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Enforce The Law And Stamp Out Illegal Copying: Thai Opinion


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EDITORIAL

Enforce the law and stamp out illegal copying

By The Nation

Thailand continues to embarrass itself as a world centre for copyright piracy and counterfeit goods

The recent raids by the Department of Special Investigations on Bangkok shopping malls selling counterfeit products over the past few months has confirmed a disappointing fact: violation of intellectual property rights (IPR) is still rampant in the capital city.

Last Monday, Commerce Ministry officials and members of the entertainment industry witnessed the destruction of 1,200,000 copied items worth Bt3 billion following Thai court rulings concerning IPR violation cases. The pirated items destroyed included designer handbags, watches, glasses, brand-name clothes, leatherwear and CDs and DVDs.

Prior to that event, there was a high-profile crackdown on fake goods at Platinum Fashion Mall in the Pratunam area, Bangkok's foremost garment wholesale centre, where the DSI arrested retailers and seized 5,000 articles of clothing and other evidence. In this case, it was found that the seized items were counterfeits of very popular Thai brand-name clothes. This means that counterfeiters today are copying not just imported designer items but locally made products as well. This is something new and it is sad for the Thai fashion world, as well as for foreign labels and brands.

What's sadder still is that Thailand has once again been relegated to another year on the United States' Priority Watch List for insufficient enforcement or protection of intellectual property rights.

The listing, for the fourth successive year, by the Office of the United States Trade Representative (USTR) is due to the absence, or lack of enforcement, of laws in Thailand. This includes the absence of laws governing the use of camcorders in cinemas, and the high rate of piracy and counterfeiting on digital media and the Internet. The negative position on the Priority Watch List will make it difficult for Thailand to gain tax privileges under the United States' Generalised System of Privileges.

Twelve countries - China, Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Israel, Pakistan, Thailand and Venezuela - are currently on the Priority Watch List. The Thai government is hoping that the United States will review Thailand's status, moving it from being on the Priority Watch List to being on the slightly less severe Watch List.

But that will not be an easy task. Counterfeiting puts a nasty dent in Thailand's international image. It is a serious impediment to the development of the kingdom's creative economy as well. What Thailand needs to do is to take urgent, persistent and tougher action against IPR violations. But none of this will work without a stronger enforcement of law and order.

If law enforcement doesn't keep pace with the extent of IPR violations, the problem will simply evolve and worsen. Last year, there were 4,851 IPR cases filed. This year, we now know that illegal copying is ruining our very own fashion products. And local designers are taking a lead role in getting their act together to stamp out IPR fraud in the local fashion industry.

The Bangkok Fashion Society (BFS), currently consisting of 17 Thai clothing brands, has for years been pushing the message "Think Global, Dress Local". The campaign seeks to promote local design and craftsmanship by encouraging artists and artisans to produce more original and better quality clothing - and indeed the world has taken notice of late.

But the retailers arrested in the Pratunam crackdown have been found to be VIP customers of these brands. They like the clothes so much they decided to copy them.

To tackle the counterfeiting issue, BFS president Mollika Ruengkrittiya has come up with a new campaign called "Stop Fakes, Wear Originals Now!" Members of the BFS protect their own IPR by registering the copyright on their fabric patterns, then cataloguing everything, and ultimately taking legal action against counterfeiters.

It's believed that a great part of the problem lies in the attitude among young people. Many think it's alright to buy and wear fakes because they are affordable. But copying products simply corrupts the creator's initial idea.

The Education Ministry's recent introduction of a course on IPR knowledge in every public school is not a bad idea. But to stimulate greater awareness, that's not enough. What really matters is the stepping up of law enforcement. The police must take the issue of IPR violation more seriously by launching crackdowns on counterfeiting perpetrators every day, not just once in a while. Counterfeiting must not be only condemned, but uprooted from our society.

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-- The Nation 2011-08-30

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Enforce the law and stamp out illegal copying

If the Nation is going to get on its high horse and write opinion columns about enforcing the law then I reckon illegal copying should be waaaaaaaaay down the list.

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"It's believed that a great part of the problem lies in the attitude among young people. Many think it's alright to buy and wear fakes because they are affordable. But copying products simply corrupts the creator's initial idea."

Yes! The creator's initial idea was to profit in most cases - unless the 'creator' has publicly stated that counterfeiting is to be condoned (copying is the greatest form of flattery?). I wonder what, exactly, the above quote was referring to with the "simply corrupts the creator's initial idea."

A bad copy of anything certainly corrupts the initial idea. Watch a really unwatchable bootlegged video and tell me that's what the creators' of the video intended. Tori Amos, arguably more of an artist than a profiteer, once stated that she didn't mind the bootlegs so much but was concerned that her fans would get corrupted versions her work (paraphrasing).

And it's not just the young people who feel justified in perpetuating unauthorized copies either. In my experience, it spans generations. I hear the self-serving justifications for downloading copyrighted material and Thank Buddha (or whomever) I don't need anything that badly. It's not worth my time and most of the really useful material (to me, anyway), is in the public domain. If I want something, I'll give the creator his or her due and pay for it.

My son, even though he has the wherewithal to pay, will not - if he can steal it (and I believe he usually can and does). It's a matter of warped principles with him, or, in my opinion, the absence of principles. Or maybe it's just that he's a Klepto and gets a thrill from, basically, stealing?

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Do they just pluck these figure from thin air..each piece was worth an avge of 2600 baht...I know there are many Thais who want to pay full price for everything :whistling: ,and many Thias sthat want you to pay more than the full price for everything...It will never stop..Too much money being made and presumably paid.....

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Do they just pluck these figure from thin air..each piece was worth an avge of 2600 baht...I know there are many Thais who want to pay full price for everything :whistling: ,and many Thias sthat want you to pay more than the full price for everything...It will never stop..Too much money being made and presumably paid.....

They probably calculated on the value of the article if genuine. That's what they normally do.

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I am unable to buy the original music from iTunes, just because I live in Thailand and only has a Thai credit card. For that reason I don´t feel guilty, when I buy the copied CD´s in malls and markets.

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I am unable to buy the original music from iTunes, just because I live in Thailand and only has a Thai credit card. For that reason I don´t feel guilty, when I buy the copied CD´s in malls and markets.

You still buy? Haven't you ever heard of bit torrent?

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It's believed that a great part of the problem lies in the attitude among young people. Many think it's alright to buy and wear fakes because they are affordable.
buh? Problem is because everyone here is too dirt poor to afford the real thing so cheap imitations will do.
But copying products simply corrupts the creator's initial idea.

This sounds like words from a child. "That's my idea, you can't have it!". The issue is one of where does culture begin and copyright end. Such questions haven't even been answered in the west.

Edited by hungryhippo
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It's believed that a great part of the problem lies in the attitude among young people. Many think it's alright to buy and wear fakes because they are affordable.
buh? Problem is because everyone here is too dirt poor to afford the real thing so cheap imitations will do.
But copying products simply corrupts the creator's initial idea.

This sounds like words from a child. "That's my idea, you can't have it!". The issue is one of where does culture begin and copyright end. Such questions haven't even been answered in the west.

The questions were answered long ago in the West to foster initiative and a potential return on what may have been a considerable investment in time and money. Maybe this concept and many others is what separates Westerm culture from whatever is the East is running these days that might be discouraging initiative and perpetuating the 'dirt poor' (as you put it)?

Stealing the fruits of others' labor (intellectual and other) can, hopefully be contained to North Korea, Viet Nam and China (to name an obvious few) where their style of government supports that sort of activity.

Edited by MaxYakov
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Copying is as rampant in the USA as in Canada ... but it does not make the US list, of course.

And there are so many excuses to overlook the the IP rights. Just looking at music in Western Europe: the IP rights collecting agencies distribute the collected rights (after taking a large parts for themselves - so called operating costs) to the major labels (and not the smaller ones who are not strong enough to defend their rights) which, after taking also a large part for themselves, distribute what is left to only their leading artists. Less known artists (the majority) get nothing. But what is more troublesome, the countries take a levy on all recording media (CD, DVD, HHD, memory sticks and cards ... ) in the name of the collecting agencies to compensate for the "loss" of rights. The honest buyer pays thus the IP rights twice ..

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Copying is as rampant in the USA as in Canada ... but it does not make the US list, of course.

Inclusion list is driven by lack of willingness of governments to do anything about the problem -- not by the fact that there is copying going on in that particular country.

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The Education Ministry's recent introduction of a course on IPR knowledge in every public school is not a bad idea. But to stimulate greater awareness, that's not enough. What really matters is the stepping up of law enforcement. The police must take the issue of IPR violation more seriously by launching crackdowns on counterfeiting perpetrators every day, not just once in a while. Counterfeiting must not be only condemned, but uprooted from our society.

[/Quote]

A course in every public skool will only allow thai students earn an easy grade. No teachers or students will really care about it when it comes to their own benefit. More importantly, most Thais never concern themselves with what other countries think about Thailand anyway. After all, Thais believe that farangs are too stupid to understand Thai's logic anyway :rolleyes:

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"Twelve countries - China, Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Israel, Pakistan, Thailand and Venezuela - are currently on the Priority Watch List. The Thai government is hoping that the United States will review Thailand's status, moving it from being on the Priority Watch List to being on the slightly less severe Watch List."<BR><BR>What a bunch of Malarky. China, Russia, Canada, India, and Venezuela are some of the USA's biggest trading partners.Being on the 'watch list' must mean something quite different than the ' do not trade with list'. The USA is going to trade with the low cost producer, copy right DVD/CD is only Hollywood concern, the rest of the USA doesn't care, the rest feel Hollywood is ripping us off as it is and we don't care much about or for Hollywood California..<BR>'

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"Twelve countries - China, Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Israel, Pakistan, Thailand and Venezuela - are currently on the Priority Watch List. The Thai government is hoping that the United States will review Thailand's status, moving it from being on the Priority Watch List to being on the slightly less severe Watch List."<BR><BR>What a bunch of Malarky. China, Russia, Canada, India, and Venezuela are some of the USA's biggest trading partners.Being on the 'watch list' must mean something quite different than the ' do not trade with list'. The USA is going to trade with the low cost producer, copy right DVD/CD is only Hollywood concern, the rest of the USA doesn't care, the rest feel Hollywood is ripping us off as it is and we don't care much about or for Hollywood California..<BR>'

You are so right. Hollywood, despite all its whining about lost revenue from piracy, has had its most profitable year ever. They have chosen to spend money lobbying congress to pass the DMCA (Digital Millenium Copyright Act) with draconian penalties that exceed punishments for any other type of theft and even for that of violent crime. The prices they charge are not competetive and the artist rarely benefits. They are not selling product but they are selling hype. They create the desire and demand but price most potential consumers out of the legal market. Can average income Thai people pay Bt. 700 for a CD or more for a DVD? Even in the US, these prices are too much and as long as the differential between the cost to produce and the selling price is so extreme, piracy will flourish. I'm not saying piracy is good but heavy-handed enforcement of a corrupt business model may not be the best thing for a society.

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Canada is on the list???

TheWalkingMan

........and Vietnam's not on the list. Strange list.

I have yet to find a genuine DVD in Vietnam!

Or Burma???? The knock-off market near Mai Sai somehow hid behind Canada HaHaHa. It sure has hurt Canada's export into US wood and gas markets :lol:

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Polo Shirt cost to make $8 sell in UK $120 Although I agree that this is an extream example, these are the sort of margins that give copiers a market.

Nike spend far more on advertising and freebies than making the products.

The only designer part in a lot of garments is the badge.

While people are stupid enough to pay this extra money there will always be copies.

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I would certainly buy copies any day of the week.

What they don't mention is that if the vendor is stopped from selling fake goods then he cannot continue to employ maybe one other person as well as send money to feed his family.

Thailand's poverty and impoverished society is high enough now without adding all the vendors as well as the producers of copied goods.

Don't they know how many people are working day and night just to make enough to feed and house there children and parents.

The street sweeper or garbage collector will never have enough money to buy a gucci or rolex so what is the problem with him buying a copy, at least he's helping the seller and other connected.

Good luck to the street vendors ....

These name brands are a rip off anyway so i wouldn't care one bit if they went out of business.

That's my opinion & alot of others would agree.

:whistling:

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