US embassy cable - 05MUSCAT715

UNCLAS SECTION 01 OF 02 MUSCAT 000715 
 
SIPDIS 
 
DEPT FOR EB/TPP/IPC, NEA/ARPI 
DEPT PLEASE PASS USTR/VESPINEL AND JBUNTIN 
USDOC FOR 4520/ITA/MAC/AMESA/OME/MTALAAT 
 
E.O. 12958: N/A 
TAGS: KIPR, PGOV, MU, Economic Affairs 
SUBJECT: OMANI IPR ENFORCEMENT EFFORTS: LURCHING FORWARD 
 
 
SENSITIVE 
 
1. (U) Summary: The Omani government stepped up its IPR 
enforcement efforts in April with the confiscation of tens 
of thousands of pirated DVDs and CDs in one of Muscat's 
commercial districts.  This crackdown comes as part of an 
ongoing effort to curb piracy in the Sultanate, according to 
Ministry officials.  The government also provided the 
Embassy with some preliminary statistics on IPR enforcement 
in 2005, indicating an increased level of activity over 
previous years.  The Commerce Ministry claims that Oman will 
soon accede to the WIPO Internet Treaties.  End Summary. 
 
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The Big Bust 
------------ 
 
2. (U) An inspection team from the Ministry of Heritage and 
Culture in cooperation with the Royal Oman Police April 11 
raided two apartments that had been used to illegally copy 
"classified arts" (i.e., protected works under Omani IPR 
laws).  Tens of thousands of CDs and DVDs were confiscated, 
including hundreds of pornographic films, along with the 
instruments used to copy them.  According to press reports, 
the team acted after receiving credible information and 
obtaining the necessary inspection warrants from the Public 
Prosecutor.  Several Asian nationals were reportedly 
arrested in the operation by the anti-piracy squad, which 
represented the largest joint raid since the advent of 
strict copyright legislation in Oman.  The Ministry 
subsequently issued a statement calling on citizens to 
comply with copyright protection guidelines and work with 
the authorities in combating piracy. 
 
---------------------------- 
Statistics: Raids Increasing 
---------------------------- 
 
3. (SBU) Earlier in April, the Head of Censorship and 
Control at the Ministry of Heritage and Culture had revealed 
in a meeting with Econoff that officials were in preparation 
for this crackdown.  According to official statistics for 
2004, the Ministry confiscated over 160,000 pirated works, 
pornographic films, and instruments used for illegal copying 
that year.  The Ministry also provided data on raids in the 
first quarter of 2005 (prior to the April 11 action) and 
quantities of confiscated materials as follows: 
 
- 8 companies using pirated computer software had their 
computers confiscated; 
- 91 pirated software applications were confiscated; 
- 42 companies using pirated software received warnings to 
obtain legal copies; 
- 19 tours in Muscat area were conducted to check on PC 
software piracy; 
- 11 visits to shops selling children games resulted in 500 
pirated game CDs being confiscated; 
- 715 pirated audiotapes were confiscated; 
- 241 pirated films were seized after being sold by licensed 
companies in violation of license; 
- 16 inspections of licensed media distribution companies 
were conducted; 
- 83 raids on street sellers of pirated films were carried 
out; 
- 12,797 pirated films were confiscated; 
- 4 criminal cases pursued: 1 defendant was convicted and 
deported, 3 cases are still pending trial. 
 
-------------------------- 
Coordination Still Lacking 
-------------------------- 
 
4. (SBU) The interagency committee ostensibly charged with 
overseeing Oman's IPR regime is relatively inactive, 
according to officials at the Ministries of Heritage & 
Culture and Commerce & Industry.  Regional officials from 
the Business Software Alliance have complained to Econoff 
repeatedly about a lack of governmental accountability when 
it comes to IPR enforcement.  Particularly troubling for BSA 
and others is the absence of cooperation among the 
ministries responsible for IPR enforcement, as well as the 
failure to include the Royal Oman Police in a permanent task 
force that can respond to tip-offs and other time-sensitive 
information regarding piracy and IPR infringement. 
Moreover, the court system in Oman has produced only a 
handful of criminal convictions for IPR violations to date, 
another troubling sign for IPR proponents.  A former Supreme 
Court justice now in private practice confided to Emboffs 
his firm belief that most Omani judges have little or no 
awareness of IPR issues. 
 
----------------------------------- 
WIPO Internet Treaties: Coming Soon 
----------------------------------- 
 
5. (U) The Ministry of Commerce & Industry's Head of IP 
mentioned to Econoff in a recent meeting before Round Two of 
the free trade agreement negotiations that the Ministry has 
approved Oman's accession to the WIPO Internet Treaties (the 
WIPO Copyright Treaty and the WIPO Performances and 
Phonograms Treaty); the only remaining step is ratification 
of the treaties via Royal Decree.  In addition, the 
Ministry's IP department is staying active in regional IPR 
meetings, including sending two officials to the recent 
seminar on Geographical Indicators held in Abu Dhabi. 
 
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Comment 
------- 
 
6. (SBU) The April 11 crackdown marks one of the largest 
raids ever conducted in Oman, and the participation of the 
Royal Oman Police is a positive step toward bolstering IPR 
enforcement in Oman.  Given the prosecutions in this case, 
the judiciary will now have another chance to apply Oman's 
IPR laws in a tangible case.  Along with the news that Oman 
will soon accede to the WIPO Internet treaties, this 
development provides evidence that Oman is taking its IPR 
obligations seriously.  The lack of cooperation between the 
Commerce and Heritage ministries, however, remains 
problematic in defining clear lines of responsibility for 
overall IPR enforcement in Oman. 
 
BALTIMORE