Proposed Tougher IP Laws

6 November 2009

Landlords and retail outlet owners may be penalized for renting venues used to sell counterfeit goods if the government’s draft amendments to the intellectual property laws are passed.

Ministerial regulations will be included in the draft amendments to partition red zones renown for piracy of goods in the provinces of Bangkok, Chiang Mai, Phuket, Surat Thani, Chonburi, Songkhla, Krabi and Prachuap Khiri Khan.

The amendments and the ministerial regulation will be proposed to the National Intellectual Property Policy Committee headed by the Prime Minister Abhisit Vejjajiva on November 27.

The draft amendment states that penalties meted out to violators will be approximately two-thirds of the value of the counterfeit goods. However, penalties will exclude the areas of temple grounds, open markets situated adjacent to roads, and footpath stalls explained Pajchima Tanasanti acting director-general of the Intellectual Property Department.

Intellectual property violators producing or distributing more than 3,000 counterfeit items will be subject to legal proceedings under the Anti-Money Laundering Act and could have their assets confiscated.

A previous draft amendment proposed by the Commerce Ministry to penalize buyers of counterfeit goods was rejected by the Cabinet. Under the proposed amendment, buyers of counterfeit goods such as music, movies, software, and counterfeit goods with fake trademarks were subject to a maximum fine of 1,000 baht.

Decision on Thailand Elite Card

The cabinet will decide on November 17 on the outcome of the state-owned Thailand Privilege Card (TPC), a company which manages and issues the Thailand Elite Card. The TPC has reportedly been experiencing accumulating losses.

The Thailand Elite Card was initiated during the Thaksin Shinawatra administration in 2003 to draw wealthy foreign tourists and business people. The benefits afforded members are for immigration, leisure, and business. Members are provided discounts and preferred treatment at clubs, golf courses, spas, hotels, and medical facilities.

Environmental-Impact Assessment Requirements Expanded

2 November 2009

The types of projects and project specifications that require environmental-impact assessments (EIA) will be expanded, according to the Natural Resources and Environment Ministry.

The notification will come into effect on 29 December, which will affect a range of projects and building developments.

More types of projects will be subject to EIA requirements such as ports and marina construction, as well as liquor and alcohol production facilities.  Further, the notification expands the factors that decide whether a hotel, condominium or other buildings require an EIA.

For hotels or condominiums, the usable area will also be taken into consideration, as opposed to previously, where only the number of rooms was the primary factor to decide whether an EIA assessment is required.

For building projects, the size, purpose and location will be considered, including if the building is for retail or wholesale, an office building or located near waterways or other environmentally sensitive areas. 

For ports and marinas, the capacity, length and port area will be under consideration.