5 November 2012 PERMANENT MISSION OF THAILAND TO THE WTO 1 Intellectual Property and Development: Thailand’s Experience

5 November 2012

PERMANENT MISSION OF THAILAND TO THE WTO

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Intellectual Property and Development:

Thailand’s Experience

I. National Policy on IP and Development

II. Implementation

III. ASEAN Cooperation on IP

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Intellectual Property and Development

Constitution of the Kingdom of Thailand

The 11th National Economic and SocialDevelopment Plan (2012-2016)

Government Policy

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Part I. National Policy on

IP and Development

Constitution of the Kingdom of Thailand

Part 9: Science, Intellectual Property, and Energy Policy

“ Section 86 : The state shall implement the Sci ence, Intellectual Property and Energy Policy a

s follows:

(2) The state shall promote invention or inn ovation, preserve and develop folk wisdo

ms , and protect intellectual property.”

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The 11th National Economic and SocialDevelopment Plan(2012-2016)

5.3.3 Develop an intellectual property management system. Promote registration, utilization and protection of intellectual property rights in order to encourage research, innovation, creativity and local insight that benefit commercial applications to help drive the economy.

1) Create awareness in all sectors, particularly in businesses, of the importance of intellectual property such as patents, trademarks and copyrights. This is vital to create value added, support business growth and raise the standard of products and services.

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Chapter 6: Strategy for Restructuring the Economy toward Quality Growth and Sustainability

The 11th National Economic and SocialDevelopment Plan(2012-2016)

5.3.3 Develop an intellectual property management system.

2) Improve legal measures, protection mechanisms and law enforcement governing intellectual property to eliminate intellectual property violations and support fair sharing of profits. Administration systems of patent and copyright should be developed.

3) Streamline and accelerate the process of registration in order to facilitate owners of research work, innovations, local wisdom and creativity to acquire intellectual property rights and be able to respond to market demand in a timely manner.

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Chapter 6: Strategy for Restructuring the Economy toward Quality Growth and Sustainability

Government Policy

3.3.4 Marketing, Trade and Investment(1) Promote a policy of free and fair competition to prevent monopolization of markets; promote and support the role of public and private organizations working on consumer protection; improve legislation and other measures to ensure fair treatment of consumers; and, assure private entrepreneurs of the protection of intellectual property rights of Thai products overseas.

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3. Economic Policy

Legal Framework > IP Laws

Implementing Organization > DIP

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Part II.

Implementation

IP Laws

Patent Act B.E. 2522 (1979) as amended by

the Patent Act (No.2) B.E. 2535 (1992) and

the Patent Act (No. 3) B.E. 2542 (1999)Trademark Act B.E. 2534 (1991) as

amended by the Trademark Act (No. 2) B.E.

2543 (2000)Copyright Act B.E. 2537 (1994)

Protection of Layout-Designs of Integrated Circuits Act B.E. 2543

(2000)Trade Secret Act B.E.2545 (2002)

Geographical Indication Protection Act

B.E. 2546 (2003)

Plant Varieties Protection Act

B.E. 2545 (2002)

Traditional Medicine and

Practice Act B.E. 2542 (1999)

Department of Intellectual Property

Ministry of Public Health

Ministry of Agriculture

Optical Disc Production Act B.E. 2548 (2005)

Amending

Amending

Amending

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DIP > Functions /Responsibilities

Protection of intellectual property by registration of patent, design, integrated circuits, trademark, geographical indication and recordation of copyright and trade secret.

Suppression of intellectual property infringements.

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DIP > Functions /Responsibilities Developing the international

cooperation of intellectual property. Promoting activities leading to the

creation, management and commercial exploitation of intellectual property.

Conducting reform and revision of legislation related to the protection of intellectual property.

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Strategic Plan of DIP Achieving Excellency in Intellectual

Property Protection Providing protection of IP rights both

domestically and in foreign countries and

promoting knowledge related to IP as well

as the

creation and commercial exploitation of IP

Vision

Mission

Strategies 1. Developing system of protection of IP

rights at domestic and

international levels and formulating

measures for the prevention

of infringement of IP

2. Developing IP management systems

through promoting

IP- related knowledge and encouraging

creations, IP-networking

and commercial exploitation of IP

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ASEAN Working Group on Intellectual Property Cooperation (AWGIPC)

ASEAN IPR Action Plan 2011-2015(

20 20http://www.aseansec.org/documents/ASEAN% IPR% Acti-20 2020112015on% Plan% .pdf

)

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Part III. ASEAN

Cooperation on IP

ASEAN Working Group on Intellectual Property Cooperation (AWGIPC)

AWGIPC was established in 1996 pursuant to the ASEAN Framework Agreement on Intellectual Property Cooperation

AWGIPC is mandated to develop, coordinate, and implement all IP-related regional programs and activities in ASEAN

ASEAN IPR Action Plan 2011-2015 Designed to meet the goals of the

ASEAN Economic Community (AEC) by transforming ASEAN into an innovative and competitive region

Formulated five strategic goals.

ASEAN IPR Action Plan 2011-2015• Strategic Goal 1

Foster a balanced IP system that takes into account the varying levels of development of AMSs and differences in institutional capacity of national IP Offices so as to enable them to deliver timely, high-quality, and accessible IP services, thus promoting the region as being friendly to the needs of users and creators of IP

ASEAN IPR Action Plan 2011-2015

• Strategic Goal 2

Advocate the development of national or regional legal and policy infrastructures to address emerging demands of the national, regional, and global IP systems; and participate in international IP systems at the appropriate time.


Advance the interests of the region

(a) by promoting IP awareness, creation, and utilization to ensure that IP becomes a tool for development;

(b) by providing support for the transfer of technology to promote access to knowledge; and

(c) by preserving and protecting indigenous products and services and the works of their creative peoples in the region.


Ensure regional participation in the international IP community, maintain relationships with dialogue partners and institutions to develop capacity of Member States, and address the needs of stakeholders in the region.


Intensify cooperation among AMSs, and increase the level of collaboration among themselves to enhance human and institutional capacity of IP Offices in the region.

ASEAN IPR Action Plan 2011-2015

AreasCountry

Champion(s)Patent Administration Malaysia

Trademark Administration Philippines, Brunei

Industrial Design AdministrationVietnam,

Philippines

Copyright and Creative Thailand

Patent InformationPhilippines, Cambodia

TK, TCE, GR Indonesia

Geographic Indication Thailand, Vietnam

Innovation, Technology Transfer, IP Commercialization

ASEAN Secretariat

Office Modernization, Automation, Quality Management

Philippines, Vietnam

Plant Variety Protection Vietnam

IP Awareness and Marketing ASEAN Secretariat

IP Education Thailand

IP Enforcement Philippines

Thank You Department of Intellectual Propertywww.ipthailand.orgASEAN Secretariatwww.aseansec.org

Thank You

Documents

5 November 2012 PERMANENT MISSION OF THAILAND TO THE WTO 1 Intellectual Property and Development: Thailand’s Experience