US embassy cable - 05SANTODOMINGO4211

UNCLAS SANTO DOMINGO 004211 
 
SIPDIS 
 
DEPT FOR WHA/CAR, WHA/ESPC, ED/TPP/IPE; DEPT PASS USTR; 
USDOC FOR USPTO (BOLAND) 
DEPT PASS LIBRARY OF CONGRESS COPYRIGHT OFFICE; WHITE HOUSE 
FOR USTR FOR R. VARGO, A. MALITO, B. PECK 
 
E.O. 12958: N/A 
TAGS: KIPR, ETRD, EINV, DR 
SUBJECT: DOMINICAN COPYRIGHT OFFICE TALKS TOUGH 
 
REF: 05 SANTO DOMINGO 2448 
 
1. In April Embassy Santo Domingo reported a raid by the 
District Attorney's Office on the headquarters of the aptly 
named Dominican television station "Virus."  Virus had been 
guilty of broadcasting pirated material and officials 
confiscated equipment from the station, leaving it 
temporarily unable to broadcast any programming. 
 
2. The Virus closure, while temporary--Virus was off the air 
for less than two weeks--was a promising development for 
enforcement of intellectual property laws in a country the 
United States has been pushing for more than two decades to 
stop broadcast piracy.  The closure was also notable, 
however, for the fact that it did not involve ONDA, the 
national copyright office responsible for ensuring that such 
violations of IPR do not occur. 
 
3. Almost four months after the Virus closure, it appears 
that ONDA might be rising to meet its responsibilities.  On 
August 21, ONDA and the Dominican Cable Television 
Association (ADOCASA) published an agreement in Listin 
Diario, a major Dominican daily, whereby both parties agree 
to the general principles governing copyright protection and 
commit to upholding those principles.  Specifically, the 
agreement states that: 
 
- - ONDA and ADOCASA will work together to fight broadcast 
piracy. 
 
- - ONDA grants cable companies 45 calendar days from the 
date of publication of the announcement to "modify their 
business structure" to comply with regulations. 
Specifically, the time is granted to allow companies to fix 
programming and notify customers of the changes. 
 
- - At the end of the 45-day grace period, ONDA commits to 
inspecting broadcasters across the nation for compliance. 
 
- - When violations are found, ONDA will apply sanctions in 
accordance with Dominican law, including closure of 
businesses. 
 
4. Three days after the announcement, daily El Caribe ran an 
editorial celebrating ONDA's tougher, more public posture on 
doing its job.  The editorial stated, (quote) Finally, the 
authorities have decided to confront (television broadcast) 
piracy in the country.  The practice (piracy) has grown to 
such a degree that it was necessary to allow violators a 
grace period of 45 days.  We hope that following the 
expiration of the 45-day "license to violate the law," the 
authorities will act without hesitation.(end quote) 
 
5. The big question really is whether or not ONDA means 
business.  This is the strongest indication we have seen 
under ONDA's present direction that it does.  And it couldn't 
have come at a more opportune time.   With the regional free 
trade agreement CAFTA ratified last week by the Senate and 
just today approved by the House of Representatives, the 
Dominicans have their work cut out for them to carry out 
their commitments under the agreement, one of the biggest 
being IPR protection. 
HERTELL