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

2020 ◽  
Vol 17 (12) ◽  
pp. 1294-1306
Author(s):  
Nucharee Nuchkoom SMITH

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.

1997 ◽  
Vol 22 (1) ◽  
pp. 20-23
Author(s):  
Cecilia H. Chin ◽  
lldiko P. DeAngelis

The Smithsonian Institution, a trust instrumentality of the United States, and the largest museum and research complex in the world, receives many outside permission requests to reproduce images in the Smithsonian Collections. Charging fees for photographic usage is a common practice in the United States, especially in art history and general museums. Beginning in 1992, the Smithonian established internal guidelines for changing such fees and for handling permission requests from outside sources. The procedures ensure that the Smithsonian recognises and respects the intellectual property rights associated with images in the collections and the terms of any pre-existing agreements. Great care is also taken to protect the Smithsonian’s name from use in any commercial context, to avoid the implication that the Institution endorses a product (or one product rather than another).


2020 ◽  
pp. 107-111
Author(s):  
M.I. Logvynenko ◽  
M.G. Shunko

The article deals with the comparative characterization of specialized courts for the protection of intellectual property rights in Ukraine and developed foreign countries, such as Great Britain and the USA. The article deals with the historical background of the creation of a specialized court on intellectual property in Ukraine, as well as the legal systems in the field of protection of intellectual property rights of Great Britain and the USA, the analysis and consideration of the current judicial systems – in the consideration of civil and criminal cases in the field of intellectual property. property, litigation of the patent authorities of England and Wales, types of specialized courts and their unique procedural features. The nuances and practice of law enforcement activities of judges in the United States, the types and levels of penalties in civil and criminal cases, as well as the divergence of lawsuits and pre-trial procedural arrangements are outlined. The article reveals the similarity of the UK and US legal systems with those currently in force in Ukraine in dealing with intellectual property cases. The identified deficiencies relate to territorial inaccessibility, instances of inconsistency, and imperfection of the judicial system, as well as the defects of the national intellectual property and legal frameworks in place in comparison with the United Kingdom and the United States of America in the field of intellectual property. After researching and analyzing the intellectual property rights protection systems of leading countries in the world, such as England and the United States of America, the conclusions were clearly drawn as to the advisability of setting up a specialized court on intellectual property in Ukraine and the risks involved.


2007 ◽  
Vol 7 ◽  
pp. 182-188
Author(s):  
John N Gathegi

Western nations, through international treaties and bodies such as the World Trade Organization, the World Intellectual Property Organization, and economic and political pressures on many governments, are to a large degree succeeding in strengthening protection of intellectual property rights as they are understood mainly within the western context. Framing the debate within Locke‘s theory of natural law, the paper discusses the extent to which this strengthening of intellectual property rights is appropriate for developing countries, especially within the African context.


2021 ◽  
pp. 121-134
Author(s):  
Mariateresa Maggiolino ◽  
Laura Zoboli

The interface between intellectual property rights (IPR) and the rules to protect the correct functioning of the market can be canvassed by looking at when these two sets of provisions converge and collide. This chapter analyses four alternative scenarios, by stressing that policy decisions become crucial to solve the cases of conflict and, in particular, the case where antitrust law forbids practices that intellectual property (IP) laws allow. Moreover, the chapter illustrates that it is in relation to these policy decisions that scholars and practitioners can appreciate how different jurisdictions, as in the United States (US) and European Union (EU), conceptualize the role that property rights and competition are called to play in spurring innovation.


Sign in / Sign up

Export Citation Format

Share Document