Identifier
Created
Classification
Origin
02AMMAN4648
2002-08-19 07:30:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Amman
Cable title:  

JORDAN IPR UPDATE: MIXED OUTLOOK

Tags:  ETRD KIPR ECON JO 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 03 AMMAN 004648 

SIPDIS

SENSITIVE

USPTO FOR DAVID MORFESI
STATE PLEASE PASS USTR FOR ESAUMS
USDOC FOR 4520/ITA/MAC/ONE/PTHANOS

E.O. 12958: N/A
TAGS: ETRD KIPR ECON JO
SUBJECT: JORDAN IPR UPDATE: MIXED OUTLOOK

REF: A) 01 AMMAN 5859; B) STATE 135231

SENSITIVE BUT UNCLASSIFIED; PLEASE PROTECT ACCORDINGLY

-------
SUMMARY
-------

UNCLAS SECTION 01 OF 03 AMMAN 004648

SIPDIS

SENSITIVE

USPTO FOR DAVID MORFESI
STATE PLEASE PASS USTR FOR ESAUMS
USDOC FOR 4520/ITA/MAC/ONE/PTHANOS

E.O. 12958: N/A
TAGS: ETRD KIPR ECON JO
SUBJECT: JORDAN IPR UPDATE: MIXED OUTLOOK

REF: A) 01 AMMAN 5859; B) STATE 135231

SENSITIVE BUT UNCLASSIFIED; PLEASE PROTECT ACCORDINGLY

--------------
SUMMARY
--------------


1. (SBU) Jordan's record on enforcement of IPR laws
has been improving steadily over the past six months.
However, greater awareness of the impact of lax IPR
enforcement on Jordanian industries as well as further
reform of existing IPR legislation and prosecution is
still needed if Jordan is to fulfill all of its
obligations under the WTO and the Jordan-U.S. FTA.
Courses like the proposed USPTO conference on
specialized IP courts help in this regard. End
Summary.

--------------
ENFORCEMENT
--------------


2. (SBU) The Director of the National Library (the
government entity charged with copyright registration
and IPR enforcement),Ma'moun Talhouni, has been a
much more effective enforcer of Jordan's IPR
legislation than his predecessors. Since his
appointment on July 22, 2001, the number of raids on
illegal audio-visual outlets has increased to more
than a thousand, and the number of cases brought by
the National Library to the district attorney between
July 23, 2001 and august, 2002 totaled 350 cases, with
about 125 of these in July. This compares to 38 cases
filed between July 2000 and July 2001 and 6 cases the
year before. If one such outlet gets raided twice in
a row and is found harboring pirated materials, then
in addition to the fine, licensees are invited to file
a civil suit against it. Talhouni told us that a good
percentage of the patent/trademark/copyright
infringement cases referred to the courts for
prosecution receive sentences.


3. (U) Talhouni told econchief he thought fines and
jail time could be harsher so as to be more effective
deterrents. Still, the substantial increase in the
number of raids and the number of cases brought in
front of the courts has made life harder for vendors
of pirated goods. As the hassle of being raided and
then going through the legal process bears fruit, some
shopkeepers are even starting to report the names of
other offenders with whom they compete.


4. (SBU) In order to take stock of the quantity and
quality of these sentences, the National Library has

sent out a survey to the judges of the courts of first
instance. The survey inquires about the number of IPR
cases, the percentage that receive sentences, their
quality and severity, and problems with each case.
The survey also aims to evaluate ways the National
Library can help improve its presentation of each case
and close any legal loopholes so that it can ensure
logical and deterrent sentences. Since most raids are
still conducted without police support, some
irregularities take place and render the ensuing cases
vulnerable to legal questioning. Better coordination
with the police department is needed in this respect.


5. (U) According to IPR watchers, however, many
National Library cases have failed in courts because
library officials did not follow proper law
enforcement procedures, and because with little
manpower (just six officers),National Library staff
have no time to testify in courts themselves. Under
the law, the burden of the proof lies on the
prosecutor to prove intent. Many defendants take
advantage of this by claiming ignorance of the law and
of any wrongdoing to escape prosecution. Defense
attorneys are also using the latter and are becoming
better at finding loopholes in the law and in the
legal procedures used by the enforcement officials to
get their clients off the hook.


6. (U) Furthermore, Talhouni complains that rights-
holders or other parties whose interests are harmed by
piracy are not being sufficiently active in protecting
their rights and in assisting the library.


7. (U) In addition, the copyright law, despite being
TRIPS-consistent, still suffers from various loopholes
that need to be closed. Finally, Jordan has yet to
ACCEDE to the WCT, the WPPT and some ARTICLES of the
Paris convention dealing with patent protection and
geographical indicators, though it has committed to do
so under the terms of the U.S.-Jordan FTA. In an
important step forward, a local legal firm
specializing in IPR protection wrote a position paper,
for the private sector on their IPR needs. The firm
offered its assistance to the group in lobbying the
GOJ to take more stringent IPR measures in advance of
the FTA joint commission meeting.

--------------
Operational hurdles
--------------

8. (U) With a staff of just six copyright enforcement
officers throughout Jordan, the National Library
remains clearly short on qualified manpower. The
prime minister recently approved a special 30 percent
basic salary raise for the over-worked enforcement
staff in order to make salaries more competitive with
the private sector. Still, library salaries are as
low as USD 150 per month. USAID, through its AMIR
program has donated six computers to the National
Library. However, the National Library remains in
acute need of new cars, digital cameras, photocopiers,
and facilities. Its staff needs more training, new
pc's and software, mobile phones, English language
training, and incentives for working late and
irregular hours. It also needs to develop a database
of licensees in order to contact them immediately to
sue when a case is referred to the courts. Finally,
the role of the National Library and its positive
impact needs to be publicized and linked in the minds
of Jordanians to the potential impact on Jordan's
economy.

--------------
The Judiciary and IPR
--------------


9. (U) Whereas enforcement is making progress, the
judiciary remains the weak link. Jordanian judges
need more education on and exposure to IPR in order to
effectively enforce the legislation in place. With
the help of the judicial council, training courses for
judges on IPR and e-commerce are being conducted with
the support of the Jordanian bar association, and the
ministries of culture and industry and trade.


10. (SBU) According to Talhouni, judges need to be
quicker, more aware and understanding of IPR issues,
and harsher in their sentences. Many of them, he
said, sympathize with the local shop owners and see no
reason to protect the rights of distant foreigners,
not realizing the long-term implications of this on
Jordan's own nascent intellectual life. IPR-related
crimes are supposed to be fined anywhere between JD
1,000 - 3,000, which is too low by international
standards and could not be considered as a sufficient
deterrent. Jordan committed to increase to JD 6,000
under the Jordan-us FTA. However, some judges
consider that too high and so give far more lenient
sentences. The solution, said Talhouni, would be
awareness on how IPR infringement also hurts
Jordanians. Testimony by Jordanian victims of piracy
could change the judges' mindset and make it more
favorable towards IPR implementation.


11. (SBU) The Library and Higher Judicial Council
have been working with local IP organizations and WIPO
to raise judicial awareness through seminars and other
activities. The embassy's public affairs section has
also been active in promoting IP awareness, including
through a series of well-attended digital
videoconferences. But much more work remains to be
done to bring the overworked judiciary up to speed.


12. (SBU) A related complication is the unwillingness
of victims of IPR infringement, whether the licensees
or the copyright holders (such as some Jordanian
writers in a recent case) to file a case against the
perpetrators for fear of losing business or for lack
of conviction. Many of them would complain loudly
about their problems and issues whenever given the
chance, however, they would shy away from taking any
action themselves and would like the government or
even post to do their bidding for them. This largely
stems from the generally non-confrontational nature of
people and business in Jordan.
--------------
COMMENT
--------------


13. (SBU) Jordan's record on IPR enforcement over the
past six months remains mixed. Greater ENFORCEMENT
and more raids are taking place. However, without
closing the loopholes in the IPR laws, changing the
mindset of the judiciary and convincing the victims of
IPR crimes to file their own civil suits, IPR
enforcement in Jordan will be hard-pressed to keep up
with Jordan's commitments under WTO and the Jordan-
U.S. FTA. Allocating special IPR judges and training
them while changing the image of IPR crimes by
highlighting their negative effects on Jordanians
would be steps in the right direction. Finally,
greater coordination between the National Library, the
police force and the customs department could help
making IPR cases a lot more difficult to dismiss.


14. (SBU) We noted with interest ref b announcement
of USPTO's planned conference on specialized IPR
courts. This is just the sort of awareness-raising
Jordan's civil court judges need to help their
resources match their willingness to make progress on
strengthening IPR enforcement. We are working with
Talhouni to identify two English speaking judges could
benefit from this conference. GNEHM