industries using illegal software products the most.

Mrs Pajchima said automobiles and auto parts, food, property and construction will be the top targets this year.

She expects Thailand's software piracy rate to fall to 68% from 70% last year and 80% in 2006.

The knock-on effect for Bangkok's knock-offs
20 Jan 2013

One long-time vendor of counterfeit goods reveals that times have become hard since Lady Gaga's infamous 'Rolex Tweet' last year _ which inspired a short-lived crackdown _ but that continued encouragement of the counterfeit industry by officials who profit from it means that everything is still for sale

Last week, a man came to tell Jasmine, a vendor in the Nana area, that the Department of Special Investigation would be conducting a raid. He took the unusual step of telling her not only to temporarily close down, but to move all of her counterfeit goods back home for two days.


TIMES ARE TOUGH: Shopping for counterfeit watches at the Patpong night market.

While it was another setback in a series dating back to Lady Gaga's visit to Bangkok eight months ago _ when Jasmine was caught in a DSI raid following the furore caused by a message by the singer on Twitter _ this time it was a necessary safety measure. Jasmine said she had recently paid a 400,000 baht bribe to a high-ranking police official in order to receive such early warnings.

Her 20-year business selling high quality copies to predominantly Middle Eastern tourists once brought profits of up to 10 million baht a year. Times are harder now, she said, due to rising demands for bribes, increasing competition and savvier tourists _ but the goods are still available at various shops and markets around town, often sold quite openly.

Spectrum followed Jasmine's story and took a look at where the business of counterfeit goods in Bangkok now stands.

THE TWEET

Jasmine, whose name and some details have been changed to protect her identity, sold knock-off designer bags, handbags, wallets, watches and pens, among other goods. She said she used to net around 10 million baht in her best years _ up to 60,000 baht a day on a good day. Even after paying bribes, overheads and trips to China to make purchases _ it was a lucrative business.

Over two decades she has seen a lot of police rotation in and out of Nana, she said; each new team has had to negotiate new terms with Jasmine.

Those new to the game or unaware of how much their predecessors were making often asked for relatively little, but it never took them long to wise up, she added.

Meanwhile, she said, the shippers and manufacturers in China were generous in offering credit, and because of payments to facilitate shipments, Thai Customs hasn't been a big problem.

Problems for Jasmine _ whose school-learned Arabic has been an invaluable asset in her dealings with Middle Eastern customers _ began at the end of May last year, when Lady Gaga arrived.

"I just landed in Bangkok baby! Ready for 50,000 screaming Thai monsters. I wanna get lost in a lady market and buy fake Rolex."

The tweet caused considerable protest. Confusing Bangkok with Hong Kong's Ladies' Market was not the offensive part; rather, it was the notion that Bangkok has fake watches readily for sale _ which any visit to a touristy night market area will testify to.

It was considered a slight on Thailand, as thousands vented on social media and the Intellectual Property Department made a formal complaint to the US embassy. The DSI and police made several arrests in subsequent weeks, with the names of vendors and photos of confiscated goods released to the media.

Jasmine claims she was never arrested, only held temporarily, and all of the seized items were later returned to her. One Indian vendor had his pirated goods returned but, shocked by his arrest, he sold his inventory and returned to his homeland.

Jasmine had her court case postponed several times, and she said she was asked to pay a 200,000 baht fine to clear the case. When she told them she didn't have the money, a stalemate of a few weeks ensued. Eventually she was asked to pay a 16,000 baht fine, she said, reduced to 8,000 baht because it was a first-time offence.

Of greater aggravation to Jasmine was the tens of millions of baht in police bribes she said she had paid over the years. The aim of the payments had been not only to allow her to operate but also to avoid such unpleasantries.

After the case was cleared by the court, going back to business was more difficult than she'd imagined. She had lost some regular customers during her absence, and rents in the area had gone up. And, she said, the local police had become more demanding in requesting payments.

GOING CLEAN

Her next step, she said, shocked the police. Still furious at the bribes she'd paid that hadn't protected her from the DSI, Jasmine gave away all of her counterfeit goods. She told police they'd received her final pay-off, and she was going into legitimate business.

A buying trip to China landed her new items to sell that weren't high quality forgeries. The police, she said, were flabbergasted, but left her alone. The problem was the income disparity; she was making only a fraction of what she had before, and her past customers had little interest in legitimate goods. It became hard to meet the cost of overheads, wages and rent. Whereas she once operated a large shop and several street stalls, the operation was scaled down considerably. Missing their payments, she said, police came by and suggested she return to her former trade. She could make big profits again, they said, and this time they would protect her from arrest.

She fought the idea for a while, but eventually decided to return to the business, saying she paid a 400,000 baht bribe to a high-ranking police officer to ensure she wasn't bothered again. She thinks it was this payment that most likely saved her from last week's crackdown.

The problem with re-entering the knock-off trade, Jasmine said, was that the landscape had changed. Where previously the police had only allowed three or four big vendors to sell fake high-end bags and watches in her area, now several others have also been allowed to operate. Counterfeit bags, watches, scarves and pens are more readily available than before the crackdown. During the months she had sold legitimate goods, her regular customers disappeared. The word that she was back in business was slow to reach buyers.

Another problem is that there are more frequent flights and more convenient connections from the Middle East to Phuket, Koh Samui and Chiang Mai. Visitors flying from Dubai, Doha or Bahrain are more likely to bypass Bangkok, and sellers in Phuket and other holiday destinations have been quick to meet the growing demand for fake goods.

Also worrying for her is the new breed of customer. The few buyers still coming now have photographs of what they want, along with a set price. They no longer seem willing to bargain; if she doesn't have what they want at the right price they walk out.

Meanwhile, she said, police have been coming regularly, pressuring her to deliver regular pay-offs. For the time being she has been able to hold them off by saying her business is close to bankrupt. Although this is true, she knows she won't be able to ward them off much longer.

When asked for comment, Pol Gen Chiroj Chaichit, an adviser for the Legal Affairs and Litigation Department 1 of the Royal Thai Police, told Spectrum, ''Such accusations have to be looked at on a case by case basis. Often it's the mafia demanding payments rather than police, or of individuals posing as police officers. Similar to accusations by motorcycle taxi drivers that they have to pay police bribes in order to operate, when in fact it is the military mafia, or individuals unrelated to the police. Anyone with specific evidence should make a complaint, but we haven't found concrete evidence of wrongdoing by police in such cases.''

Meanwhile, those dealing in pirated goods stand to face additional obstacles. On Friday, Deputy Commerce Minister Nattawut Saikuar announced that the National Intellectual Property Bureau would set up an operations centre for the suppression of intellectual infringement, which would seek to prosecute pirates.


IMITATION NOT FLATTERING: Clockwise from left, fake Chanel bags and other brands, copied brand name sneakers, pirated Chanel and Prada wallets and ‘Joe Louis’ copycat handbags in Patpong.




CHILL PILLS: Counterfeit goods in the Nana area.

Pirated goods at every turn

Although vendors are extremely sensitive to anyone taking snapshots of counterfeit goods, they are openly sold throughout the capital. What is curious is that some items seem to be allowed to be sold at some markets but not others, so a buyer seeking a specific type of knock-off has to know where to look.

At central shopping centres such as Mahboonkrong (MBK), Fortune Town and Pantip Plaza, copied software, DVDs and CDs are readily available. Quality varies wildly and some software lacks security codes that allow for updates or renewals, but prices are low and the selection is impressive. Counterfeit bags and watches are not on open display, but at MBK some copied designer clothes, such as underwear and dress shirts, are sold. One vendor showed us a legitimate Louis Vuitton catalogue and said that for almost every item a copy was available _ with prices from 1,000 baht _ that he could retrieve from the car park. Such items were kept hidden in cars, he said, to evade police oversight.

Patpong Night Market is a hot spot for fake goods. On Patpong Road and adjacent sections of Silom and Surawong roads a vast number of brand name copies are openly sold. Our clandestine photography attempts were quickly pounced upon by nervous or angry vendors, but there were otherwise no attempts to disguise the nature of what was being sold. Watches included Rolex, Rado, Breitling, Tag Heuer, Casio and other brands _ with prices usually beginning at 1,800 baht and falling to 1,000 baht or less after negotiation. Bags included Prada, Chanel and a Louis Vuitton imitation called Joe Louis. Proper Louis Vuitton copies were available, vendors told us, but had to be retrieved from secret stashes nearby as the police cracked down on these sales. Some famous names are notably absent, so it seems that some brands are more stringent with attempts at enforcing intellectual property laws than others.

The majority of bag vendors we spoke to in the area had moved from Myanmar in recent months, although they said that the owners of the shops and inventory were Chinese-Thai. They said business was good but that police payments had to be made weekly or sometimes daily to ensure that the goods weren't seized. They claimed that many of the bags were shipped in from Korea rather than China.

Pratunam market also sells high-quality knock-offs, more often aimed at bulk purchases by middlemen from west and south Asia and central Africa.

The Nana area of Sukhumvit Road, especially between Sukhumvit Sois 3 to 7, is another zone where knock-offs are frequently sold. Fake Mont Blanc pens and real and repackaged generic sexual enhancement pills are readily available, while counterfeit watches and handbags are harder to find than at Patpong, Buyers here are more likely to be in-the-know tourists than at Patpong, seeking out individual traders they found out about from friends.

As at Patpong, other popular knock-offs on sale included Nike and other trainers, Beats by Dr Dre headphones, sex toys and pharmaceuticals such as Viagra and Valium, and Calvin Klein underwear.

INTELLECTUAL PROPERTY IN THAILAND

Copyright infringement is big business. From digital copies of the latest CDs and DVDs to mass-produced or hand-crafted replicas of designer handbags, watches and accessories _ Thailand has it all. Even pirated Ferraris have been sold here, as the Italian marque found out in 2008.

The Kingdom is a perennial offender on the US Trade Representative (USTR) Office's priority watch list, making the list for the fourth consecutive time last year in the office's ''Special 301 Report''. The USTR praised some progress in Thailand's efforts to battle copyright infringement, while admitting that ''piracy and counterfeiting remain widespread''. Thailand was placed alongside a dozen other serial offenders _ China, Russia, Argentina, Canada, India, Algeria, Chile, Indonesia, Israel, Pakistan, Ukraine and Venezuela _ while a number of areas were singled out as ''notorious markets'', including the Khlong Thom, Saphan Lek and Ban Mor shopping areas; the MBK, Pantip Plaza, Fortune Town and Fashion Island shopping centres; and the commercial districts of Silom and Sukhumvit.

In response to Spectrum's request for comment, the US embassy provided some information on anti-piracy efforts being taken locally.

''For the sake of artists _ whether they be Thai, American, or from anywhere else _ and to encourage creativity and innovation by all, the protection of intellectual property rights is very important to Thailand and the United States,'' said embassy spokesman Walter Braunohler. ''US trade law requires an annual report of all countries in regards to intellectual property rights, and we continue to work with the Thai government at all levels to work on the challenge of protecting these rights.

''If you ride the BTS, you will see our latest collaboration with the Thai Ministry of Commerce. Together, we teamed up with several prominent Thai artists to produce posters for the BTS highlighting the importance to artists of buying real, not fake, products.''

It remains to be seen whether the latest campaign will have an effect. High-ranking officials at the DSI have told Spectrum in the past that they only handle big players in cases of piracy, such as ''factories, storage places, distributors or big retailers where the value of goods seized exceeds 500,000 baht'', and that street stalls and small shops won't be raided, ''as this is the duty of other agencies''.

We asked one artistic director of a luxury leather brand made in Thailand whether he was also affected by piracy.

''Unfortunately,'' he said, ''we are also victims of people who copy models, packaging, even our web texts! Unfortunately all brands struggle here and copyright laws cannot be enforced in any way so it's better to forget about them.''

The Intellectual Property Department has said it is doing its best to control the proliferation of pirated goods in this country. Key to efforts by the DSI and DIP, however, may be cooperation of individuals overseeing street sales in local police districts, for whom such sales remain extremely lucrative.

bangkokpost.com

^

cliff notes ...........

Originally Posted by bangkokpost.com

she paid a 400,000 baht bribe to a high-ranking police officer to ensure she wasn't bothered again.

Doubt he knows cliff notes.

Thailand awaits good news on Priority Watch List removal | MCOT.net



Thailand awaits good news on Priority Watch List removal

By English News | 18 ก.พ. 2556 08:54

BANGKOK, Feb 18 – It is highly possible that the United States will soon upgrade Thailand from the Priority Watch List (PWL) to Watch List (WL) after an initial positive response to the kingdom’s handling of intellectual property piracy and violations, a senior official said.

Patchima Tanasanti, director general of the Intellectual Property (IP) Department, said a Thai delegation visited the US last week to submit data and information on Thailand’s suppression of violations including successive campaigns on the purchase of legal IP products and the House of Representatives’ approval of laws to impose harsher punishment against IP violators.

The US public and private sectors were satisfied with Thailand’s measures on IP violations and initially expressed their willingness to upgrade the country from PWL to WL in its April meeting, she said.

Ms Patchima said Thailand has been on the Priority Watch List for four to five years, even as the government and private sector have successfully collaborated in cracking down on IP violations and piracy.

Each year the Office of the US Trade Representative identifies countries which do not provide "adequate and effective" protection of intellectual property rights, and undertakes annual surveys of foreign countries' intellectual property laws and policies. (MCOT online news)

Thailand tops violators list
2 May 2013

WASHINGTON Thailand has been put at the top of a US list of the world's worst violators of intellectual property for another year.

The annual Special 301 Report by the US Trade Representative (USTR) places Thailand top of the ''priority watch list'' with nine other countries for the seventh consecutive year.

''Ten countries _ Algeria, Argentina, Chile, China, India, Indonesia, Pakistan, Russia, Thailand and Venezuela _ are on the Priority Watch List,'' the report said. The ''USTR will seek to engage intensively with these countries ... during the coming year'' it said.

''The United States is prepared to review that status if Thailand makes significant progress in passing key legislative initiatives.''

It calls for more effective enforcement against widespread piracy and counterfeiting ''and to impose deterrent-level [prison] sentences''.

The US agency says Thailand should end piracy of cable and satellite signals, put a stop to the rapidly growing problem of copyright piracy and trademark counterfeiting on the internet, stop ''camcording'', or recording of motion pictures inside cinemas using video cameras or smartphones, and stop the leaking of test results and marketing plans for pharmaceuticals.

bangkokpost.com