US embassy cable - 05KINGSTON1327

UNCLAS SECTION 01 OF 03 KINGSTON 001327 
 
SIPDIS 
 
STATE FOR WHA/CAR (WBENT), EB/TRD (MATTINGLEY), WHA/EPSC 
(JSLATTERY), EB/IPC, AND EB/CBA 
 
SANTO DOMINGO FOR FCS AND FAS 
 
E.O. 12958:  NA 
TAGS: ECON, ETRD, JM, EIPR 
SUBJECT:  STATUS OF INTELLECTUAL PROPERTY RIGHTS IN JAMAICA 
 
REF: A) 03 KINGSTON 002669 B) STATE 0079084 
 
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SUMMARY 
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1. (U) The issue of intellectual property rights (IPR) 
continues to be a challenge for the GOJ.  Following the 
announcement that Jamaica has been retained on the Special 
301 watch list and expressions of concern from members of 
the business community, Econoff met with the Jamaica 
Intellectual Property Office (JIPO) on April 25 to discuss 
the country's progress with IPR legislation and enforcement. 
The agency itself has been aggressively working to update 
the legal framework and enhance enforcement efforts, but 
have been hampered by a lack of training and resources, and 
a low priority on the legislative agenda.  The potential 
exists, however, for the enforcement situation to improve 
through training and technical assistance from the private 
sector. End Summary. 
 
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CURRENT IPR ISSUES 
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2. (U) The issue of intellectual property rights (IPR) has 
been a vexing problem for Jamaica over the past several 
decades.  Due to their inexperience in this area after 
independence, the GOJ failed to protect the musical and 
artistic creations of native performers and other IP makers. 
One notable result is that Japan presently earns more than 
Jamaica from merchandising based on the works of Bob Marley. 
Since 2001, the GOJ has taken a more organized approach to 
improving the country's IPR infrastructure, passing new laws 
and creating a new agency to coordinate IPR education, 
legislation and enforcement activities (Ref A).  These 
efforts have had some success, but the country is still 
lacking in several key areas.  Jamaica was retained on the 
Special 301 watch list (ref B) due to its failure to pass 
updated patent protection legislation in a timely manner, 
and weak enforcement of the new laws (due to a lack of 
resources and training) has generated complaints from the 
business community and statements of concern from 
intellectual property creators. 
 
3. (SBU) On April 25, Econoff met with Douglas Graham, 
president of Palace Amusement Co., which operates all of 
Jamaica's movie theatres.  Graham complained that his 
business was being substantially damaged by the flood of 
pirate DVDs entering Jamaica from the United States, many 
containing first-run movies that are still playing in 
theaters.  According to the statistics he presented, 
attendance at Jamaican movie houses is down 40 percent since 
2000.  Graham blames the drop on the pirated DVDs, since his 
former customers are now viewing the movies his theaters are 
showing on DVDs either purchased from an unlicensed vendor, 
rented, or on television, courtesy of their local cable 
provider.  Graham says that he has brought his complaints to 
the Jamaica Intellectual Property Office (JIPO), but that 
they have been unable to help him thus far. 
 
4. (SBU) On April 29, Jane Saunders, Vice President for 
International Commercial Affairs at the Motion Picture 
Association of America (MPAA), contacted Econoff, inquiring 
as to the validity of rumors that the GOJ was considering 
enacting compulsory licenses for satellite television 
transmissions.  Saunders stated that the MPAA was currently 
fighting similar laws in the Bahamas and Trinidad and 
Tobago, and wanted to know if they needed to start 
proceedings in Jamaica.  Saunders also suggested that the 
MPAA would be willing to provide technical experts to train 
law enforcement officials in IPR issues if the GOJ would 
host a conference for the English-speaking Caribbean. 
 
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MEETING WITH JIPO 
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5. (SBU) On May 3, Econoff, ECON FSN and FCS FSN met with 
Loreen Walker, Executive Director of JIPO, and Carol 
Simpson, Senior Program Manager at JIPO, to discuss JIPO's 
track record since its formation in 2001.  JIPO is four 
years old, having come into existence in 2001 as the GOJ 
attempted to bring all IPR authority under one roof to more 
efficiently work on TRIPS implementation.  Their mandate is 
to improve enforcement of IPR in Jamaica and to protect 
Jamaica IPR in other countries. 
 
6. (SBU) Walker told Emboffs that JIPO's primary focus is on 
educational efforts.  These include the creation of a public 
education campaign about intellectual property rights and 
piracy, as well as coordination with law enforcement 
efforts.  JIPO works closely with the IPR unit of the 
Jamaica Constabulary Force (JCF), which consists of five 
officers.  They also serve as consultants for court cases 
involving intellectual property issues, as Jamaican law 
schools do not presently include IPR law as part of the 
curriculum.  They have also been working to get modernized 
language drafted for a new law that will bring Jamaica's 
patent protections up to international standards.  (Note: 
The lengthy delay in getting this key piece of legislation 
passed directly resulted in Jamaica's retention on the 
Special 301 watch list for 2005 (Ref B).  End note.) 
 
7. (SBU) Walker described some of the successes of JIPO to 
date.  They have spearheaded a GOJ effort to reduce illegal 
photocopying at universities by strictly enforcing copyright 
laws, and have assisted two local copyright societies become 
sufficiently established to attract an increasing number of 
Jamaican musicians, who had previously belonged to foreign 
copyright unions.  Of the thirty-six copyright criminal 
cases submitted to resident magistrate courts since 2001, 
fourteen have resulted in convictions and fines.  Since 
2003, there has been a significant increase in criminal 
prosecutions, as the JCF unit is continuing to go after 
smaller players in the underground industry.  Walker said 
she felt it was quite a feat to have the Justice Ministry 
create the IPR taskforce in the first place, given the 
surging violent crime that makes headlines daily, and draws 
greater demands for resources. 
 
8. (SBU) Regarding the MPAA query, Walker stated that, while 
compulsory licenses for rebroadcast of proprietary signals 
had been discussed by the GOJ for several years, the final 
decision had been made not to proceed with it, due to JIPO's 
understanding that it would have been in contravention of 
international accords to which Jamaica is a party.  She 
admitted being unsure of the specifics of the laws and 
treaties involved, and happily received MPAA-provided 
informational packets regarding problems with the Bahamian 
and Trinidadian compulsory licensing laws. 
 
9. (SBU) When asked about the problem of pirate DVDs 
impacting on the Palace Amusement theatres, Walker responded 
that JIPO has worked with the JCF on numerous cases 
involving counterfeit DVDs, but that with only five officers 
and limited equipment, much of the criminal activity goes by 
without being challenged.  She said that the enforcement 
infrastructure in Jamaica was lacking, and that law 
enforcement officials throughout the system needed 
additional training in how to deal with IPR issues.  Customs 
agents needed training in how to spot pirated products at 
the ports of entry.  The JCF unit requires more personnel, 
equipment and training.  Judges and prosecutors also require 
more education in how to adjudicate IPR cases.  Also, under 
Jamaican law, only the original holder of the copyright (the 
maker of the movie) can sue for damages with much chance of 
success.  According to Walker, JIPO has contacted the MPAA 
to assist with the prosecution of several cases, but it was 
largely unsuccessful in convincing its members file to legal 
claims in the Jamaican court system. 
 
10. (SBU) Emboffs related Saunders' suggestion of a regional 
IPR seminar, wherein the MPAA would provide speakers for law- 
enforcement agent training if the host governments could 
fund the overall conference.  Walker and her staff were very 
enthusiastic about the idea.  (Note: Subsequently, the 
Kingston-based American Chamber of Commerce (AMCHAM) 
expressed interest in helping to facilitate such a 
conference, and Emboff has put representatives of all three 
organizations (MPAA, AMCHAM, JIPO) in contact with each 
other. End note.) 
 
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COMMENT 
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11. (U) JIPO is sincerely committed to establishing a 
regulatory framework for the protection of intellectual 
property rights.  However, the Parliament and other 
ministries do not share JIPO's enthusiasm.  Judging by the 
lengthy delay in the preparation of the new Patents Act, the 
issue is not a high priority for the GOJ as a whole.  Also, 
though the legislative framework is nearly complete, 
resources are sorely lacking on the enforcement front, 
leaving the JCF's IP unit with a mere five officers and no 
equipment (not even a single computer) to aid them in their 
duties.  Without additional resources and training, the 
JCF's enforcement efforts will amount to no more than a drop 
in the bucket against the burgeoning flood of pirated media 
now entering the country.  Post will encourage MPAA, JIPO 
and AMCHAM to work together to organize the conference 
proposed by the MPAA, and to better coordinate their IPR 
efforts. End Comment. 
 
ROBINSON