INTELLECTUAL PROPERTY

PHUSADEE ARUNMAS

American intellectual property-rights holders have pressed Thailand to outlaw the bringing of recording devices into theatres with the intent of taping a movie.

The International Intellectual Property Alliance (IIPA) has encouraged Thailand to pass a separate anti-camcording law as countries such as the United States, Japan and Canada have done, according to Siripol Yodmuangcharoen, the Commerce permanent secretary who led a Thai delegation to the US last week.

The anti-camcorder law makes it an offence to take a recording device such as a camcorder or a camera-equipped mobile phone into a cinema with the intent of recording movies.

Hollywood claims to be the most vulnerable to pirate camcording because it typically takes place at the very start of the distribution cycle, undermining economic opportunities of a film throughout its distribution life.

Films typically are recorded in the first few days of their releases, then distributed in digital form worldwide on peer-to-peer file-sharing networks and other online outlets. Optical disc replication labs use the files to create illegal DVDs and other optical discs, then sell the physical copies to bootleg dealers.

However, Mr Siripol said he assured the Americans that Thailand would rely on the framework of the existing copyright law to crack down on such piracy.

Mr Siripol also met with Barbara Weisel, the assistant US Trade Representative (USTR), and he expressed dissatisfaction over Washington's decision to keep Thailand on its priority watch list (PWL). Thailand has been placed on the PWL for a number of years, which means that some exports to the US could face higher tariffs.

In the USTR's National Trade Estimate 2008 report, released in April, the US says Thailand still lacks sustained and co-ordinated enforcement of intellectual property rights, while import tariffs remain high, restricting market access.

The report focused mainly on the protection of intellectual property rights, saying counterfeiting and piracy continue to be rampant.

American industries are estimated to have suffered more than US$308.5 million (9.7 billion baht) in lost trade in Thailand in 2006 due to the infringements.

The US also remains dissatisfied with Thailand's compulsory licensing on certain drugs, saying it still lacks transparency.

By Bangkok Post On 17 June 2008

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