The 4th Industrial Revolution requires strong Intellectual Property Laws: Where does Thailand stand?

Abstract

Strong and fair intellectual property rights legislation is an essential foundation for the 4th Industrial Revolution. It is required to protect the increasingly rapid advances in all areas of technology and science as well as the pursuits of human endeavor. Nevertheless, it is an emotive issue especially in developing countries which seek to balance the need for access to essential products, such as pharmaceutical products, at a cost that consumers can afford and the need to protect intellectual property rights. Key areas of concern are: what intellectual property should be protected; the length of protection; and remedies for violating intellectual property rights. At the same time countries must be allowed to adopt measures necessary to protect public health and nutrition, and to protect the public interest in sectors of vital importance to their socio-economic and technological development. Thailand is party to intellectual property treaties under both the World Intellectual Property Organization and the World Trade Organization. This paper describes the protections afforded under Thailand’s intellectual property laws. The analysis shows that the coverage of the Thai legislation is extensive and robust - protecting the intellectual property rights of Thailand as well as those of the wider world community. What is missing is a rigorous and consistent enforcement regime. It must be acknowledged that the enforcement has improved over the last few years. This has been recognized by the United States Trade Representative who, in December 2017, moved Thailand from the Priority Watchlist to its Watchlist because of Thailand’s engagement on intellectual property issues with the United States and resolved their concerns across a range of intellectual property issues.

Keywords

• TRIPS Agreement
• intellectual property rights
• WIPO
• Thailand legislation