To strengthen Intellectual Property enforcement in Thailand
First weed out "rotten apple" law enforcers (Editorial)

By Jon Fernquest

The Abhisit adminstration is set to get tough on the "bad apples" in law enforcement:


Here are the details:

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EDITORIAL

Dealing with IPR violations

13/02/2009

Police crackdowns on intellectual property rights (IPR) violations have become more of a joke these past several years. Despite the campaigns launched by past governments and their vows to get serious with violators, law enforcement by state agencies continues to be somewhat lacking. The thriving business in counterfeit goods and pirated products, which continues unhindered at various commercial locations in the city and provinces, is testimony to the officials' failure in dealing with the problem.


It is no secret that counterfeit and piracy rackets have been able to continue operating because state authorities lack a serious intention to enforce the law. Allegations are more than widespread that government officials are on the take to turn a blind eye to the illegal business, or are even involved in it themselves. The fact that unscrupulous business operators - from shop owners to pavement vendors - know beforehand about the officials' moves almost every time there is a crackdown, clearly indicates the presence of "rotten apples" among the law enforcers.


It was thus hardly surprising when Deputy Commerce Minister Alongkorn Ponlaboot revealed earlier this week that the government had found at least 41 policemen involved in IPR violations, and that the suspects included non-commissioned officers and generals. Many more corrupt officials were expected to be named soon, he added.

Tuesday's revelation coincided with Commerce Minister Pornthiva Nakasai's planned visit to the United States late next month to resume talks on a free trade agreement. Negotiations between Thailand and the US stalled in 2006, after Parliament was dissolved for an election which was later annulled by the court, and a military coup. Bangkok wants the US to lower its trade barriers on Thai exports, restore some trade privileges and remove the country from its priority watch list of the world's worst offenders on IPR. Washington has repeatedly called on the Thai authorities to strictly enforce the law against violators of its intellectual property rights.


While it is too early to question the government's seriousness in tackling this problem, the timing in releasing the damning information leads one to believe it is aimed more at smoothing the forthcoming talks in Washington, rather than for real law enforcement purposes. The new Democrat-led government will need to admit that the country's track record in dealing with IPR violations has been poor. The Americans know this and so does everyone else, ourselves included. It will need more than a simple public relations stunt such as the periodic mass destruction of counterfeit goods and pirated products, to convince the US and others that Thailand is really serious about the problem.


The deputy minister told reporters he had forwarded the names of the offending policemen to Prime Minister Abhisit Vejjajiva, who chairs the committee on the prevention and suppression of IPR violations. A list of rogue officials in other government agencies will be produced soon. It can only be hoped that the promised action against wrongdoers will not go silent as soon as the Thai-US talks are over. Minister Alongkorn is right in saying the government's discovery of the officials' involvement is just the tip of the iceberg. Now that the buck has been passed to PM Abhisit and Deputy Prime Minister Suthep Thaugsuban who supervises the national police force, it will be the duty of these two top leaders to probe the depths of the problem and clean up the rot within the government.


(Source: Bangkok Post, business, 13/02/2009, op-ed section, EDITORIAL: Dealing with IPR violations, link)

Posted by Jon Fernquest at 06:41 PM | Permalink | Comments (0)