The 4th Industrial Revolution Requires Strong Intellectual Property Laws: Where does Thailand Stand?

Abstract

Strong and fair intellectual property rights legislation is an essential foundation for the 4th industrial revolution. It is required to protect the increasingly rapid advances in all areas of technology and science as well as the pursuits of human endeavor. At the same time, countries must be allowed to adopt measures necessary to protect public health and nutrition and the public interest in sectors of vital importance to the socio-economic and technological development. Thailand is covered with the intellectual property treaties under both the World Intellectual Property Organization and the World Trade Organization. This paper describes the protections afforded under Thailand’s intellectual property laws. The analysis shows that the coverage of the Thai legislation is extensive and fairly robust-protecting the intellectual property rights of Thailand as well as those of the wider world community. However, there are some shortcomings. Copyright protections still do not fully protect performer’s rights. It has been argued also that the protection of the rights of breeders of new plant varieties should be enhanced and fashion designs specifically protected. Copyright violations are by far the major infringement of intellectual property right laws. This requires a rigorous and consistent enforcement regime. It must be acknowledged that the enforcement has improved over the last few years. This has been recognized by the United States Trade representatives who, in December 2017, moved Thailand from the priority Watchlist to its Watchlist because the country is able to resolve issues in and engage on intellectual property issues with the United States.