Thai Exporters Must comply with US and Thai law on IT Products

Thai manufacturers will need to use licensed IT products when exporting to key US states or risk fines, product seizure and a possible blacklist. The new unfair competition law targets software and hardware piracy. Leading international law firm in Thailand, BSA Law, says it has ramifications for local manufacturers. End Quote

(1888PressRelease) November 18, 2011 - Bangkok - Tough new US legislation will require local exporters to use licensed IT products or risk civil legal action, according to Thai law firm BSA Law.

The Thai law company has nearly 30 years of experience in business law in Thailand and has been monitoring recent changes to international trade legislation with interest.

The new unfair competition law was enacted by Louisiana in April and Washington in July, but more US states are expected to adopt similar legislation.

The law aims to curb the use of pirated IT products and make the cost of genuine hardware and software products a valuable business investment. Thailand also has anti-piracy legislation in place. Key Thai business law acts include the Thai Copyright Law aimed at protecting intellectual property rights.

International software watchdog Business Software Alliance (BSA) and Thai police have conducted raids on businesses and organisations suspected of using pirated software. Under Thai business law breaches can be prosecuted and may be subject to hefty fines.

The new US laws target markets with a high piracy rate and its introduction in Washington has been strategic as Seattle is America's second-largest port for Asian cargo.

Thailand's exports to the US were last year valued at US$22.7 billion. Its piracy rate was 73 per cent, a figure which has dropped significantly over past years placing the nation 17th and behind the US, China, Russia, India and Brazil.

BSA Law spokesman Apisakde Kongkangwanchoke advised local manufacturers to consult with their Thailand lawyers if concerned whether their software use was compliant under Thai law. Consulting with a legal representative gives business operators a clearer understanding of their legal obligations, both under Thailand law's copyright act and the US unfair competition legislation.

"The US laws impose civil liability on manufacturers caught operating with unlicensed IT products," Mr Kongkangwanchoke said.

"This is in keeping with Thai law's copyright act, which also protects intellectual property including software products.

"The use of unlicensed products is an ongoing concern for those with a business investment in Thailand and creates an uneven playing field, as businesses which comply with both international and Thailand laws have higher costs."

About BSA Law:

For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture.

For more information please contact:

Jim Byrne
Business Advisor, BSA Law.
Email: jim ( @ ) bsalaw dot co dot th

http://www.bsalaw.co.th

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