Important note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.
Bangkok Post - April 28, 2008
The US over the weekend escalated the rhetoric by naming Thailand as one of the world's nine worst IP pirates; the Thai government had hoped that goodwill and progress might reduce the threat of trade sanctions and bring a less confrontational stance from the American side. What happened is simple enough: the annual report of the US Trade Representative placed Thailand among the world's top IP violators. It even listed several Bangkok malls where pirated movies, music and computer software are sold.
But more controversially, it lumped in with the obvious IP pirates the recent decisions by the Public Health Ministry to grant compulsory licensing (CL) for a number of drugs used to treat heart disease, cancer and HIV, among the top causes of premature deaths among Thais. This should bring pause to people in Thailand, since drug licensing is specifically legal in a way that open sales of songs and movies are not.
The good news is that the threat of trade sanctions over alleged Thai IP violations is unlikely to occur any time soon. The US report said specifically that Washington "hopes to work constructively" with Thailand on the many disagreements. Thai-US talks, almost always friendly and understanding, actually will take place today at Government House.
Senior US officials from the Trade Representative's office are in Bangkok, and will meet officials from the Intellectual Property Department of the Commerce Ministry. Talks at the ministerial level are set for June.
It is difficult to see just how the two sides can reconcile their differences. The Americans have been clear that they only want to talk to the Thai side "in order to strengthen Thailand's IPR regime". The Thai side - and there is enormous backing within this country - is equally adamant that the country will decide on licensing medicine patents under international law.
The government should take a strong, unalterable stance on this vital issue. Medical patents and compulsory licensing involve the lives of Thai citizens. While all nations must adhere to basic standards, it is impossible that any single law can meet the requirements of all countries, all the time. The government has to tread a sometimes fine line between living by global standards and international agreements, while also taking necessary action to protect the well-being of 64 million Thais. If there is a collision of these dual responsibilities, the duty of the government is a no-brainer: Care of Thais comes before patent law. The US government would do no less for its own citizens.
In many ways, the US government has escalated its imagined dispute with Thailand far out of proportion. There is little disagreement between the two countries over IP enforcement. Thai artists and authors have lost far more to the mall pirates than their US counterparts, while Thai businesses and inventors need IP protection abroad. Some of the piracy operations in Thailand are clearly a disgrace to the country. But the US should not expect Thailand to abandon its equally important rights to occasionally bypass IP regulations to improve the health and welfare of all Thai citizens.
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