The Intellectual Property Department and the Department of Special Investigation (DSI) will today start inspecting 38 compact-disc factories nationwide as part of its plan to stamp out copyright infringement in the Kingdom.

Puangrat Asavapisit, director-general of the Intellectual Property Department, said yesterday that government agencies would frequently check all CD factories to crack down on copyright violations and the smuggling of machines to produce counterfeit goods in the country.

As part of the crackdown on piracy, the government will keep a close watch on imported CD and DVD machines that could be used to manufacture illegal products, she said.

Normally, copyright violations in Thailand are the result of one of two methods - smuggling across the border and illegal domestic manufacturing.

The 38 CD manufacturers control a total of 100 machines, some of which might have been illegally imported, according to authorities.

According to the Optical Disc Production Act 2005, the illegal import of a CD machine carries a penalty of 10 years in jail. Illegal CD production has a penalty of six months to four years in jail.

Authorities will also use an integrated forensics system to prove whether pirated products originated from local factories or elsewhere.

If the police find evidence of piracy, the CD machine will be seized immediately.

The Intellectual Property Department also plans to take action against foreigners - mainly in China and the United States - who benefit from rights violations of Thai products in terms of patents and trademarks.

For instance, Erawan Food, a leading Thai canned-fruits manufacturer and exporter, has faced design and trademark violations in China. The company has asked the department to help protect its rights and the country's interests.

The company claims that the illegal action has damaged it to the tune of about US$1.5 million (Bt53.7 million).

Puangrat said Erawan products' packaging and trademark were found to have been counterfeited in many areas of China, including Beijing and Guangzhou. The department is cooperating with Chinese authorities to investigate the case.

She also called on Thai exporters to register their rights - both patent and trademark - before exporting to high-risk countries.

The department also claims that the US government gave approval to an American businessman to register the name "Sabai" as the name of a spa. In fact, "Sabai" is a Thai generic name, which should not be registered.

It is also talking to Japanese authorities over an application for a patent registration for traditional Thai massage and exercises under a formula known as "ruesi dad ton" (hermit body twists).

The Japanese Patent Office will decide whether to accept the registration by the end of March.

Additionally, the Thai Hotel Association will ask the department to tackle the problem of collecting song fees.

The association found that many companies had duplicated collection of copyright fees on every occasion that hotels use their songs.

About 130,000 songs are registered under the Copyright Act, but 3,500 were found to be owned by different copyright owners.

Petchanet Pratruangkrai

The Nation