E-DRUG: Thailand on Priority Watch List because of use of TRIPs flexibilities
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[It is disturbing to find essential medicines still being considered in this report along with entertainment products and other commodities. Public health was (re)enshrined and accepted as a right at Doha and Thailand has acted completely within the provisions as explained clearly on this forum. BS)
Cited from, 2007 Special 301 Report
Countries on the Priority Watch List do not provide an
adequate level of IPR protection or enforcement, or
market access for persons relying on intellectual
property protection. In addition to China and Russia,
10 countries are on the PWL in this years report:
Argentina, Chile, Egypt, India, Israel, Lebanon,
Thailand, Turkey, Ukraine, and Venezuela. In
announcing the elevation of Thailand to the Priority
Watch List, the report cites a range of intellectual
property concerns, including deteriorating protection
for patents and copyrights. Priority Watch List
countries will be the subject of particularly intense
engagement through bilateral discussion during the
coming year.
2007 Special 301 Report
THAILAND
Thailand will be elevated to the Priority Watch List
in 2007, reflecting a concern that the past
year has been characterized by an overall
deterioration in the protection and enforcement of IPR
in Thailand.
The United States appreciates that many
Thai law enforcement officials continue to
work, amid challenging circumstances, to conduct
actions against infringing activity. However,
these efforts appear not to have had a measurable
effect on piracy and counterfeiting rates, which
remain unacceptably high. The weak nature of
Thailands legislation governing optical disc
media constitutes a particular challenge in addressing
the large scale of pirated disc production.
Book piracy, cable and signal theft, and entertainment
and business software piracy have
likewise not been addressed in a meaningful way.
Production and distribution of infringing
copies of trademarked products, such as apparel and
footwear, also remain widespread. With
respect to all of these areas, insufficiently
deterrent legal penalties contribute to ongoing
infringement problems. In addition to these
longstanding concerns with deficient IPR protection
in Thailand, in late 2006 and early 2007, there were
further indications of a weakening of respect
for patents, as the Thai Government announced
decisions to issue compulsory licenses for
several patented pharmaceutical products.
While the United States acknowledges a countrys
ability to issue such licenses in accordance with WTO
rules, the lack of transparency and due
process exhibited in Thailand represents a serious
concern. These actions have compounded
previously expressed concerns such as delay in the
granting of patents and weak protection
against unfair commercial use for data generated to
obtain marketing approval.
Kannikar KIJTIWATCHAKUL (Kar)
Mobile 66-85-0708954
kakablue@yahoo.com