Presentation on theme: "5 November 2012 PERMANENT MISSION OF THAILAND TO THE WTO 1 Intellectual Property and Development: Thailand’s Experience."— Presentation transcript:
5 November 2012 PERMANENT MISSION OF THAILAND TO THE WTO 1 Intellectual Property and Development: Thailand’s Experience
I.National Policy on IP and Development II.Implementation III. ASEAN Cooperation on IP 2 Intellectual Property and Development
Constitution of the Kingdom of Thailand The 11 th National Economic and Social Development Plan (2012- 2016) Government Policy 3 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 Science, Intellectual Property and Energy Policy as follows: (2) The state shall promote invention or innovation, preserve and develop folk wisdoms, and protect intellectual property.” 4
The 11 th National Economic and Social Development 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. 5 Chapter 6: Strategy for Restructuring the Economy toward Quality Growth and Sustainability
The 11 th National Economic and Social Development 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. 6 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. 7 3. Economic Policy
Legal Framework > IP Laws Implementing Organization > DIP 8 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 9
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. 10
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. 11
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 Missio n 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 12
ASEAN Working Group on Intellectual Property Cooperation (AWGIPC) ASEAN IPR Action Plan 2011- 2015 (http://www.aseansec.org/documents/ASEAN%20IP R%20Action%20Plan%202011-2015.pdf)http://www.aseansec.org/documents/ASEAN%20IP R%20Action%20Plan%202011-2015.pdf 13 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.
ASEAN IPR Action Plan 2011-2015 Strategic Goal 3 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.
ASEAN IPR Action Plan 2011-2015 Strategic Goal 4 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.
ASEAN IPR Action Plan 2011-2015 Strategic Goal 5 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 AdministrationMalaysia Trademark AdministrationPhilippines, Brunei Industrial Design AdministrationVietnam, Philippines Copyright and CreativeThailand Patent InformationPhilippines, Cambodia TK, TCE, GRIndonesia Geographic IndicationThailand, Vietnam Innovation, Technology Transfer, IP CommercializationASEAN Secretariat Office Modernization, Automation, Quality ManagementPhilippines, Vietnam Plant Variety ProtectionVietnam IP Awareness and MarketingASEAN Secretariat IP EducationThailand IP EnforcementPhilippines
Thank You Department of Intellectual Property www.ipthailand.org ASEAN Secretariat www.aseansec.org Thank You