Plan to invoke Article 44 for decision on cannabis patents

[webfact]

Plan to invoke Article 44 for decision on cannabis patents

By The Nation

 

 

THE JUNTA is planning to use the extraordinary powers of Article 44 to introduce a solution to the cannabis-related patent problems.

 

“We are in the process of drafting the order issued under Article 44,” Prime Minister Prayut Chan-o-cha said yesterday about efforts to tackle patent issues. 

 

The Article gives overwhelming power to General Prayut as chief of the National Council for Peace and Order. 

 

In recent weeks, several non-governmental organisations have questioned if several government figures have been pushing hard for the legalisation of medical marijuana in the hope of giving a monopoly to some firms.

 

The National Legislative Assembly (NLA) began deliberating the bill that seeks to legalise marijuana for research and medical purposes last week.

 

The patent uproar has been growing ever since activists and medical researchers noticed that all of the cannabis-related patent applications in the Intellectual Property Department’s system were filed by foreigners. 

 

Prayut said yesterday that the NCPO had already discussed patent issues at its meeting. 

 

“We will proceed carefully in solving these problems,” he said. “We will ensure that our solution to the patent uproar will not trigger any other problems.” 

 

He added that the solution would definitely not run against international laws. 

 

In Thailand, cannabis is illegal, with possession and use of the plant punishable by a jail term. 

 

However, efforts to legalise medical marijuana have gained momentum in the country in recent months after Deputy Prime Minister and Justice Minister ACM Prajin Juntong nudged relevant authorities to consider various channels for its legalisation. 

 

At one point, he even considered the invocation of Article 44 as an option. 

 

International research has discovered medical benefits from cannabinoids, including treatment of Parkinson’s, Alzheimer’s, cancer, seizures and loss of appetite.

 

Source: http://www.nationmultimedia.com/detail/national/30359340

 

-- © Copyright The Nation 2018-11-27

[webfact]

Junta ponders executive decree to resolve marijuana deadlock

 

 

The National Council for Peace and Order is mulling invoking Article 44 of the interim Constitution to resolve the problem over marijuana patents, said Prime Minister Prayut Chan-o-cha in his capacity as the council chairman.

 

However, said that the junta had to approach the problem with caution and would have to take into consideration international laws, noting that marijuana is not only available in Thailand but in many other countries around the world.

 

“Resolving the problem must not lead to another problem as that will affect the government.  Regarding the use of Article 44, we are in the process of working out details,” said the prime minister.

 

Full story: https://www.thaipbsworld.com/junta-ponders-executive-decree-to-resolve-marijuana-deadlock/

 

-- © Copyright Thai PBS 2018-11-27

[Thailand]

Article 44, we all know who benefits from that one.

[YetAnother]

2 hours ago, webfact said:

The patent uproar has been growing ever since activists and medical researchers noticed that all of the cannabis-related patent applications in the Intellectual Property Department’s system were filed by foreigners. 

the foreigners are smarter, and the local mechanisms need to be set aside in favor of nationalism via 44, at least that is their thinking

[Krataiboy]

At last, a plan to use Article 44 for a worthwhile purpose - while at the same time, coincidentally, burnishing the PM's pre-election image.

[CLW]

I am against these patents but won't they got a problem with international intellectually property rights if they go this way with Art. 44?

[DrTuner]

44 the weed, it wants to be free! For once I'd approve using the full powwah of the usurpers.

[happy chappie]

2 hours ago, CLW said:

I am against these patents but won't they got a problem with international intellectually property rights if they go this way with Art. 44?

Maybe they could patent article 44 and use it internationally.

[candide]

Art. 44 for weed.... there is definitely big money behind.

[IAMHERE]

These plants will cross pollinate with others and then your marijuana will be considered 'theft' of intellectual property. Eventually all marijuana grown in Thailand will be infected with these MGO marijuana plants. Monsanto or some company will cause a lot of problems over this issue. 

You gonna give out patents then make laws they have to be grown so as to not cross pollinate other plants, it is the patentee problem, not the groweres problem. 

[CLW]

These plants will cross pollinate with others and then your marijuana will be considered 'theft' of intellectual property. Eventually all marijuana grown in Thailand will be infected with these MGO marijuana plants. Monsanto or some company will cause a lot of problems over this issue. 
You gonna give out patents then make laws they have to be grown so as to not cross pollinate other plants, it is the patentee problem, not the groweres problem. 

From guessing I would say that with a few exceptions the most cannabis varieties are not yet registered as a patented variety. The might have different names but these are just given from the breeders.
Registering a new variety is a time and money consuming process that the most seedbanks and recreational cannabis seed producers not have.
To my knowledge at the moment there are only a few industrial cannabis varieties registered that are used for oil and fiber.
And no GMO, if you meant that.

[SABloke]

3 hours ago, Krataiboy said:

At last, a plan to use Article 44 for a worthwhile purpose - while at the same time, coincidentally, burnishing the PM's pre-election image.

Worthwhile purpose? It seems they want to use Art.44 to prevent patents falling into foreign hands. It's got nothing to do with speeding up legalization. 

[yellowboat]

What other patents are they going to 44 ?  Giggle smoke seems to be the junta's prize project, but if they start axing patents before due process is  used, it will tarnish the countries image again.

[Snow Leopard]

What is the patent for. I am assuming it is the process of removing the THC from the plant to make it a medical grade or something like that? 

[CLW]

What is the patent for. I am assuming it is the process of removing the THC from the plant to make it a medical grade or something like that? 

Probably.
I'm not a lawyer but how you can patent the process as a whole?
For example alcoholic fermentation and destillation. Can I patent this?
I might patent some very specific claims such as ice filtered or ripened in oak barrels but that's all.

[tingtong]

article 44? 

someone has been smoking their cannabis already!

[Snow Leopard]

51 minutes ago, CLW said:

Probably.
I'm not a lawyer but how you can patent the process as a whole?
For example alcoholic fermentation and destillation. Can I patent this?
I might patent some very specific claims such as ice filtered or ripened in oak barrels but that's all.

I think you can IP a process.

[zzaa09]

12 hours ago, Thailand said:

Article 44, we all know who benefits from that one.

Hope springs eternal for a banishment of Article 44.

[Krataiboy]

2 hours ago, SABloke said:

Worthwhile purpose? It seems they want to use Art.44 to prevent patents falling into foreign hands. It's got nothing to do with speeding up legalization. 

Isn't the underlying motive to ensure Thai companies lining up for patents are given a head start over foreign rivals.  Otherwise, what is the point of using Article 44?

[DrTuner]

22 minutes ago, zzaa09 said:

Hope springs eternal for a banishment of Article 44.

The only way Thais are going to get rid of 44 is if P 44's it. Lets hope he gets really drunk one night and makes a mistake.

[zzaa09]

4 minutes ago, DrTuner said:

The only way Thais are going to get rid of 44 is if P 44's it. Lets hope he gets really drunk one night and makes a mistake.

He's just a puppet and frontman, in reality....

Most of this has little to do with him as an individual - 

 

 

He's a good soldier and enacts what he's been ordered to do.

[HerbalEd]

8 hours ago, IAMHERE said:

These plants will cross pollinate with others and then your marijuana will be considered 'theft' of intellectual property. Eventually all marijuana grown in Thailand will be infected with these MGO marijuana plants. Monsanto or some company will cause a lot of problems over this issue. 

You gonna give out patents then make laws they have to be grown so as to not cross pollinate other plants, it is the patentee problem, not the groweres problem. 

You obviously know little about Cannabis agriculture. American pot growers have for many decades grow un-pollinated Cannabis plants in order to create a larger and higher-quality yield of Cannabis flowers.

[Hank Gunn]

This will do wonders for FDI (foreign direct investment) and spurring the Thai economy. ????

[geronimo]

Wish he'd wave that 44 wand and make it recreational ....