Intellectual Property Laws in Thailand - DOC

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					                       Country Report


                             on


          University-Industry Technology Transfer




                     Pisit Chareonsudjai
              Khon Kaen University, Thailand




This paper is presented in The Regional meeting on University-
                Industry Technology Transfer
            BPPT II Building Jakarta, Indonesia
                    February 15-16, 2006
                           COUNTRY REPORT
                                       on
     The Regional meeting on University-Industry Technology Transfer
                     BPPT II Building Jakarta, Indonesia
                             February 15-16, 2006




Outline
Part A. Introduction to the representative and the university
            1. Introduction to Khon Kaen University
            2. Introduction to the representative
Part B. Presentation
            1. Summary
            2. Status of University-Industry Technology Transfer
            3. Key Success Factor of TTO
            4. Intellectual Property System in Thailand
            5. Experience of Northeastern Science Park
            6. Experience of KKU Intellectual Property Management Office
               (IPMO)– A model for university IP management


                              -----------------------




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                     Part A. Introduction to the representative


1. Introduction to Khon Kaen University:
      1.1 Name of the Institute: Khon Kaen University
      1.2 Name of the President:       Prof. Sumon Sakolchai
      1.3 Address:        Amphur Muang, Khon Kean 40002 THAILAND
           URL : www.kku.ac.th
      1.4 Name of the Supervisory Ministry: Ministry of Education
      1.6 Personnel:
                   Faculty member      = 1700
                   Supporting Staff    =   6000
      1.7 Budget: approx. 80 million US dollar per annual
      1.8 Function and Activities
      Khon Kaen University (KKU) is one of four regional universities established
in 1964 as part of a decentralized development plan for higher education in
Thailand. The campus is located in Khon Kaen province, just a few kilometers
from the center of the city. Situated in a most attractive park, the campus covers
approximately 900 hectares. From small beginnings, KKU has grown enormously
and is today home to seventeen faculties, three academic support centers, 2
academic service centers, a hospital and a research and development institute. In
addition several new institutes are currently in pipeline and will, in time, open the
University's door further to the public and increase its roles, responsibilities and
commitments to the region around. Currently the number of students is
approximately 17,000 (including 1,700 postgraduates and about 70 students from
overseas.) Although some students are housed in one of the 25 Halls of Residence,
many students choose to find their own accommodation off campus.




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      Khon Kaen University has the mission to: 1) produce graduates with well-
balanced knowledge, morals and wisdom; 2) expand the university research to
serve the community; 3) provide academic services and technology transfer to the
private sector; and 4) support our cultural heritage; for the university well-balanced
and long-lasting development of the Northeast and the nation.


2. The Representative:
       2.1 Name of the Participant: Mr. Pisit Chareonsudjai, PhD.

       2.2 Name of Country :Thailand

       2.3 Name of the Organization:          Khon Kaen University (KKU),

                                              Commission of Higher Education,
                                              Ministry of Education
                                              URL: www.kku.ac.th

       2.4 Post :                Assistant to the President for Research Affairs,

       2.5 Contact Address: Research Affairs Division,

                                 Office of the President, Khon Kaen University,
                                 Khon Kaen 40002, Thailand.

                                 Tel: +6643202011

                                 Mobile: +6619642184

                                 Email: pisit@kku.ac.th,
                                 pisitchareon@yahoo.com




                                                                                Page 4 of 15
     Part B. Presentation of the University-Industry Technology Transfer


Summary
      There are diverse mechanisms to transfer technology from universities to
industries in Thailand. They are not, however, into a system yet. At least 3 groups
of organizations related to technology transfer in Thailand. It is gradually
important since it in turn generates income back to university. It is one of the four
missions of every university in Thailand, which is managed by the university
academic service center in most universities. Moreover, some universities have
other special mechanisms to promote industrial competitiveness, such as
technology transfer offices (TTO), intellectual property licensing office (TLO),
university-industry collaboration unit. The last group of TT mechanism is science
and technology park (STP).
      The big turning point is in 2004 the Commission of Higher Education (CHE)
launched a university business incubator (UBI) project to incubate the university
intellectual property and to increase entrepreneurs from university faculty and
students. These projects very well succeed. Approximately 750 companies were
incubated and many of them will graduate very soon. However, this project cannot
support all universities, it is enough for only 25 top public universities.
      Beside of financial support from the Ministry of Education, another type of
technology transfer was initiated by the Ministry of Science and Technology
(MOST) -regional university science park. The parks bridge between the supply
from universities and the demand from industries using the know-how or
intellectual property as the means. Four regional science parks were in the strategic
plan. They will follow the footstep of Thailand Science Park (TSP). The northern
science park was already approved by the cabinet and was implemented; the
northeastern science park got the first year budget form the government. The



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others- the eastern-, and the southern science park, are on process to do feasibility
study and business plan. Apart from those mentioned above, National Innovation
Agency (NIA) also works on matching and financial support universities’
innovations and private sector.
      The key success factors are the cooperation among government, university
and industry. They must work hand in hand. In the past it is unlikely to join these
parties as partnership. The government did not support private sector enough. It is
unfair to spend the whole country tax to help some companies. While many
university researchers got used to publish “on the shelf research”. Private sector in
Thailand is not very strong. Most of them are small and medium enterprises
(SME), which need very little and low technology. Some medium and large
enterprises sometimes may want technology from universities. However, as usual
the universities are always complained that the faculty cannot deliver the research
result on time. As the result, the private sector is prefer to import overseas
technology, which is simple, no risk and on time.
      Intellectual property system in Thailand is also increasingly important. The
missions of Department of Intellectual Property (DIP) are: 1). Comprehensive
development of efficient systems for the protection of intellectual property 2).
Promotion of creation and commercial exploitation of intellectual property 3).
Prevention and suppression of intellectual property infringement and fair oversight
of intellectual property use

      This report will present the overview of the means to transfer technology
from university to industry. The part of intellectual property system in Thailand in
this report is the property of department of intellectual property. The technology
transfer model of Khon Kaen University (KKU) as a regional university will be
used as a case study. Some relevant supporting organizations, such as the IP
system in Thailand (DIP) will be explained to make better understanding.


                                                                              Page 6 of 15
1. Status of University-Industry Technology Transfer
      Technology can be transferred from one place to others by many means,
such as literatures, publications, graduated students, technology licensing, new
machines or graduated company. It is one of four missions of university in
Thailand. Therefore every public university in Thailand has an organization
response to this mission. Normally, it is the responsibility of the academic service
center (ASC) with the target groups of community and private sector.
      University-industry technology transfer organizations in Thailand can be
classified into 3 types: 1) academic service center, 2) special purpose unit e.g. IP
related unit, incubator related unit research collaboration unit and 3) science and
technology park


2. Key Success Factor of TTO
      The key success factor of TTO in Thailand is the cooperation among
government, university and industry. They must work hand in hand. In the past,
several governments did not strongly support cooperation between government
sector and private sector. They thought that it is unfair to spend the whole country
tax to help only some industries.
      Most of university research grant are mainly from national budget. Less than
twenty universities out of about 140 universities have research grants from private
sectors higher than from the government. Many university researchers prefer to
publish their finding to innovation or intellectual property. Publications are
necessary for their career path or for their academic positions. This is a problem to
manage the IP in Thailand since it is not our culture to register the IP. Another
problem concerning the IP management in Thailand is that the IPR belong to the
research granting agency. Although the IPR by law is the asset of university, the



                                                                               Page 7 of 15
faculty need research grant from the granting agency and sign the contract with the
IPR goes to the agency rather than university. This makes more difficult to manage
the university IP.
      The industries in Thailand are mainly labor and skill intensive. Most of them
do not need research and technology. They buy machine, technology from foreign
countries and produce products according to the order. As, the result the private
sector prefer to import technology from overseas.


3. Intellectual Property System in Thailand
3.1. Chronological Perspective of IP System in Thailand
  Aspects of             1891 – 1940            1941 – 1990                1991 – 2005

Development
Establishment 1910 – Establishing          1963 - Establishing      1992 – Establishing the

of Internal          the Trademark         the Patent Unit in the   Department of Intellectual
                     Archive               Department of Trade      Property
Bodies within
                     1923 – Establishing   Registration             1997 Setting up Joint
the DIP
                     the Department of     1973 - Dissolving the    Committee on Suppression
                     Trade Registration    Patent Unit and          of Intellectual Property
                                           setting up the Patent    Infringement
                                           and Trademark
                                           Division
                                           1989 - Splitting the
                                           Patent and Trademark
                                           Division into 2
                                           separate Divisions:
                                           the Patent Division
                                           and the Trademark
                                           Division
Establishment                                                       1992 – Establishing the
                                                                    Economic Investigations


                                                                                         Page 8 of 15
of Relevant                                                  and Inquiries Headquarters

Bodies                                                       1997 – Establishing the
                                                             Central Intellectual
                                                             Property and International
                                                             Trade Court
                                                             1999 – Establishing the
                                                             Office of Intellectual
                                                             Property and International
                                                             Trade Litigation
                                                             2002 – Establishing the
                                                             Special Investigation
                                                             Department.
Patent        1913 – Drafting the    1941 – Drafting new     1992 – Promulgating the
              first patents law in   patents law             Patents Act (No. 2), B.E.
              English                1951 – Endorsing the    2535 (1992) (being the
                                     patents draft law by    second patents law,
                                     the Council of State    amending the Patents Act,
                                     1952 - Endorsing the    B.E. 2522 (1979))
                                     patents draft law by    1999 – Promulgating the
                                     the Council of          Patents Act (No. 3), B.E.
                                     Ministers               2542 (1999) (being the
                                     1959 – Considering      third patents law,
                                     the patents draft law   amending the Patents Act,
                                     by the Council of       B.E. 2522 (1979))
                                     State
                                     1965 – Referring the
                                     Patents Bill to the
                                     National Assembly.
                                     (The Government
                                     subsequently
                                     withdrew the Bill.)
                                     1979 – Promulgating


                                                                                    Page 9 of 15
                                         the Patents Act, B.E.
                                         2522 (1979) (Being
                                         the first patent law of
                                         Thailand.)
Trademarks      1914 – Promulgating      1961 – Revising           1991 – Promulgating the
                the Trademarks and       Trademarks Act 1931       Trademarks Act, B.E. 2534
                Tradenames Act, B.E.     (2474)                    (1991)
                1914 (2457)                                        2000 – Promulgating the
                1931 – Promulgating                                Trademarks Act (No. 2),
                the Trademarks Act,                                B.E. 2543 (2000)
                B.E. 2474 (1931)
Copyrights      1892 – Promulgating      1978 – Promulgating       1994 – Repealing the
                the Vajirayan Archive    the Copyrights Act,       Copyrights Act, B.E. 2521
                Notification, R.E. 111   B.E. 2521 (1978)          (1978) and promulgating
                1901 – Promulgating                                the Copyrights Act, B.E.
                the Ownership of                                   2537 (1994)
                Authors Act, R.E. 120                              2005 – Draft Copyrights
                1914 – Promulgating                                Act (No. ..), B.E. …. (20..)
                the Act Amending the                               (under consideration by the
                Ownership of Authors                               Council of State)
                Act, R.E. 120
                1931 – Promulgating
                the Protection of
                Literary nd Artistic
                Works Act, B.E. 2474
                (1931)
Topographies                                                       1994 – Drafting the law on

of Integrated                                                      protection of topographies
                                                                   of integrated circuits
Circuits
                                                                   2000 – Promulgating the
                                                                   Protection of Topographies
                                                                   of Integrated Circuits Act ,


                                                                                        Page 10 of 15
                                                           B.E. 2543 (2000)
Trade Secrets                                              1994 – Drafting the law on
                                                           trade secrets
                                                           2002 – Promulgating the
                                                           Trade Secrets Act, B.E.
                                                           2545 (2002)
Geographical                                               1994 – Drafting the law on

Indications                                                protection of geographical
                                                           indications
                                                           2003 – Promulgating the
                                                           Trade Secrets Act, B.E.
                                                           2546 (2003)
Plant                                                      1994 – Drafting the law on

Varieties                                                  plant varieties protection
                                                           1999 – Promulgating the
                                                           Plant Varieties Protection
                                                           Act, B.E. 2542 (1999)
CD Products                                                1999 – Drafting the law on

Production                                                 CD products production
                                                           2005 – Approval of the Bill
                                                           by the National Assembly
                                                           (presently pending
                                                           necessary procedures for
                                                           its entry into force)


3.2 Strategic plan of DIP
        Although the Intellectual property system (IPS) in Thailand has been found
almost a hundred years ago, the modern IP system began after establishing the
department of intellectual property (DIP) in 1992. The missions of DIP include
three aspects: 1) Protection of IPR, 2) Promotion of creation and commercial




                                                                                   Page 11 of 15
exploitation, and 3) prevention of infringement and fair use of IP. The strategies o f
each aspect are:


1. Comprehensive Development of Efficient Systems for the Protection of
Intellectual Property

           Administering registration for protection of intellectual property rights
with efficiency, ease, convenience and swiftness;

           Extending the scope and areas of protection to cover Thai intellectual
property both domestically and in foreign countries for the benefit of Thai right-
holders;

           Improving intellectual property protection systems in accordance with
and in a manner facilitating national economic and trade development;

           Equipping personnel concerned, in both public and private sectors, with
knowledge and understanding of intellectual property protection systems; and

           Establishing international co-operation on improving and elevating
intellectual property protection standards.

2. Promotion of Creation and Commercial Exploitation of Intellectual Property

           Implanting intellectual property knowledge on Thai people to a far-
reaching extent for public awareness of the importance and usefulness of
intellectual property;

           Promoting Thai people’s creation of works and inventive development of
technology and Thai intellect with a view to giving added value to goods and
services;



                                                                               Page 12 of 15
         Promoting commercial exploitation of intellectual property and
capitalization of intellectual property.

3. Prevention and Suppression of Intellectual Property Infringement and Fair
Oversight of Intellectual Property Use

         Establishing measures and mechanisms for the effective and fair
enforcement of intellectual property law and all relevant legislation for the purpose
of preventing and suppressing intellectual property infringement;

         Erecting networks and co-ordination, amongst public and private
agencies concerned, with regard to the prevention and suppression of intellectual
property infringement, promoting right-holders’ knowledge of fair use of rights
and building up correct public attitudes towards using goods and services validly
carrying intellectual property rights; and

         Founding international co-operation in the sphere of intellectual property
through bilateral, multilateral and regional negotiations, and creating mechanisms
for the protection of Thai intellectual property in foreign countries.



4. Experience of      Northeastern Science Park and KKU Intellectual Property
Management Office (KKU-IPMO)– A model for university management
          I would like to share the experience on establishing a regional technology
transfer center. Khon Kaen University is a regional university, which is the core
university to set up the newly found Northeastern Science Park (NESP). This is a
result from cooperation between 4 main universities, Ministry of Science and
technology (MOST) and the Federal of Thai Industries -Northeast Chapter. The
mission of NESP is to foster regional idustries by increase entrepreneurship,



                                                                              Page 13 of 15
consultation, licensing, sponsored research etc. The objective of NESP is to
develop the competitiveness of the industry in the region using universities’ IP.
          Five industrial clusters are the first target groups of NESP 1) Food and
agro-industry 2) textile and clothes 3) automobile 4) Electronics and software, and
5) One tambol one product (small enterprise industries)
          In order to manage the science park effectively, the activities were
divided into two phases. The first phase will help setting up new industries and the
second phase is to strengthen them. Therefore, the first phase activities include
incubator, intellectual property management especially TLO, and technology
assistant (solve the production problems). The activities of the second phase will
cover the first phase and standards and certification of process and product,
sponsored research, finance assistant and business management (please see fig 1.).

  Phase II
                             Management
            Finance

                                                                Incubator
    Research
                               NE Science Park
                                                                     Intellectual
        Standards and                                              Property Mg t.
           Certified
                                       Tech. Assistant
                                                                                    Phase I

       Fig 1. Soft services of the Northeastern Science Park


          The Intellectual property management, incubator and sponsored
researches of NESP are directly related to technology transfer. Some activities are



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relatively new in university, such as intellectual property management is not well
known. DIP had signed the Memorandum of Understanding (MOU) with KKU to
set up an intellectual property (IP) management office (IPMO). This office will be
responsible only KKU in the first phase and extent to the Northeast at the second
phase. This pilot project is going to be a management model for other universities
in the future. The mission of the IPMO is to completely manage university IP in
the region as full circle. This includes dissemination of the related knowledge
(training and teaching), creation of IP (searching and mapping), protection
(registration), and exploitation (licensing and sponsored research).
          Business incubators had been set up before founding of the park. It was
sponsored as a project based by Ministry of Industry since 1999. Until 2004 The
Commission of Higher Education (CHE) supported to set up a business incubator
(KKUBI) at Khon Kaen University. It will nurture and foster an innovative
technology company until spin-off. There are approximately 750 companies
joined this project about 30 companies in each university. The incubator will
provide anything to support them and the soon many of them will graduate.
However, this project cannot support all universities; it is enough for only 25 top
public universities.
          The technology assistant program will give consult to industries
including give suggestion on changing technology with partially support from the
National Science and Technology Development Agency (NSTDA). NSTDA and
university faculty will go over to factories, find problems and give suggestions. In
case of complexity, NSTDA will use the expert from overseas. Industry will share
thirty percent of the cost and NSTDA will support the rest of the seventy percent of
the project.


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