There are growing fears in government and business circles of a debilitating trade war between Thailand and the United States over intellectual property protection. The possibility that Thailand will be placed on the ‘Priority Country List', with dire consequences for its exports to the US, has prompted a search for a scapegoat.
Many business people blame policy of compulsory licences for life-saving drugs that was pursued by both the Thaksin and Surayud administrations. Although the suspension of intellectual property rights in these cases is perfectly permissible under WTO rules, and Thailand has scrupulously followed due process, many argue that Thailand is inviting retaliation merely for exercising its legal rights.
Others point to the thriving trade in pirated software, music and films, most under US copyright. Despite occasional raids, blatantly illegal business continues to flourish openly in places like Panthip Plaza. Some HIV/AIDS activists have even wondered why Thailand's exporters seem more eager to ban legally acquired generic drugs that save lives than cut-price porn CDs.
Documents recently acquired by Prachatai indicate that both groups may be wrong. US growing dissatisfaction with Thailand's respect for intellectual property rights seems to be motivated by Prime Minister Samak Sundaravej's choice of words, as the following exchange of correspondence shows.
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Universal Studios Legal Services
Brands, Licences and Intellectual Property Division
Prime Minister Samak Sundaravej
Government House
Bangkok
Your Excellency,
As the sole and unique owner of the film ‘The Invisible Man' and all Brands, Licences and Intellectual Property (BLIP) pertaining thereto, it has come to our attention that you have repeatedly made reference in public speeches, announcements, and interviews to an ‘invisible hand'. Please be informed that our rights over ‘The Invisible Man' includes all body part components thereof, including invisible hands (either right or left hand). We therefore construe your repeated and wilful references as a gross and blatant violation of our intellectual property.
We note further that your references to the ‘invisible hand' are unfailingly negative. At the beginning of the year, you accused the ‘invisible hand' of conspiring with person or persons unnamed to prevent the formation of your government. On 30 January, you blamed the ‘invisible hand' for masterminding a corruption probe against you from your term as Bangkok Governor. In your 9 February interview on Al-Jazeera you claimed ‘an invisible hand want [sic] to destroy me'. And on 17 February you alleged that negative media reports on your government were instigated by an ‘invisible hand'.
The only positive reference that has come to our attention is a report we have sourced to the website of Not the Nation, ‘Samak Receives Invisible Hand Job', where you are quoted as saying ‘this invisible hand is very skilled although a bit too herky jerky'.
We therefore instruct you to desist and refrain forthwith from all use of our BLIP rights over the Invisible Hand and reserve the right to protect our interests in the courts and through the Office of the US Trade Representative.
Sincerely yours,
Nugent A Fleischman
Chief Vice-Executive President
BLIP
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Office of the Spokesperson for HE the Prime Minister
Government House
Dear Mr Fleischman,
The Prime Minister has received your letter and has asked me to respond.
The Prime Minister first wishes to deny the Not the Nation story. The Prime Minister's job was not by invisible hand. Not the Nation is untruthful website and not funny at all and PM has ordered the Cybercrime police to close down.
PM also wishes to deny that his invisible hand is your invisible hand of Invisible Man. It is completely different invisible hand, so no offence intended.
Please accept our profuse thanks for contacting our esteemed office.
Jakrapob Penkair
Spokesman for HE PM
(suits by Armani)
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Prime Minister Samak Sundaravej
Government House
Bangkok
Your Excellency,
We find your response completely unacceptable. Since the only defining feature of an invisible hand is its invisibility, the Supreme Court of California (93 SCtCa 2607) has found there to be only one invisible person in legal existence, viz the one for which we own exclusive BLIP rights.
Again, please cease, halt and eschew all further reference to the invisible hand.
Sincerely,
N A Fleischman
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Office of the Prime Minister
(handwritten)
Dear Flashman,
You think only one invisible hand? Here in Thailand have many, many. How you say like that? I get millions votes. How many you get votes?
(no signature)
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Prime Minister Samak Sundaravej
Government House
Bangkok
Your Excellency,
We consider this correspondence now closed. You will be hearing from the USTR directly.
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About author: Bangkokians with long memories may remember his irreverent column in The Nation in the 1980's. During his period of enforced silence since then, he was variously reported as participating in a 999-day meditation retreat in a hill-top monastery in Mae Hong Son (he gave up after 998 days), as the Special Rapporteur for Satire of the UN High Commission for Human Rights, and as understudy for the male lead in the long-running ‘Pussies -not the Musical' at the Neasden International Palladium (formerly Park Lane Empire). And if you believe any of those stories, you might believe his columns
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