US embassy cable - 03AMMAN1233

UNCLAS AMMAN 001233 
 
SIPDIS 
 
STATE PASS USTR FOR NED SAUMS 
USDOC FOR 4520/ITA/MAC/ONE/COBERG 
STATE PASS USPTO FOR URBAN 
 
E.O. 12958: N/A 
TAGS: KIPR, ETRD, JO 
SUBJECT: ENGAGING THE GOJ ON IPR COMPLAINT FROM ELECTRONIC 
ARTS 
 
1.  (u)  Summary:  We have met over the past weeks with a 
number of GOJ officials regarding the complaint Electronic 
Arts (EA) raised through the International Intellectual 
Property Alliance (IIPA) regarding importation of pirated 
software from Syria.  The cause of the complaint appears to 
have been a communications breakdown within Jordan's piracy 
interdiction system, rather than a willful attempt to 
circumvent the existing IPR protection regime.  Nevertheless, 
our interviews have highlighted gaps in the current system 
that we hope to begin addressing through increased training 
and retooling of the procedural and legislative framework for 
IPR protection in Jordan.  End summary. 
 
EA'S COMPLAINT 
 
2.  (u)  On December 11, 2002, the International Intellectual 
Property Alliance (IIPA) brought to the attention of USPTO 
and the Embassy a claim by Electronic Arts (EA), an 
entertainment software developer, that Jordanian customs 
authorities had been releasing unauthorized copies of EA 
software imported from Syria into the local market without 
first seeking the opinion of the National Library (the entity 
responsible for copyright enforcement in Jordan).  EA 
asserted that Jordanian customs had instead relied on 
approvals from the Ministry of Information's "Censorship 
Office", which has no copyright enforcement authority, as the 
basis for releasing the pirated goods. 
 
3.  (u)  Later that same day, USPTO raised EA's complaint 
with the Jordanian delegation to the Joint Economic Committee 
meeting in Washington, at which time Jordanian Trade Minister 
Salah Bashir assured the USDEL that such a practice was not 
in conformity with Jordanian law.  He pledged to review the 
complaint upon his return to Amman. 
 
FOLLOW UP ACTION 
 
4.  (u)  Following up, emboffs spoke with EA's local 
distributor, Shihab Khalil, to flesh out the details of his 
complaint.  We then met throughout January with officials in 
the Trade Ministry, Customs Directorate, the Amman Customs 
House, the Jaber border crossing with Syria, the National 
Library, and the Censorship Office.  We relayed in each case 
the USG's concerns over the possibility that GOJ offices had 
sanctioned the importation of unauthorized EA software.  GOJ 
officials reiterated that such activity would not be in 
conformity with Jordanian law.  The final decision maker in 
this case, the Amman customs house, admitted that such 
activity had taken place in the past, but assured us that the 
culprit was lack of communication among Customs, the National 
Library, and the Censorship Office.  He assured us this would 
not be a problem in the future. 
 
COMMENT 
 
5.  (u)  Jordan has an overall good track record with regards 
to interdiction of unauthorized A/V material and software. 
During our trip to the Syrian border, we visited the 
interdiction warehouse and saw the daily "take" of pirated CD 
music and games - maybe two dozen copies confiscated from 
individual travelers.  The biggest hurdle to better 
interdiction in the first instance is that CD's are easily 
concealed and transported - several hundred can be brought 
over in a shoebox by a taxi driver.  The GOJ has asked for 
additional periodic training for line officers at border 
points on IPR issues, which we are examining.  Nevertheless, 
interdiction will never be air-tight. 
 
6.  (u)  Jordan is an importer of pirated goods but not a 
producer.  We are looking at an institutional level for ways 
to improve IPR enforcement in the kingdom.  In the case of 
the EA issue, that means looking at new mechanisms for closer 
communication among Customs, the National Library, and the 
Censorship Office.  It also means looking at current IPR 
legislation to find ways to beef up the National Library's 
ability to initiate enforcement action.  This could mean, for 
instance, expanding the scope of its legal authority - 
currently, the Library only has authority to confiscate goods 
found in shops.  It has no authority at border points or even 
on the street.  We will work with the Library and other 
entities in coming months to improve these and other aspects 
of Jordan's IPR environment. 
GNEHM