US embassy cable - 05TEGUCIGALPA810

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 000810 
 
SIPDIS 
 
DEPT FOR EB/TPP/IPE, WHA/CEN 
DEPT PASS TO USTR 
 
E.O. 12958: N/A 
TAGS: KIPR, ECON, KJUS, HO 
SUBJECT: Honduras Seizes 20,000 Pirated Discs; First Such 
Seizure in Two Years 
 
 
1. Summary.  On April 12, 2005, EmbOffs met with Prosecutor 
for the Protection of Intellectual Property, Ligia Roque de 
Galeas, to learn the details of an April 6-7 successful 
seizure of approximately 20,000 pirated CDs and DVDs. 
Following the seizures, several suspects were arrested in 
raids on more than half a dozen sales locations in the 
cities of Tegucigalpa and Choluteca.  The operation was 
planned and coordinated - and largely owes its success to - 
Roque's initiative and the cooperation of Police Special 
Investigations Sub-Commissioner Ramon Sabillon.  End 
Summary. 
 
2. The Government of Honduras, for the first time in over 
two years, has launched a successful operation to seize 
pirated CDs and DVDs.  On April 6-7, over 40 police agents 
participated in raids on over half a dozen sales locations, 
seizing approximately 20,000 discs.  This operation took 
place almost entirely at the initiative of the Prosecutor 
for the Protection of Intellectual Property, Ligia Roque de 
Galeas.  She accomplished this remarkable feat despite a 
number of obstacles.  Changes to the Honduran law a few 
years ago removed ex-officio authority, leaving the 
Prosecutor powerless to act without a criminal complaint in 
hand.  (Once it enters into force, CAFTA-DR will fix this.) 
Undeterred and determined to put a stop to flagrant sales of 
pirated materials in broad daylight on the sidewalks of 
Honduras' cities, Ms. Roque de Galeas took it upon herself 
to contact a number of music and video publishers (including 
Sony, Dideca, BMG and Universal) to secure criminal 
complaints from them.  (It is worth noting that to do so, 
she first had to persuade her own bureaucracy to approve her 
use of the telephone for the long distance calls to contact 
these companies -- an indication of how modest the resources 
are at her disposal.)  Roque told us she was inspired in 
part to take these actions following suggestions received in 
training on IPR enforcement offered by the U.S. Patent and 
Trademark Office in February 2005, which Roque and two other 
GOH officials attended. 
 
3. The week before the raids, Roque coordinated the 
logistics with the police Special Investigations Unit 
(DGSEI).  The operation started in the afternoon of April 6 
and finished on April 7.  It took place in several locations 
throughout Tegucigalpa, including downtown, Colonia Kennedy, 
a video rental store (that rents out only pirated videos) in 
Lomas de Toncontin, and in the southern city of Choluteca. 
Forty policemen and 6 cars were used during the raids. 
Police seized 14,800 CDs and 6,800 DVDs.  The discs are 
currently under police custody.  After experts finish their 
examination and confirm to the courts that the goods are 
counterfeit, the seized products will be destroyed in 
public, most likely by driving over them with a bulldozer. 
(Roque is seeking to borrow a bulldozer from the Tegucigapla 
municipal authorities for this purpose.) 
 
4. Arrested suspects included primarily street vendors but 
also one person who reproduced these products in 
Tegucigalpa.  (In the case of the DVDs, Roque reported that 
the movies had been downloaded from the Internet but that 
the booklet and promotional information were apparently 
being copied and produced locally.)  Street vendors informed 
police that there are some reproducers in San Pedro Sula who 
normally send the products to a warehouse located in the 
popular San Isidro market in Comayaguela, just across the 
river from downtown Tegucigalpa.  The street vendors 
reportedly identified their supplier in San Pedro by an 
alias; they apparently do not know his real name.  Roque 
speculated that some vendors also receive products smuggled 
overland from El Salvador.  Notably, however, there is no 
evidence thus far that any of the discs were made in China, 
which is often alleged to be the source of pirated material 
sold in Honduras.  The street vendors were released on their 
own recognizance in exchange for providing information to 
the prosecutor about middlemen and suppliers of the pirated 
materials.  The sole pirated disc producer arrested was also 
released but remains under investigation. 
 
5. Roque told EmbOffs that with the criminal complaints she 
has received it will be possible to plan, coordinate, and 
carry out more seizure operations in the cities of San Pedro 
Sula and La Ceiba in the near future.  She can also use the 
existing complaints to file and to prosecute criminal 
charges if seizures are made in those cities.  In order to 
support continuing operations of this type in Honduras, the 
media publishers who filed criminal complaints, joined by 
others from Costa Rica, have indicated they intend to file 
additional criminal complaints.  They have also offered to 
provide technical assistance in identifying and prosecuting 
future piracy cases. 
 
6. Comment.  Post is very pleased that the IP training 
received by three Honduran officials (including Roque) in 
Washington in February 2005 resulted in such a spectacular 
success.  Roque de Galeas is currently the sole prosecutor 
in the Public Ministry who has responsibility for IPR 
crimes.  Though her portfolio was increased from half-time 
IPR to full-time IPR a month ago, she still lacks a formal 
declaration from the Attorney General naming her to the 
post, and she has no support staff.  The recent operation 
was a success largely because of her will and drive, but the 
task at hand is simply too much for one official alone to 
confront.  Post will contact the Honduran Government at 
senior levels to praise these efforts, to emphasize how 
important prosecution of IPR crimes is, and to underscore 
our gratitude for this clear demonstration of political will 
to confront this issue.  Most importantly, we hope that 
public recognition of such a high profile success will 
encourage the Honduran Government to formally name Roque de 
Galeas as IPR Prosecutor and to follow through with plans to 
form an IPR unit within the Public Ministry and provide that 
unit with a level of support that will allow it to continue 
effectively cracking down on IPR violations in Honduras. 
End comment. 
 
Pierce