A positive step forward in IP Law in Thailand and a new hope for Copyrighted Ownership Protection by updating legal issues of Copyright Infringement on Online Platforms:

Each year, the exponential growth of social media along with easily accessible E-Commerce platforms, the IP landscape regarding copyright infringement has changed dramatically. For example, the copyright issues that were always on the tip of the tongue for years regarding such things as bootleg movies and DVD sales has practically vanished. Even before the Covid-19 Situation, the trends of new technology such as Streaming Services and Smart TV had begun to change the focus of demand in hard copies.

With our culture so dependent upon technology and the rapid innovation in all industries dependent upon that for financial success that goes with it, these ongoing transformations in our society has made it practically impossible for the laws in place to protect Copyright Owners in most countries are unable to keep pace and provide a proper counteraction to these enforcement issues.

In most areas, the law needs to constantly evolve to match the changing times in our society. Due to either the vague language or inability to enforce previous archaic laws, Governments around the world and especially in the Kingdom of Thailand have continued to attempt and rectify this situation.

The major force of societal change in the buying and selling of goods came with the COVID-19 pandemic. This seismic shift became the main factor as people were no longer able to travel, shop, or even socialize which left millions of people locked away in their homes for months at a time.

Due to the restrictions placed both in the Kingdom of Thailand and around the world, most if not all onsite activities involving copyright infringement had to be moved online which has since caused an explosion in the criminally copyrighted marketplace.  In this area, the service provider is the main focus due to the fact that when any such infringement happens on an online platform, the responsible party for that platform may have to take liability for such actions taking place on that site. In order to provide proof that the service provider is not a supporter of the infringing activities that have taken place, the law also provides an opening for the service provider to release themselves from such liability.

In the previous Copyright Act, if the infringement occurs on any of the various platforms such as Facebook, YouTube, and others then the copyright owner was then able to remove the copyright infringement from the online platform ONLY by submitting the motion to the court to suspend the ability to gain access as well as to remove that copyright infringement from the system.

In this system, such actions by infringers and subsequent restrictions in the law to commence enforceable action causes the copyright owner to bear excessive responsibility by having to defend what is proprietorially theirs to begin with.

This process was deemed ineffective as it required too much time involved as well as the continued cost both in legal fees and lost sales revenue while the infringed goods are still Unauthorized Sales continuing to the public. Therefore, on the 23rd of February 2022, the legislature passed the Amended Copyright Act of 2022 in which will finally take effect in six months along with a handful of other legislative issues involving IP matters.

This amended act is clear in the intention that it stipulates that if the infringement occurs on an online platform, the copyright owner is entitled by the law to submit the take-down notice to the service provider directly.

The take-down notice as the anti-copyright infringement measurement will only be related between the copyright owner and service provider without any court involvement. In essence, the court will only associate with any aforementioned copyright issue when there is a dispute of that specific infringement.

As stated in the Amended Copyright Act 2022.Section 43/4 The service provider will be excluded from the liability if it is proven that they act in accordance with all following conditions.

(1) They Provide the data storage service according to the orders of the user and the service provider does not know that there is a copyright infringement in their computer system or there is no probable cause of such acknowledgement. Also, the service provider has removed or suspended such allegedly copyright-infringing work immediately after being notified and informed.

(2) No financial benefits directly obtained from copyright infringement.

(3) The service provider has already taken the channel to notify of any copyright infringement issues in place.

With these new forthcoming measures in place, the burden that was previously put upon the Copyright Owner as well as the time constraints involved expediting the matter with an overstrained Judicial system, the copyright owner will now have a much clearer path to protect the Copyrighted Entities efficiently and effectively as well as putting an immediate end to the illegal profiting by the infringer.

Author(s)

Supapath Srikamol

Kevin Harrington

 NOV/DEC 2020

ANTI-COUNTERFEITING TRAINING TO KEY CUSTOMS PORTS

THE RWT IP ENFORCEMENT DIVISION PROVIDES INTERACTIVE ANTI-COUNTERFEITING TRAINING AT KEY CUSTOMS SITES IN THAILAND

RWT International Law Offices in conjunction with the Thai Customs Authorities and Global Brand Representatives provided a series of interactive Customs Training Workshops over the period ranging from the 25^th of November 2020 thru to the 2^nd of December 2020. These targeted anti-counterfeiting trainings were performed observing the highest regard to the strict Covid-19 Protocols in place at the time. Thru the coordination of multiple agencies, The IP Enforcement Division at RWT successfully conducted Customs Training events at the (4) major Customs locations in the Kingdom of Thailand at the time. The training provided key updated information and identification methods for the participants to attain an even greater ability to recognize, secure, examine, and seize illegal counterfeit goods before reaching the supplier or consumer.

Throughout the years, RWT has continued to consistently be proactive in providing trainings and workshops for Thai Customs Officers. As we face even more challenges in the New Year due to the rise of new methods being used by those trafficking in counterfeit goods, Customs Authorities and other Law Enforcement Agencies in Thailand will continue to protect consumers with the new information provided by the trainings as they continue to face the everyday challenge of disrupting and containing counterfeit goods from entering The Kingdom of Thailand.

With over one hundred Thai Customs Officers and their Superiors in total attending from the (4) Specific Customs Locations, the ability for officers and officials to interact with International Brands both remotely and on location offered a rare opportunity to increase their knowledge and provide further insight into each of the (16) Major Brands showcased at the trainings.

RWT would once again like to thank everyone in attendance as well as the Brand Representatives for all their assistance and will continue to maintain the highest level of cooperation with both Customs and Law Enforcement Agencies in continuing this positive relationship for our Clients.

RWT International Law Offices advances Gender Equality thru the official signing of the Women’s Empowerment Principles in association with the United Nations and European Union. 

RWT International Law Offices is proud to announce our official recognition as the 14th company in The Kingdom of Thailand as well as one of the first privately owned SME Law Firms which has actively adopted the United Nations Women’s Empowerment Principles (WEPs).

No sector of the economy has been put in a stranger spot by the Covid-19 crisis than e-commerce. Some e-commerce players have gone bust, while others like Amazon have cemented their place as cornerstones of the global market. For most e-commerce leaders, their stories land somewhere in between those extremes.

Even so, with 75 percent of millennials buying goods online during the pandemic they’d never bought before, the potential for a widespread e-commerce boom is still very much there. The last several months have made the industry more fractured and competitive than ever before — but some are looking to change up that attitude once and for all.

A ballooning market

Between April 2019 and April 2020, online retail orders grew by nearly 150 percent, an unprecedented spike that shows just how much lockdowns have accelerated the trend towards e-commerce. Digital sales are making up a larger and larger share of all sales nationwide, and the companies at the top are pulling in the lion’s share of the new business.

In the second quarter of this year, Amazon posted online sales of $88.9 billion as Walmart topped $10 billion in e-commerce action for the first time ever. As the world has scrambled to adopt an e-commerce-focused mindset, big companies with the infrastructure to handle high order volumes and same-day deliveries are crowding out smaller players. As suspicion grows that Amazon may be using its own platform to undermine its competitors, e-commerce businesses need the right resources in order to carve out their own portion of the market.

Changing e-commerce for the better

In response to this, more and more platforms are whipping up tools to help businesses break into the e-commerce world on their own. Freelancing platform Fiverr introduced a new tool called The Shift, designed to help streamline the transition from brick-and-mortar retail into the world of digital sales, and existing platforms designed to help facilitate e-commerce are regularly outpacing earnings estimates.

Now that there are more than enough tools available for someone to make the e-commerce business of their dreams, budding digital entrepreneurs need a few different kinds of resources in order to achieve success: guidance, mentorship, and insight.

Shaping e-commerce together

Hawke Media conceived, planned and executed its E-Commerce Week (which provides the sort of opportunities for learning, connecting and networking that are more difficult to come by than ever) in partnership with both the Mayor and City of Los Angeles, connecting it with one of the world’s most vital e-commerce ecosystems that is home to over 700 thriving e-commerce brands.

Because of the nature of the pandemic, however, the event will be fully digital, allowing anyone or any business from around the world to join in on the conversation. Featuring panels, keynotes, networking sessions, Q&As, and more, the conference is designed to be an even mix of learning and collaboration, ensuring that you’ll learn something new regardless of your experience in the industry.

Knowledge is always a powerful thing to have, but in times like these the old adage rings truer than ever: it’s not what you know, it’s who you know. Digital retail giants like Dollar Shave Club, Winc, Ritual, and FabFitFun will all be participating in E-commerce Week, meaning that attendees will be rubbing virtual shoulders with the titans of their industry — just the kind of cross-pollination e-commerce needs in order to thrive.

Collaboration has always been the name of the game in e-commerce, and 2020 has made that more true than ever. The next several months are going to be a crucial period in e-commerce history, determining who the viable players will be for the next generation of virtual shopping.

If you are planning on opening a new business in Thailand or currently using a E-Commerce platform to sell your products, RWT and our trusted partners around the globe will help you attain the key knowledge needed to expand your business as well as protect your investment with experienced professionals who offer the exemplary client services skills you will need for each step of the way! As always, we are happy to assist small and medium sized businesses to help bring Dreams to reality and expand your market share for the future!

Please feel free to contact Kevin Harrington, International Business Consultant, at info@rwtlaw.co.th for a free consultation (Subject Line -Attn: Kevin) and let’s discover how your business can take advantage of the opportunities available to thrive in this global economy and online specific marketplace.

As we look around us in the news or on social media sites, we have found that we are looking at a situation worldwide that has strongly affected the economies around the world, but also has provided many with the opportunities in rebuilding the foundations in how we do business in this “New Normal”.

Having the opportunity to become a Global Leader in both manufacturing and trade this past year due to the ongoing trade war between the USA and Chinese government, it has given Thailand the ability to step in and provide critical supply chain services and manufacturing. Since the pandemic and subsequent lockdown, Thailand has since continued to move forward by taking positive steps forward and is one of the safest countries in the world. As the country has continued to overcome each hurdle presented to them, they have done a good job in finding ways to assist ailing industries and investors. The Thai Government appears to have successfully contained the situation up to this point with no local transmission for more than (3) months. However the economic situation is one of the most difficult and important issues as in the region with a forecast of 8% recession looming ahead. This would indicate the biggest recession in the recent history, within the Kingdom of Thailand, which for the most part is due to the adverse effect on Tourism and related sectors.

Although this pandemic has been a destructive factor in countries who are highly dependent on tourism, other industries and businesses are not facing the same problematic situations as other industries. These industries will thrive even as we face new perspectives in how we look at sourcing and supply chain opportunities such as, for example, in the food industry.

Due to its central location in SEA, the skilled workforce, natural resources, and quality control,  the food sector has all the strengths to remain intact and create opportunities to grow as buyers and sellers seek long-term opportunities. In the International Marketplace, the Kingdom of Thailand  features many well-known companies which are primarily based in the food sector. The Kingdom is also the world leader for international exports of canned tuna, pineapple, corn, and coconut milk as well as having a leading position for rice, sugar, shrimp, and ready to eat meals sold worldwide. The recent surge in demand for the very popular fruit Durian in both China and Japan has shown an excellent example of opportunities surrounding things that are specifically Thai.

As a result of this demand, manufacturing and supply chains have stayed open with international demand to import food products increasing by 6% compared to last year and now representing roughly  22% of the country’s total exportation. The income from food exports represent more than 30 billion USD in 1/5 of the country economy.

The Ministry of commerce anticipates a stable growth in this area as we continue to move forward in this post COVID period. Food processing is chosen as a key industry to be promoted with strong investment supported by the government. The Food and Consumer Consumption Industries including all areas involved in export will be one of the highest areas for the national economic strategy while also continued investment to become the pinnacle of innovation in this sector and focused center of Asia. The increasing investment allocated to the food sector despite the current economic situation is proof of the trust and opportunity existing in this industry both for those within Thailand and Worldwide.

With travel limitations still in place for many as countries look to find solutions for safe international travel,  it is more important than ever before to have a local presence who can provide the essential knowledge and experience to assist companies as well as investors to profit efficiently from the current opportunities. Growing demand overseas for numerous products in the food sector and consumables from Thailand can only be truly successful when a trusted value minded “Sourcing Consultant” is protecting your investment. With years of practical experience in this area both in Thailand and in France, Khun Gael of Sousaben can act by using his expertise in both supplier evaluation and selection of the highest quality of products procured in a cost-effective manner.  In order to secure the supply and protect investment, RWT International Law is pleased to be in partnership with Gael and his team. If you are looking to expand your business or even start something new in a existing service line the  Khun Gael Bensousen, Senior Director of Sourcing, can provide you with a free consultation about any specific area of including distribution, sourcing, planning strategies, and timeframes. With the opportunities expanding exponentially in this and other industries, the time is now to be proactive and use the resources of RWT Partnerships to your advantage no matter if you are a new or existing client.

Please feel free to contact Kevin Harrington, International Business Consultant  at RWT for more information or at info@rwtlaw.co.th with Attn: Kevin in the subject line and start your future today!

The Ministry of Commerce conducts first ever Live Streaming Destruction Ceremony of Counterfeit Products

On September 9^th 2020, the Office of the Permanent Secretary Ministry of Commerce in conjunction and including all levels of law enforcement, legal enforcement representatives, as well as brand representatives joined together for a unique Destruction Ceremony coordinated worldwide thru live stream and in person at the Ministry of Commerce.

The Deputy Minister of Commerce, Mr. Weerasak Wangsuphakijkosol, presided over a Destruction Ceremony at the Ministry Offices. The event which was organized and in collaboration with the Department of Intellectual Property (DIP), the Internal Security of Operations Command (ISOC), the Royal Thai Police, the Customs Department and the Department of Special Investigation (DSI).

This annual ceremony provided the attendees with the unique setting via live streaming this year where remotely filming the destruction sites in Chonburi province and Saraburi province. Global Representatives from both public and private agencies, foreign dialogue partners, and the members of the various Diplomatic Corps which participated both in person as well as thru the Zoom meeting.

During his statement to all those in attendance, Mr. Thosapone Dangsuoutra, the Director General of the Department of Intellectual Property, revealed that there was a total of 785,376 items of both pirated and counterfeit goods with a street value worth roughly 354 million baht which were summarily seized and destroyed during and following the ceremonies.

On behalf of RWT, we would like to thank all those Agencies, Ministries, and Law Enforcement for their dedication and focus on the disruption of counterfeit being sold in the Kingdom of Thailand.