US embassy cable - 04AMMAN2574

UNCLAS SECTION 01 OF 02 AMMAN 002574 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EB/TPP/MTA/IPC - P. QUIGLEY AND S. WILSON 
USDOC 4520/ITA/MAC/ONE/WIEGLER 
PASS TO USTR - E. SAUMS 
 
E.O. 12958: N/A 
TAGS: ETRD, KIPR, KTIA, PREL, JO 
SUBJECT: GOJ MAKING GOOD PROGRESS ON COPYRIGHT 
 
 
SENSITIVE BUT UNCLASSIFIED.  PROTECT ACCORDINGLY.  FOR USG 
USE ONLY. NOT FOR RELEASE ON THE INTERNET. 
 
REFS:  (A)  Amman 460;  (B) 03 State 341991;  (C)  03 Amman 
7972 
 
1.  (SBU)  SUMMARY:  GOJ officials report good progress in 
response to USG requests for copyright and software 
protections in line with the bilateral Free Trade Agreement. 
Copyright amendments are expected to be passed by the 
cabinet and presented to parliament before the end of June. 
The GOJ is working on a circular to warn government 
employees not to use unlicensed copies of office and 
database software.  Although GOJ plans to support IPR signal 
progress, the most difficult hurdle remains:  passage of the 
copyright law in parliament.  END SUMMARY. 
 
IPR - Jordan Pressing Ahead 
--------------------------- 
 
2.  (U)  National Library Director Mahmoun Talhouni recently 
updated us on copyright law amendments, software 
protections, and Jordan's accession to WIPO internet 
treaties.  (NOTE:  The National Library is the GOJ focal 
point for intellectual property issues, and the location of 
an IPR enforcement unit.  During the last government change 
in  November, 2003, the National Library Director was placed 
under the direct control of Deputy Prime Minister and 
Minister of Industry and Trade Mohammad Halaiqa.  END NOTE.) 
 
3.  (SBU)  Econoff repeated the USG call (Reftels B, C) for 
speedy and full accession to the WIPO "internet treaties" 
and for amending the copyright law to bring it in line with 
commitments the GOJ made in the Free Trade Agreement.  He 
reminded Talhouni that the government had committed to 
passing an amended copyright law before June 30.  Econoff 
also asked if progress had been made on a proposed GOJ 
circular advising government employees to use only legal 
copies of software.  Talhouni reprised his own efforts since 
a last review in January, noting that the National Library 
had completed its contribution two months ago.  The 
amendments now sat in the Prime Minister's office, he said. 
Talhouni agreed to provide a status report on copyright 
issues. 
 
Jordan Acceded to WIPO "Internet Treaties" 
------------------------------------------- 
 
4.  (SBU)  Talhouni passed two copies of diplomatic notes 
from the WIPO Director General recording the deposit by 
Jordan of its instruments of accession to the WIPO Copyright 
Treaty (WCT) and WIPO Performances and Phonograms Treaty 
(WPPT) on January 27 and February 24, respectively.  WCT 
will enter into force with respect to Jordan on April 27 and 
WPPT on May 24, according to the note.  (Post is faxing a 
copy of the notes to NEA/ARN and EB/TPP/MTA/IPC.) 
 
5.   (SBU)  On March 21, Talhouni reported that copyright 
law amendments requested by the U.S. last December had been 
completed and would be presented to parliament before an 
agreed June 30 deadline.  Reviewing a copy of the proposed 
amendments, Talhouni said that they met all of the 
requirements laid out in a two-page, USG non-paper (Ref B). 
(NOTE:  Protect source.  A copy will be faxed to NEA/ARN and 
EB once translated.  END NOTE.).  He said that the 
amendments were being prepared in the Prime Ministry 
legislative affairs office for review by the cabinet "sooner 
than expected." 
 
Novel GOJ Circular to Warn Against Using Illegal Software 
--------------------------------------------- ------------ 
 
6.  (SBU)  In January, DPM Halaiqa had committed to 
producing and circulating to all government employees an 
"Administrative Notice" to warn against their use of illegal 
copies of software.  The Ambassador had stressed that the 
GOJ's "use agreement" with Microsoft was welcome and 
necessary but not sufficient to cover other types of misuse 
of office and database software (Ref A).  Talhouni reported 
that no progress had been made on the circular, but a draft 
text was now being circulated. 
 
7.  (SBU)  Talhouni provided the following text of the draft 
circular (protect source): 
 
BEGIN TEXT OF DRAFT CIRCULAR 
 
Due to the position of the government of Jordan on copyright 
-- in laws prohibiting the making of copies, especially of 
software -- and in order to abide by agreements with parties 
and countries, the government must set a good example and 
apply the copyright laws, including those relating to 
software. 
 
The government urges all departments and ministries to 
comply fully with copyright laws and regulations, 
particularly by not using any non-original software. 
 
END TEXT 
 
Talhouni said that the final circular text could change but 
that it would remain "in the spirit" of the draft. 
 
8.  (SBU)  COMMENT:  We got just about everything we asked 
for in the draft copyright law amendments.  The remaining 
hurdle is passage in parliament, which will reconvene in an 
extraordinary session in June.  A telling comment on that 
last step is the set of GOJ explanatory notes, presumably 
for use with parliament.  Only one mentions the FTA;  the 
others refer to the Berne convention and other international 
obligations or go unremarked.  If Talhouni is an accurate 
gauge, the GOJ will have a challenge in getting the 
copyright amendments through parliament. 
 
Gnehm