Policy Position Paper

Thailand’s specific policy towards APEC is that we are committed to APEC for the long run, since we are an original member of the organization. In working with APEC we feel that we can modernize our nation and help us in our pursuit of economic growth and to help us pursue new markets in the Asia Pacific Rim region. Our specific policy is that APEC should give more weight to the opinions of the developing states such as our state and that we also have more of a say on issues. Lastly we feel that we should have more time on implementing some of the issues which are to be implemented uniformly.

Our specific policy towards another core issue of APEC which is Trade and Investment Liberalization is that we disagree with some of the measures since we did not have much of a say in passing these measures. It is Thailand’s position that we do want to achieve freer trade and investment however we believe that we need to be more economically competitive, therefore we need to protect and promote our domestic industries so we can compete with the richer nations in APEC. We believe that the proposals of APEC in regards to freeing up and trade and investment will benefit more the richer nations and that it will hurt our chances of competing in the international economy. We our in favor with the principles of trade and investment liberalization, however we feel that these measures should be implemented gradually and not as quick which APEC wants to do. Many of the developed nations in APEC used strict trade.

Thailand has been very dependent on Industrial imports and the foreign industry that produce goods in Thailand. However, environmental standards have not been strictly enforced due to the fast moving pace of the industrialized global economy and the desired goal of Thailand to achieve sustainable development. There is a strong need to enforce and reform Thailand’s environmental standards of foreign manufacture’s so that the physical environment of Thailand will not continue to deteriorate and threaten the livelihood of the people of Thailand. If Asian economies are to become more stabilized to prevent another Asian crises, APEC member economies must emphasize "industrial development that links up with both villager-economy and local-economy. This emphasis must include agricultural development that is in harmony with the nature, while preserving the abundance of plant diversity and soil fertility" (Development Guidelines of the Eighth National Economic and Social Development Plan).

In order for Thailand to achieve sustainable development, it must put capital controls on foreign technology and capital goods and focus more attention on the human potential and intellectual capabilities, and the local way of life. This however does not mean less trade with other APEC member economies, it means that greater internal development must take place within all Asian economies to stabilize the economy so that foreign investors and manufacturers will have a strengthened safety-net. This will also lead to greater political and social stability. In order for Asian economies to be more stable there must be a plan to develop and apply science and technology to upgrade international competitiveness and strengthen domestic markets.

A more recent and controversial agenda has been issued into the Collective Action agenda; the problem of whether or not biotechnology can be patented and protected by intellectual property laws. Australia is pushing the proposal for biotechnology to be considered in greater detail.

Thailand is strongly against the use of patents on biotechnology and the patenting of different types of plants. The large industrialized nations are able to take advantage of the less industrialized nations by exploiting different varieties of plants and herbs that have been produced for centuries by these countries. Thailand is worried that large corporations are profiting from the knowledge and tradition of the poor farmers in these less industrialized nations.

"In 1997 RiceTec a company in the United States won a patent on a brand of rice called Jasmati, described as a copy of the aromatic Thai jasmine rice."³ This Company is becoming rich off the exploitation of the Thai farmers that grow Jasmine rice. "It is an attempt to confuse consumers and undercut their intellectual property rights, RiceTec is capitalizing on the genius of others."³ "This is not the first time Thailand has been robbed by another country, ten years ago Plao Noi a Thai plant whose medicinal properties are inscribed in ancient herbal books, was patented by the Japanese who extracted its active ingredient for treating ulcers."³ "We refuse to give monopoly rights to a handful of plant breeders and nothing to the millions of farmers who developed and nurtured the materials these breeders rely on."³ United States allows plants, animals or even human genes to be patented under U.S. law. However, the Royal Government of Thailand refuses to agree that biotechnology can be or should be patented.

The Royal Government of Thailand is also very concerned about the situation with counterfeiting and pirating of well-known marks. Thailand needs to promote trade and investment in our country; our economy relies a lot on the investment of other member economies in APEC and from countries around the world. "Thailand has received heavy criticism from the international community for our failure to adequately protect intellectual property rights, principally copyrights of audio and video materials, computer software and some aspects of pharmaceutical patents, and not to mention the rampant counterfeiting of trademarked products." ⁴ We want to change the way we handle intellectual property rights and the way we enforce them. This new approach is not only to become more favorable to the other members of APEC but also, we have re⁴alized that our own interests are at stake. "The Thai people are beginning to realize that development, trade and intellectual property are closely related and their own innovations need protection as well."⁴

Royal Thai Government is dedicated to, working with APEC via the Intellectual Property Experts Group to promote enforcement of Intellectual property rights in Thailand and throughout the region. Royal Thai Government also hopes to become compliant with the laws and regulations laid out by the WTO in the TRIPS agreement, except as stated before we will not agree to the Patenting of biotechnology including, the right to patent different varieties of plants and herbs.

Although, the sustainable development effort doesn’t do much to our economy, it does indirectly prolong our progress of implementing our eighth national economic social development plan. We must be very careful to follow all of the guidelines, ensuring that we don’t step on any toes or break any rules, therefore creating a time deficit. Our plan should only take five (5) years to get underway, but usually ends up lasting much longer. We’ve also tried to figure out how to expand our production over into other areas beyond Bangkok. The United States, Japan, Germany, and Singapore are Thailand’s major trading partners. Currently the U.S. and Japan are the countries that make the most investments, with one-fifth of its trading interaction coming from the U.S. and two-fifths from Japan.

Recently, the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 was promulgated to replace the previous law issued in 1975. This comprehensive legislation updated Thailand’s national environmental policy framework and provided for better guidance and direction to environmental decisions and actions. The legislation also created a unique provision of decentralizing environmental management power to local authorities whom initiate and formulate the Provincial Environmental Quality Management Action Plan. Our current status of development is all incorporated into Thailand’s Eighth National Economic and Social Development Plan, which is on track with completion due in 2002.

Thailand is a very strategically based member economy. Although small, we are a major investment area for other APEC and non-APEC member economies. We are flexible, since our economy is greatly influenced by trade and investment however; we will not be pushed around, by the large industrial nations. We are prepared to work with APEC on the area of well-known marks; we are prepared to compromise with the other member economies in order to be compliant with the TRIPS agreement, however we will not budge on the topic of biotechnology. Our goal is to advance beyond Bangkok into more regional areas surrounding the current established areas of production. We also would like to sustain growth beyond our "eighth plan", recovering fully from the Thailand economic crisis.