US embassy cable - 04COLOMBO29

UNCLAS SECTION 01 OF 02 COLOMBO 000029 
 
SIPDIS 
 
STATE FOR SA/INS, INL/AAE, EB/TPP/MTA/IPC, 
AID/ANE:BBUNDY 
DEPT PASS TO USTR:AWILLS 
COMMERCE FOR ITA:ABENAISSA, JBOGER 
TREASIRY FOR SRI LANKA DESK:RADKINS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: ECON, ETRD, KIPR, CE, WTO, USTR, ECONOMICS 
SUBJECT: WITH NEW LAW, SRI LANKA MOVES AHEAD ON IPR 
ENFORCEMENT 
 
Ref: 03 Colombo 2017 
 
Sensitive but unclassified. Please protect 
accordingly. 
 
1. (U) Summary: All members of a public/private IPR 
Working Group are moving forward to implement Sri 
Lanka's new strong IPR Law, with help from outside 
parties, including the USG.  There is a window of 
opportunity now, with the GSL's desire to develop an 
effective implementation regime, but training, 
resources and experience are lacking.  End summary. 
 
Participants 
------------ 
2. (SBU) The Embassy-convened private sector IPR 
Working Group (IPR WG) meets monthly with GSL 
officials involved in the development and 
enforcement of a new IPR regime.  Members in the 
Working Group represent US firms including IBM, 
Microsoft, Proctor and Gamble, Hallmark, Sony Music, 
Universal, 3M and Energizer as well as the American 
Chamber of Commerce.  Government officials from the 
Intellectual Property Office, Customs, Police, 
Attorney General and Consumer Affairs are present 
for these meetings, and the group meets quarterly 
with the Minister of Commerce and Consumer Affairs. 
 
3. (SBU) Econ Officer originally formed the IPR WG 
with companies that had come to the Embassy with 
complaints about lack of enforcement.  Since the 
meetings with GSL officials began, the new Law was 
passed (see reftel), and enforcement officials 
appear ready to start implementation.  They are 
constrained by inadequate resources, training, 
information and experience, but are very eager and 
open for assistance. 
 
Actions 
------- 
4. (U) Intellectual Property Office (IPO): To date, 
the IPO Director has given four public seminars on 
the new law, and a training session for the police. 
Another one is scheduled soon.  The Office will also 
receive assistance from WIPO to print informational 
pamphlets and for training.  The Director will help 
draft a Circular to be distributed to all Police 
Stations outlining the new responsibilities.  The 
IPO has also begun placing ads in the media alerting 
the public to the stricter provisions of new law. 
The IPR WG will assist with a broader public 
awareness campaign. 
 
5. (U) Police: All new recruits will get IPR Law 
training in their basic course starting in Jan. 
2004.  Current officers will receive IPR courses 
during normal in-service training.  The curriculum 
is now being developed.  Lectures will be given at 
Police training centers around the island.  The IPO 
Office will organize one informational session with 
Police and Customs.  A special unit within the 48- 
person Commercial Crimes Unit will be established 
and specially trained as IPR experts. 
 
6. (U) Customs: Twenty-five Customs officers will 
attend an informational session given by the IPO 
Director.  Officers in the Rapid Response Unit will 
be trained in IPR issues, and will be responsible 
for responding to all incidents 24/7.  Officers 
receive incentives for seizing counterfeit goods. 
 
7. (U) Attorney General: The AG's office agreed to 
establish an Intellectual Property Unit, and is 
considering allowing its Public Petitions Unit to be 
used as a Help Desk for IPR issues. 
 
8.  (U) The GSL has agreed requests made by the IPR 
WG, including a commitment to place a tender for 
software each time the GSL tenders for computer 
hardware, to cease accepting ads for pirated goods 
in government-owned media, to stop selling pirated 
CDs in government-owned shops, and to consider 
having state-regulated entities, e.g., the Stock 
Exchange and SEC, make statements that it only uses 
fully licensed products. 
 
Assistance Offered and Requested 
-------------------------------- 
9. (SBU) In addition to considerable previous 
efforts, Embassy has arranged for the following 
assistance to GSL officials: 
 
-- An International Federation of Phonographic 
Industry (IFPI) Enforcement Officer from Dubai 
provided the Police CID a manual on conducting IPR 
investigations. 
 
-- US Customs Officers from New Delhi will conduct 
training for SL Customs on identification, seizure 
and investigations for IPR violations in late 
January. 
 
-- IFPI will conduct four days of training for 
police and customs officials in late February. 
 
-- Embassy will assist in arranging a seminar for 
CEOs of the top companies in the country, hosted by 
the GSL. 
 
11. (SBU) Coordinating these efforts is the Director 
of the Intellectual Property Office under the 
Ministry of Commerce and Consumer Affairs.  He, 
along with the implementing agencies, has little 
guidance, and no new resources, to structure the 
enforcement regime.  The IPR WG will assist where 
possible, but that group, too, lacks experience. 
 
12. (SBU) Comment: The USG can take some credit for 
the seriousness with which the GSL is developing an 
implementation regime for the new IPR law.  The 
desire for an FTA, as well as hearing from USG 
visitors from Commerce, USTR, and from the Embassy 
have pushed the somewhat reluctant Commerce Minister 
in the right direction.  There is a window of 
opportunity now, with the GSL's desire to design a 
proper implementation regime in a situation that is 
not yet uncontrollable.  Piracy abounds in the South 
Asia region, but Sri Lanka is not yet producing 
counterfeit goods in quantity.  Pirated imports are 
a problem and can be countered now with the 
installation of effective procedures.  The Commerce 
Minister wants to establish an IPR policing hub in 
Sri Lanka. 
 
13. (SBU) Comment continued: Initial efforts have 
focused on training the responsible Police and 
Customs officers.  No resources have yet been 
identified to provide training for lawyers and 
judges. Post will investigate possibilities with the 
US Patent Office, INL, USAID and others to assist 
the GSL at this critical time. 
 
Lunstead