Protection of Native Resources Demanded

Intellectual property rights experts and farmer's rights activists in Thailand are up in arms over their government's proposed native-resources protection bill. The bill, designed to protect the country's native animal and plant species, has been drafted to help Thailand comply with the World Trade Organization's agreement on trade in intellectual property. The main fault in the Thai government's approach, its critics say, is that the bill fails to protect jasmine rice or mon thong durian, considered among Thailand's finest unique products. Without these protections, they fear, growers in other countries could use the names freely, leading to intense economic competition on the world market and also marring Thailand's reputation. – YaleGlobal

Protection of Native Resources Demanded

Pennapa Hongthong
Thursday, March 13, 2003

Academics and lawyers yesterday called on the House of Representatives to set up a joint committee with the Senate to revise the native-resources protection bill.

They argue that the bill - approved by the Senate last year - fails to adequately protect the country's animal and plant species.

Intellectual property rights (IPR) experts and activists working for the protection of farmer's rights said at a press conference yesterday that the bill would lead to economic disaster for the country, while protecting the international trade interests of the United States.

They also demanded that the House allow the public to participate in the bill's consideration process.

Under the bill - drawn up in accordance with the World Trade Organisation's Agreement on Trade-Related Aspects of Intellectual Property Rights (Trips) - native agriculture, and natural or manufactured goods can receive a geographical indication identifying them as the produce of a specific region.

Once identified, these goods can be registered to prevent unauthorised use of the name.

However, Jakkrit Kuanpoth, IPR expert from Sukhothai Thammathirat Open University, said the legislation did not protect jasmine rice or mon thong durian, regarded by many as among the finest rice and durian strains in the world, because they are considered generic names.

Ubon Yuuwa, representing of jasmine-rice growers in the Northeast, said the Kingdom produced the best jasmine rice in the world because of its geographic suitability. Ubon expressed a fear that if the name jasmine rice was considered generic, other countries, including the US, could use it. This would damage Thailand's reputation, since jasmine rice from the US is not of the same quality as the indigenous strain.

Jakkrit added that the Trips agreement required member parties to limit the use of wine and liqueur names, such as Bordeaux wine from France or Scotch whisky from Scotland. He said the Third World was now bargaining to expand protection to its agricultural products, including animal and plant species.

Jakkrit also said the Trips agreement would not recognise the geographic origins of any goods if the country of origin did not protect the products under domestic law.

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