US embassy cable - 04COLOMBO499

UNCLAS SECTION 01 OF 04 COLOMBO 000499 
 
SIPDIS 
 
STATE FOR SA/INS, INL/AAE, EB/IPC:AREIAS 
PASS TO AID/ANE:BBUNDY 
DEPT PASS TO USTR:AWILLS 
COMMERCE FOR ITA:ABENAISSA, JBOGER 
TREASURY FOR SRI LANKA DESK:RADKINS 
 
E.O. 12958: N/A 
TAGS: ECON, ETRD, KIPR, CE, WTO, USTR 
SUBJECT: INTELLECTUAL PROPERTY TRAINING IN SRI LANKA 
 
REF: A)STATE 42796, B) COLOMBO 29 
 
1.  Summary: Sri Lanka is an ideal candidate for IP 
training assistance, as the public and private sectors 
are working together to develop an implementation plan 
for its new, strong IPR law.  The law was passed in 
Nov. 2003, and the GSL requested assistance with 
enforcement.  Econoff chairs a private sector IPR 
Working Group that meets with the government monthly 
to support and encourage progress.  Much has been 
accomplished (see ref B), but information is needed to 
guide next steps, and resources are needed to build 
capacity in all stakeholders.  End summary. 
 
2. Answers are keyed to ref A. 
A.1. Post has conducted and/or coordinated the 
following training sessions: 
 
-- Feb 23-25, 2004: Post, IFPI and Microsoft BSA 
(Business Software Alliance) conducted three sessions 
on identifying and investigating counterfeit cases for 
GSL Police and Customs. 
 
-- Jan. 27, 2004: Post and US Customs Officers from 
New Delhi provided training for GSL Customs on 
counterfeit targeting and identification. 
 
-- December 2003: IFPI representative passed to the 
head of the Police Criminal Investigation Division a 
manual on how to conduct investigations in counterfeit 
cases 
 
-- November 2001: IFPI conducted seminars on anti- 
piracy/IPR protection for GSL Customs and CID 
officers. 
 
-- 2001: An IESC consultant from Georgetown University 
volunteered with the National Intellectual Property 
Office and conducted awareness building workshops and 
training with many stakeholders, including judges and 
lawyers, musicians, ayurvedic (local herbal remedies) 
practioners. 
 
A.2. Other training: 
-- November and December, 2003: The Director of the 
GSL Intellectual Property Office (IPO) conducted four 
seminars on the new IPR Law for the public, and two 
for Customs and Police. 
 
-- As noted above, IFPI and BSA Microsoft are active 
in training. The Embassy-chaired private sector IPR 
Working Group includes Energizer, IBM, Microsoft, 3M, 
P&G, Hallmark, Sony, BMG music representatives and 
others.  This group has plans for future seminars, 
public awareness campaigns and support for GSL 
efforts. 
 
B.1. Effectiveness of training: 
The most effective training so far has been the hands- 
on practical training that helps the police and 
customs agents with the identification of pirated 
goods. 
 
B.2.  Lessons learned include: 
-- hosting groups in country, but away from their 
normal working environment, and in a comfortable, 
modern setting works best; 
 
-- not mixing the groups right away, until they are 
comfortable enough with the law and their 
responsibilities (mixed Customs and Police groups were 
not as interactive); 
 
-- keeping the size right - large enough to interact, 
but not so many that there is no feedback; 
 
-- case studies show knowledge gaps; 
 
-- the style of education here is learning by rote, so 
interaction and feedback are unusual, but once 
started, enhance the training immensely - the 
trainers' rapport and credibility are important; 
 
-- English language can be a problem with the police; 
 
-- different audiences require different training 
styles; 
 
-- trainers from the region are more easily understood 
and accepted. 
 
B.3. Other strategies are included below: 
 
-- The Embassy/private sector Working Group meets 
monthly with the GSL: IPO, Attorney General, Consumer 
Affairs, Police and Customs, so all parties are aware 
of each others' roles, and coordinating and 
communication mechanisms are discussed.  This group 
meets monthly with the Minister of Commerce and 
Consumer Affairs, maintaining high level attention and 
support for GSL participants. 
 
-- High-level USG visitors who raised this issue with 
GSL officials were extremely helpful in getting the 
GSL to focus on the importance of IPR protection.  It 
was a topic in all TIFA rounds. 
 
-- Pressure from the Embassy and visitors was the key 
to getting the legislation passed and signed, even 
when Parliament was suspended. 
 
-- The IPR Working Group made simple requests of the 
government immediately upon the passage of the law, to 
which the GSL agreed.  These included: tendering for 
software with all computer hardware procurements; not 
accepting advertising for pirated goods in government 
newspapers; not showing pirated movies on the 
government TV channel; not selling pirated CDs in the 
government retail outlets and placing notifications in 
the newspapers alerting the public to provision of the 
new law. 
 
-- The Working Group has agreed to send a letter to 
CEOs of the top 100 companies, signed by the IPO 
Director, informing about the new law. 
 
-- Three members of the Working Group have agreed to 
sponsor a seminar for these top CEOs to inform about 
the law.  The IPO Director will lead the discussions, 
with high level GSL and Embassy support.  Post hopes 
to get WIPO participation also. 
 
-- WIPO is paying to translate a booklet on IPR for 
dissemination. 
 
-- George Washington University and the Asia Pacific 
Law Institute, a US NGO, introduced an IPR 
Postgraduate Diploma program at the Sri Lanka Law 
College in 2001 ($150,000).  USAID through Technology 
Initiative for the Private Sector (TIPS) project 
provided all the technical assistance, including 
teleconference facilities, resource materials and 
computers.  TA on Curriculum development was also 
provided.   Already around 40 graduates have been 
trained and the third batch has already started. 
International IPR experts lecture there when possible. 
 
-- Through the TIPS project, USAID funded the 
automation of the Patent Division and the Industrial 
Designs division of the National IPR office for 
$70,000 in 2001. 
 
-- Speaker and visitor programs have addressed this 
issue over the past 3 years, with varying 
effectiveness. 
 
-- While the legislation was being drafted, the Motion 
Picture Association of America, a USAID-funded lawyer, 
and an IESC volunteer conducted reviews.  Many of 
their comments were included. 
 
C.1. and C.2. Needs/Requests 
 
-- Since the IPR Law was just passed, the scope of 
current and future needs is not known.  Embassy staff 
would benefit from training on best practices, and 
tools and techniques for public and private sector 
responsibilities and efforts in enforcement. 
 
-- Also, since this is new ground for all involved, 
assistance would be much appreciated in all areas - 
speakers, materials, training, information, and maybe 
in the future, equipment.  A model for implementation 
of a new strong IPR Law would be helpful to guide the 
Working Group and the GSL in these early efforts. 
Post would appreciate learning what USG, OECD, WTO or 
other resources are available to address specific 
needs. 
 
-- At the recent WTO Trade Policy Review session, GSL 
representatives specifically requested technical 
assistance for enforcement and for harmonization of 
its technical standards. 
 
-- Since the GSL is starting from scratch with a new 
law, all responsible parties need training.  Most 
counterfeit goods are imported, therefore Customs has 
been the focus of training so far.  Post has requested 
a country specific IV program for lawyers and judges, 
but has not received a response. 
 
-- As lawyers and judges are critical players, the 
Working Group has identified judicial training as an 
urgent need. USPTO had proposed a judicial training in 
2003, which was not implemented.  These two programs 
on IPR judicial enforcement would be very welcome. 
 
-- Funds to help defray the cost of sending a Sri 
Lankan to the USPTO Visiting Scholars Program would 
make a large contribution to the enforcement efforts. 
Colombo USAID does not have such travel funds. 
 
-- The Working Group, in response to a query by the 
Commerce Minister, is compiling a list of benefits and 
justifications for IPR Enforcement.  Identification of 
articles and organizations that are sources for this 
information would be helpful. 
 
-- An in-country seminar for key players with 
presentations/sessions by professionals with 
experience in implementation in other countries, 
especially in the South Asia region, would be very 
helpful. 
 
-- Overseas (in the US or Asia region) training for 
key individuals in the AG's Office, Consumer Affairs, 
police and customs on techniques, responsibilities, 
investigations would also be beneficial. 
 
-- The Working Group is grappling with the idea of a 
help desk or 24-hour response line for consumers and 
also a 24 hour mechanism for Customs to contact 
legitimate companies for help in identification of 
goods.  Information about successful systems in other 
countries would be useful. 
 
-- Supporting materials are needed by all players. 
Suggestions about appropriate, helpful subscriptions, 
books, and research materials would be appreciated, 
and help in funding these would be requested. 
 
-- Funding to send officers to ILEA training on IPR 
enforcement would be welcome. 
 
-- Funding for travel of GSL and Econoff to Jordan to 
meet with officials who have realized benefits from a 
strong IPR protection regime, to learn from them, show 
a positive example, and establish communication. 
 
3.  Post appreciates the opportunity to summarize its 
efforts, and request assistance at this critical time 
in the development of Sri Lanka's IPR implementation 
regime. 
 
LUNSTEAD