S&I International Bangkok Office Company Ltd. IP News No. 150, October Editorial

Transcription

1 S&I International Bangkok Office Company Ltd. IP News No. 150, October 2017 Editorial The Department of IP Thailand has continuously modernized intellectual property laws and regulations to facilitate the applicants and to keep up with international standards. We have kept an eye on proposed significant changes in Industrial design law and examination practice in Thailand as the public hearing is organized by submitting opinions or comments via during October 18, November 10, Proposed key amendments are as follows: Changing procedure of fee payment from paying in each process (filing fee, publication fee and grant fee) to combining filing, fee publication fee and grant fee to be one-time payment by paying when filing the application. Changing procedure from publication before substantive examination of novelty using both Thai database and international database to publication after substantive examination using database in Thailand only. After registration, any person or patentee could request for novelty examination from Thai database or international database including other information for worldwide novelty according to the law. If the design product is new, the Department of Intellectual property will certify novelty. Otherwise, it will be revoked. Adding regulation for joining Geneva Act 1999 under Hague Agreement regarding international registration of industrial design As Intellectual property protection is a major element of Thailand 4.0, it s time to amend the industrial design law to be modernized, more convenient, faster and efficient procedure in order to support design industry and level of economy development as whole. Apapan Seeherunwong Patent Attorney 1. Prayut orders creation of R&D office (From Bangkok Post, Thailand, September 21, 2017) Bangkok A national research and innovation office will be established soon to handle the country s R&D. Three existing agencies the NRCT, the National Science and Technology

2 and Innovation Policy Office, and the Thailand Research Fund will be unified into the new office. Deputy Prime Minister Prajin Juntong said a specific office to supervise and drive R&D should be established. Two draft bills are waiting for the cabinet approval one is for national research and innovation and the other is for promotion of R&D for commercial purposes and funding. 2. Government to support medical R&D (From Bangkok Post, Thailand, September 26, 2017) Bangkok The Commerce Ministry plans to promote the shipment of Thai medical equipment as global demand is growing substantially. The government aims for export growth of 20-25% a year. The targeted figure accounts for only 1.3% of the global medical market value of 36.6 trillion baht. The Innovation Driven Enterprise Centre (IDE) is expected to analyze market supply and demand to provide insights to Thai medical firms to guide innovation. Mr. Veravej Ornthanalai, consultant for the project, said there are many new innovations but they are not brought to market. 3. Intellectual property protection a key element of Thailand 4.0 (From The Nation, Thailand, October 2, 2017) Bangkok Mr. Thosapone Dansuputra, director general of the Department of Intellectual Property, said the department see a role for itself promoting innovation through offering increased knowledge sharing and more convenient services. The Intellectual Property Innovation Driven Enterprise Centre (IP IDE Centre) had been advising over 1,000 small and medium-sized enterprises (SMEs). The centre has shared patent information with SMEs and will host Knowledge sessions in Bangkok and the provinces to share local and global trends. The department has modernized IP laws and regulations to facilitate applicants. But it should correspond to a country s level of economic development, Mr. Thosapone said. 4. IP rights boost Internet economy (From China Daily, Asia Week, October 2-8, 2017) China China Internet Network Information Center reported China having about 731 million Internet users and its online piracy has grown with the industry too. Data from iresearch Consulting Group shows that in 2015 and 2016, piracy caused losses of 7.97 billion yuan and 7.98 billion respectively to the online literature sector. Since 2005, the government has launched campaigns to increase awareness of IP protection with more

3 comprehensive laws. This year, the Global Music Report said the digital music sector markedly increased in scale to 15 billion yuan. Better IP rights protection has boosted all related sectors and help China to become a stronger Internet economy. 5. Caution urged on privileges for EEC (From The Nation, Thailand, October 3, 2017) Bangkok The Thailand Development Research Institute (TDRI) has warned the government about providing too many privileges for investors in the Eastern Economic Corridor (EEC) development and urged them to adjust plans to better enhance the country s industrial competitiveness. Ms. Saowaruj Rattanakhamfu said investors would benefit not only from large tax breaks, but also receive non-tax benefits such as the right to lease land for 99 years, use foreign currency within EEC and fast-tracked Environmental Impact Assessment (EIA) reports. Tax benefits had caused Thailand to lose tax profits valued at up to Bt220 billion in 2016, it is costly and not so effective, she added. 6. New trade competition law lacks teeth (From Bangkok Post, Thailand, October 14, 2017) Bangkok The Trade Competition Act (TCA) or antitrust law came into force with many believe will help close loopholes that made the 1999 version weak and ineffective. The act establishes the office of Trade Competition Commission (OTCC) as an independent body, with its own budget, and staff, to support the work of the full-time seven-member Competition Commission. Suphawatchara Malanond, Law Faculty, Prince of Songla University, said the revised TCA still lacks provisions that will improve law enforcement and it should ensure the competition process, thus guaranteeing a level playing field for SMEs and start-ups, helping them to compete with business giants. Obstacles or barriers must be eradicated so they can enter the market. 7. Kobe steel, Nissan scandals tarnish image of Japan Inc (From Agence France-Presse, October 16, 2017) Tokyo Scandals at Kobe Steel and Nissan have tarnished the reputation of Japan Inc for quality. Kobe Steel admitted the firm had falsified quality data in products shipped to about 500 clients, including carmaker Toyota, aircraft manufacturers and defence contractors. After Kobe s news, Nissan recalled more than one million vehicles in Japan after admitting that staff without proper authorization conducted final vehicle inspections. Koji Morioka,

4 professor emeritus at Kansai University, said due to globalization and companies are expanding local production. Jobs are being outsourced and factories are sent overseas, things have changed, he added. 8. Korea to ease bioethics law to boost gene therapy R&D (From The Nation, Thailand, October 17, 2017) Seoul South Korea is pushing to ease its biothics law to allow local scientists and academics to research and develop a wider variety of gene therapies as the country seeks to boost the fast-growing biotechnology sector. The act restricts gene therapy research to only those related to genetic diseases, cancer, AIDS and diseases without a viable treatment option. Korean scientists have long cited difficulties in pursuing gene therapy research due to bioethics regulations that are considered more conservative compared to those of other countries including the US, Japan and China. 9. Japanese firms stay bullish on Thailand (From Bangkok Post, Thailand, October 19, 2017) Bangkok A survey by the Japan External Trade Organization (Jetro) found Japanese companies remain upbeat about investment in Thailand. But there were concerns over a shortage of skilled labor and investment policies in the Eastern Economic Corridor. The major factor is good infrastructure compared with other Asean countries, particularly for basic needs such as power and water supply, Mr. Hiroki Mitsumata, Jetro president said. Japan is Thailand s top investor, with 79.6 billion baht approved by the Board of Investment in China ranked second with total investment of 53.7 billion baht, while the EU ranked third at 38.7 billion. 10. Make 4.0 technologies hook for VN s FDI (From Viet Nam News, Asia News Network, October 20, 2017) Hanoi Vietnam needs to review the policies of attracting FDI towards ensuring economic, social and environmental sustainability. Industry 4.0 should also be taken to attract FDI, Dang Huan Quang, deputy director of the Vietnam Foreign Investment Agency, said at the event held by website nhadautu.vn. Foreign Investment was issued in 1987 and FDI has become an important part of the Vietnamese economy but it has brought with problems such as environmental pollution, outdated technologies, transfer pricing and below-expectation

5 transfers of technology. FDI sector contributed 50 per cent to Vietnam s industrial production and 18.6 per cent to the state budget collection.