US embassy cable - 05SINGAPORE506

UNCLAS SINGAPORE 000506 
 
SIPDIS 
 
STATE FOR EB/IPC, EAP/PMBS 
USTR FOR EBRYAN 
USDOC FOR DBISBEE 
USDOC PASS USPTO 
STATE PASS LIBRARY OF CONGRESS - COPYRIGHT OFFICE 
 
E.O. 12356: N/A 
TAGS: KIPR, ETRD, ECON, SN, WTRO, USTR 
SUBJECT: SPECIAL 301 - SINGAPORE: RECOMMEND NO CHANGE IN 
STATUS 
 
REF:  A) STATE 23950 B) Singapore 370 C) 04 Singapore 3531 
 
D) 04 Singapore 578 
 
1.  Post recommends maintaining Singapore's current Special 
301 status in 2005, i.e., not on the watch list or priority 
watch list.  Singapore has implemented, or is in the process 
of implementing, a number of significant commitments under 
the U.S.-Singapore Free Trade Agreement (FTA) that not only 
address previous IPR concerns, but arguably will give it one 
of the strongest intellectual property regimes in Asia. 
 
2.  Although no industry group nominated Singapore for 
inclusion in the 2005 Special 301 review process, the 
International Intellectual Property Alliance (IIPA) has 
identified Singapore as one of two countries where FTA 
dispute settlement proceedings should be commenced if prompt 
resolution of outstanding issues is not achieved.  Post 
believes the likelihood of this scenario has been lessened 
by Singapore's recent commitment to address our concerns 
with its amended Copyright Law that came into force January 
1, 2005.  Singapore plans to revise relevant sections of its 
IP legislation, and to present these to Parliament for 
approval by May 2005 (ref B).  We will continue to press the 
government to meet this deadline. 
 
FTA Implementation 
------------------ 
 
3.  In line with its U.S.-Singapore FTA commitments, 
amendments to the Trademarks Act, the Patents Act, a new 
Plant Varieties Protection Act, and a new Manufacture of 
Optical Discs Act came into effect in July 2004.  As noted 
above, the amended Copyright Act and related implementing 
regulations are undergoing further revisions in order to 
bring them fully into compliance with the FTA. 
 
4.  Among its commitments, Singapore has criminalized the 
end-use by companies of pirated software; introduced 
stronger protections for digital works; made mandatory the 
use of SID codes on optical discs manufactured in Singapore; 
implemented anti-circumvention obligations to prevent 
tampering with technologies designed to prevent piracy; 
protected against parallel imports of pharmaceutical 
products without the patent-holder's consent by allowing 
lawsuits when contracts are breached; and expanded patent 
and trade secret provisions.  Singapore has also committed 
to sign and ratify the WIPO Copyright Treaty and the WIPO 
Performances and Phonograms Treaty, which together set basic 
standards for protecting digital content.  In an effort to 
enhance public awareness, Singapore's Intellectual Property 
Office has embarked on a comprehensive education campaign to 
disseminate information concerning the various changes in 
the law and to explain what these mean for businesses and 
consumers. 
 
5.  As reflected in the FTA-related strengthening of its IPR 
laws, Singapore's government contends that it is determined 
to make the country's IPR regime the strongest in Asia, in 
part to attract even more IP-intensive investments.  This 
strategy is beginning to yield results.  For example, the 
strength of Singapore's IPR laws and enforcement 
capabilities has been a factor in the decisions of several 
U.S. pharmaceutical and entertainment companies to either 
increase existing investment or to start up new operations 
here. 
 
LAVIN