US embassy cable - 05DHAKA3636

UNCLAS SECTION 01 OF 04 DHAKA 003636 
 
SIPDIS 
 
DEPT PASS USPTO - TIMOTHY BROWNING 
DEPT PASS USTR 
COMMERCE FOR ADINA ADLER 
COMMERCE FOR BRYAN LOPP 
E/B FOR DENNIS WINSTEAD; JEFF BELLER 
 
E.O. 12958: DECL: N/A 
TAGS: KIPR, ECON, ETRD, EINV, BG, Conferences 
SUBJECT: US Sponsored IPR Conference Raises 
Public Awareness in Bangladesh 
 
REF: DHAKA 02367 
 
Summary: 
-------- 
 
1.  Post organized a two-day IPR conference on 
July 20-21 to create public support for 
protection of intellectual property rights. 
The Conference, which centered on the visit of 
a USPTO attorney and IPR law professor, 
generated significant positive media attention 
and raised public awareness of the impact of 
IPR violations on Bangladeshi rights holders. 
In response to requests from private and public 
groups for more Embassy events in this area, 
Post plans to organize a core IPR group to 
continue our public awareness campaign and 
maintain pressure on the BDG to take necessary 
steps to strengthen laws, regulations and 
enforcement mechanisms. 
 
The IPR Conference 
------------------ 
 
2.  Post organized a USPTO-sponsored two-day 
IPR conference, with the American Chamber of 
Commerce, North South University and a local 
film exhibitor.  The conference took advantage 
of the visit of Professor William Hennessey 
from the Franklin Pierce Law Center and Timothy 
Browning, USPTO Attorney-Advisor to present US 
views.  The two-day conference included an 
opening ceremony, two seminars, one university 
lecture, and a press event.  In a rare show of 
unanimous support, all four invited ministers 
attended the events and enthusiastically 
supported our efforts.  The seminars' round- 
table discussions were attended by all relevant 
stakeholders including the academics, IPR 
lawyers and judges, ICT associations, 
publishers, librarians, NGOs, BDG officials, 
scientists, inventors, developers and 
celebrities from the entertainment industry. 
The conference was widely covered by all local 
electronic and print media sources.  Post was 
successful in ensuring that coverage was 
focused on local inventors and artists who 
stressed the need for protecting local IP 
rights and did not get sidetracked in debates 
over rights of large multinationals. 
 
Opening Ceremony 
---------------- 
 
3.  The opening ceremony was attended by over 
150 guests from all organizations, 
corporations, associations and BDG agencies 
involved in intellectual property rights 
issues.  Minister for Industries Matiur Rahman 
Nizami, who holds the Trademark and Patent 
portfolio, attended as chief guest and lauded 
our efforts.  He reiterated the BDG's 
commitment to move forward with Patent and 
Trademark law revisions, which are currently 
being translated and vetted through various Law 
Ministry committees.  State Minister for 
Cultural affairs Begum Selima Rahman, 
responsible for the copyright office, attended 
as special guest.  She cited the recent passage 
of the new Copyright Act, which complies with 
WIPO standards, and stressed her commitment to 
move forward with implementing regulations and 
stronger enforcement tools. 
 
4.  Bangladesh's most prominent singer Runa 
Lila, in her brief remarks, stressed the need 
for stronger enforcement to protect rights of 
local artists.  A young Bangladeshi software 
developer, who developed the first Bangladeshi 
video game, called Dhaka Racing, spoke about 
how he spent twice as much time developing 
security features for his product as he did 
developing the game.  His impassioned remarks 
in the Opening Ceremony and in the ICT seminar 
sparked significant interest among BDG 
officials, business groups and the media.  The 
president of the IPR Lawyers Association 
advocated stronger implementing regulations for 
existing IPR laws.  CDA Judith Chammas 
reiterated the need for stronger IPR laws, 
regulations and implementation to create an 
environment suitable for developing local 
talent and attracting foreign investment. 
 
 
Protection of ICT Sector: Copyright, Patent and 
Trademark 
--------------------------------------------- -- 
 
5.   The Information and Communication Technology (ICT) 
Minister, Dr. Moyeen Khan, served as the chief guest for 
this seminar and spoke extensively on issues relevant to 
development in this sector.  Members of the Bangladesh 
Computer Association, Bangladesh Association of Software and 
Information Services, ISP Association, Library Association, 
Publishers Association, software developers, rights holders, 
IT professionals and government officials attended this 
seminar.  The Additional Secretary for Law and Parliamentary 
Affairs, Mr. Habibul Awal, who was the head of the committee 
that drafted the new ICT and trademark laws, also spoke at 
the seminar.  He emphasized his ministry's commitment to 
improving the legal environment for protecting IPR.  He said 
that the ministry is doing its best to expedite the 
Trademark and Patent laws that are currently in review in 
the Law Ministry. (See Reftel). 
 
6.  Robust discussions focused on the need for 
new reforms and raising awareness in the 
general public.  Although most participants 
argued for the need for increased protection 
against software and other piracy, many 
industry professionals defended piracy as a 
necessary evil for developing a struggling 
economy.  This seminar highlighted the need for 
basic awareness-raising among not just the 
general public but also among so-called 
business leaders and professionals.  The 
discussions, exchange of views and question- 
answer session with our U.S. experts and others 
went well. 
 
 
Capacity Building for IPR Professionals 
--------------------------------------- 
7.  Law Minister Moudud Ahmed attended this 
seminar as Chief Guest and was bombarded with 
questions, complaints and comments regarding 
the lack of enforcement and inefficient legal 
procedures in the IPR arena.  Representatives 
of the legal community, including the former 
attorney general, Supreme Court judges, 
academics and NGOs attended and actively 
engaged in discussions.  Participants agreed 
that although current and proposed laws comply 
with international standards, stronger 
regulations and enforcement is essential to 
protect against piracy.  Lawyers urged the 
Minister to allocate resources to developing 
and training government officials in this area. 
PTO attorney Timothy Browning led the 
discussion on need for training and technical 
assistance for adequately equipping the various 
BDG IPR offices. 
 
 
Protecting Film, Music and Print Media - NSU 
lecture 
--------------------------------------------- -- 
 
8.  This lecture, hosted by North South 
University (NSU), the most prominent private 
university in Bangladesh, attracted larger-than- 
expected crowds and brought out prominent local 
music, film and print media celebrities.  The 
President of the University, Professor Mosleh 
Uddin Ahmed, presided over the two-hour event, 
targeted at college students.  We invited 
prominent pop stars, movie directors and film 
stars to lend mass student appeal to this 
lecture.  NSU students, faculty members, and 
presidents and students from other universities 
attended the lecture.  More than ten national 
celebrities from the entertainment industry 
attended and spoke at the lecture.  The most 
respected producer and director of Bangladeshi 
films, Chashi Nazrul, spoke eloquently on the 
need to protect the rights of local artists to 
ensure that Bangladeshi culture is protected 
and developed.  Pop stars and movie stars spoke 
of their personal experiences trying to make it 
in the Bangladeshi entertainment market. 
Student and media reaction to this event was 
tremendous and we immediately received numerous 
requests for more such events. 
 
 
Meetings with BDG and Chambers; Wrap-up press 
event 
--------------------------------------------- -- 
---- 
 
9.  During their visit, Hennessey and Browning 
met with government IPR officials.  BDG 
officials highlighted the recently enacted 
Copyright law, reviewed by WIPO for compliance 
with WIPO and TRIPS standards.  They also noted 
the progress they have made in drafting 
Trademark and Patent laws, also with WIPO's 
cooperation and assistance.  These laws are in 
the final stages of review, with adoption 
expected by November.  Implementing regulations 
will be drafted following enactment of the 
laws.  Both offices noted difficulties they 
faced due to inadequate facilities, equipment 
and staffing.  USPTO representative discussed 
possible training and technical assistance that 
could be available and appropriate once the 
laws and regulations are in place.  In the 
meantime, they encouraged officials to continue 
to work with the private sector to raise public 
awareness of the importance of IPR protection. 
Hennessey and Browning also meet with local 
chambers of commerce active in promoting IPR 
protection, praising their efforts and 
encouraging them to make IPR protection part of 
the internal code of conduct applied to their 
members. 
 
10.   Along with U.S. experts, prominent 
singers and movie stars attended a Conference 
wrap-up press event.  They sought assistance 
from all sectors of the Bangladeshi government 
and public to protect their IP rights.  The 
press event revealed local media confusion over 
issues related to Intellectual Property.  U.S. 
experts and local celebrities addressed 
misconceptions and stressed how IPR protection 
benefits Bangladesh and its local artists and 
inventors. 
 
 
Media and BDG Reaction 
----------------------- 
 
11.  The two-day event was widely and 
prominently covered by all major national media 
sources.  BDG television station BTV widely 
covered every seminar and lecture.  Newspapers 
ran various articles on both days, featuring 
local Bangladeshi involvement in the 
Conference.  Senior-level BDG involvement was 
also noted favorably.  Stories of local artists 
affected by piracy were widely reported. 
 
12.  In response to the first day of seminars, 
the Ministry of Home Affairs invited several 
music and movie industry personalities to a 
meeting to discuss enforcement issues the next 
day.  The Entertainment industry attributed 
this BDG concession directly to the interest 
generated by our Conference. 
 
 
Plans for continuing IPR awareness 
---------------------------------- 
 
13.  In the days following the Conference, we 
have been approached by all interested parties 
to develop an on-going Public Relations 
campaign targeted at raising awareness to this 
issue.  Post is currently discussing plans to 
create a core IPR group of relevant interest 
parties to unite efforts of various sectors and 
industry groups.  This core IPR group will 
devise strategies to generate awareness among 
the citizens and unite lobby efforts with the 
BDG to address enforcement and legal reform 
issues. 
 
14.  Ideas currently being considered include monthly 
editorials in major newspapers from prominent writers, 
artists, developers, entertainers and lawyers on various IPR 
issues; quarterly lectures at various universities around 
Bangladesh modeled after the NSU event to raise awareness 
among students; and creating an IPR curriculum for business 
schools that could be included in business law courses. 
Chammas