US embassy cable - 04PANAMA669

UNCLAS SECTION 01 OF 02 PANAMA 000669 
 
SIPDIS 
 
 
DEPT FOR EB/IPC AREIAS 
ALSO PLEASE PASS TO INL/LP AND INL/C/CP 
 
 
E.O. 12958: N/A 
TAGS: KIPR, ETRD, ECON, SNAR, PM, ECONOMIC AFFAIRS 
SUBJECT: PANAMA'S INPUT: INTELLECTUAL PROPERTY TRAINING, 
NEEDS, AND BEST PRACTICES 
 
REF: STATE 42798 
 
 
1. Summary.  Post has provided primarily financial support 
and equipment to Panama in support of promoting effective 
protection and enforcement of IP rights.  Panama has 
relatively well-developed intellectual property laws and 
institutions, and the GOP has also increased specialized IPR 
training and technical support for local stakeholders. 
However, enforcement is far from ideal as police, customs and 
prosecutors suffer from a lack of resources, and cases often 
stall in the judicial system.  Panama's most important needs 
center on additional training for on-the-ground officials 
(i.e., police, customs officers, and technical judges) and 
the acquisition of additional equipment.  End summary. 
 
 
2. Per reftel, Answers to Questionnaire (Question 7). 
 
 
A.1. While post has not/not conducted specific IPR training 
programs or workshops, IPR training was included in various 
conferences.  Most recently, a one-hour IPR training session 
was held on March 3 in a DHS-led Conference on Money 
Laundering.  This session included presentations by a DHS 
official and GOP IPR Prosecutor on IPR laws and practices 
specific to each country.  While the audience was comprised 
of GOP officials (police and prosecutors) with money 
laundering responsibilities, many of these individuals have 
IPR duties as well.  IPR training was also included in a 
January 2004 terrorist financing seminar led by DOJ/OPDAT. 
Prosecutors and judges attended this training. 
 
 
A.2. The GOP Inter-Institutional Commission for Intellectual 
Property includes Public Ministry prosecutors, Customs and 
the Education Ministry's Copyright Office officials, Colon 
Free Zone (CFZ) administration, and representatives from the 
Commerce Ministry's international trade office (VICOMEX), and 
industrial property registry (DIGERPI).  Using GOP funds, the 
Commission organized and executed a series of four regional 
workshops in 2003 throughout Panama to raise general 
awareness of IP.  These private forums invited GOP judges, 
customs officials, and police to a three-day seminar on IP. 
Day One introduced IP and its theory; Day Two provided the 
audience with technical demonstrations (i.e., how to verify a 
"true" product with its look-alike); and Day Three discussed 
the role of the GOP in combating IP crimes.  The police also 
held a training session in January 2004 on how to identify 
suspicious bills of lading and airway bills.  The GOP 
Specialized IP Prosecutor's Office (Ninth Circuit attorney - 
created in December 2002) plans to hold a seminar in late 
March / early April of this year to target Superior Court 
judges from across the country on the fundamentals and 
principles of IP. 
 
 
B.1. Post has not/not conducted or observed any IP-specific 
training programs. 
 
 
B.2. According to GOP IPR Prosecutor Jose Ayu Prado, the most 
successful type of training has been the case study approach 
because of the audience's ability to directly see their role 
in the investigation or court proceedings.  However, this 
approach has not been recently utilized because GOP judges 
feel uncomfortable discussing real-life accounts. (Note: The 
GOP IPR Prosecutor's office does not/not have the resources 
to develop a fictional case study to be used for training 
purposes at this time.  End note.)  While post believes there 
is a strong need to send GOP IPR officials to international 
conferences and training, in-country training provides more 
individuals the access to training. 
 
 
B.3. The Embassy has helped to bridge some of the GOP's more 
glaring resource gaps.  US. companies have expressed concern 
about the general scarcity of resources and low priority 
given to IPR cases by Panama's Attorney General's office. 
The specialized IPR prosecutor lacks even basic resources to 
conduct investigations and handle cases.  Many of his workers 
use personal or donated computers and/or printers, some 
dating to the early 1990s.  Using Narcotics Affairs Section 
(NAS) funds, we have provided a photocopier, cable internet 
connection, and a computer projector to the IPR prosecutor to 
help with IPR training and investigations.  We have helped 
cover the costs of storing evidence for IPR cases.  Finally, 
the Embassy is aggressively pursuing anti-corruption and 
justice reform programs. 
 
 
C.1. Post sees a need for further training of GOP officials. 
Most of the training programs to-date have consisted of broad 
introductions to IP.  While these continue to be a necessity, 
continued, more specific training programs are a necessity to 
give GOP officials the skills they need.  These training 
programs may focus upon specific themes on trademarks, 
copyrights, or particular skill-sets such as identifying 
counterfeits and frauds.  In the past, post has utilized NAS 
funds to send GOP officials to industry-wide conferences and 
USG-sponsored conferences.  NAS funding allowed for two GOP 
officials to attend an  USPTO-sponsored IPR conference in 
Washington in September 2003. 
 
 
C.2. The Embassy recommends a plan focused on two specific 
areas that need improvement: CFZ enforcement and the judicial 
system.  First, we recommend expanding programs in the CFZ to 
improve security and law enforcement on money laundering, 
counter narcotics, and terrorist financing as they relate to 
IPR to include finite resources (cell phones, 
computers/laptops, copiers, printers, internet access, 
digital camera).  These would further their mission and to 
access and contribute to the DIGERPI-maintained copyright 
database.  Second, we would welcome a judiciary-focused 
technical workshop - perhaps a DOJ/OPDAT-style conference, 
led by a US circuit court judge that would use a mock court 
case to educate Panamanian judges in the intricacies of 
adjudicating IPR cases. 
WATT