Thailand will register its concern over a pending US patent for a mangosteen drink, an official from the Intellectual Property Department said yesterday. It will write to the US Patent and Trademark Office (USPTO) to protect Thailand's rights to beverages whose patents have already been registered here.

There were fears that Thai producers may not be able to export mangosteen products after US firm, Nature's Sunshine Products Inc, applied to the USPTO to register a patent for a drink made from extract of mangosteen pulp and pericarp.

The department will inform the US agency that Thailand already produces mangosteen drinks that may use a similar formula, Kanissorn Navanugraha, director-general of the department, said at a press conference yesterday.

While the department apparently doesn't have grounds to file a lawsuit against the US firm, it was suggested Thailand should promote overseas registration of its intellectual property, including traditional wisdom, cultural assets and products, to avoid repetition of the problem. Although the American company has not received approval to register its patent, Thailand will try to protect other formulas and products, Kanissorn said.

Earlier in the week, Biothai, a non-profit group that looks at Thai intellectual property and biodiversity, cited the case as a possible "violation" of Thai property rights.

Kanissorn said this case does not violate the patents of Thai products because it [the US patent] would apply only to the formula the US firm had registered. Thai firms could still sell products with other formulas.

Nonetheless, the department would send the letter to the US agency to inform it of the existence of similar products made by Thai producers.

"I think that although this company may get approval, the patent will [only] be applied in the US. That means Thailand still can produce any product from mangosteen in Thailand," said Kanissorn.

To ensure the protection of Thai cultural assets, the department would cooperate with other countries to establish a database relating to traditional products, practices and wisdom, he said.

The department is also sending a letter to the Japan Patent Office to protest against a Japanese firm using the name of a traditional Thai massage technique as its trademark.

"We are quite confident we will win the case because the Japanese company has applied to register the original Thai word," he said.

Meanwhile, the Department of Traditional and Alternative Medicine Development said at least 83 patents on mangosteen products had already been approved internationally, mainly in Europe, the US and Japan.

At least three of those patents - for two drugs and one food product - were granted by the World Intellectual Property Organisation, said Dr Wichai Chokwiwat, the director-general of the department. At least 54 patents for mangosteen products, including beverages and wine, were held by companies in Europe, he said.

Petchanet Pratruangkrai,

Arthit Khwankhom

The Nation