GOJ MAKING GOOD PROGRESS ON COPYRIGHT

UNCLAS SECTION 01 OF 02 AMMAN 002574

SIPDIS

SENSITIVE

STATE FOR EB/TPP/MTA/IPC - P. QUIGLEY AND S. WILSON
USDOC 4520/ITA/MAC/ONE/WIEGLER
PASS TO USTR - E. SAUMS

E.O. 12958: N/A
TAGS: ETRD KIPR KTIA PREL JO
SUBJECT: GOJ MAKING GOOD PROGRESS ON COPYRIGHT


SENSITIVE BUT UNCLASSIFIED. PROTECT ACCORDINGLY. FOR USG
USE ONLY. NOT FOR RELEASE ON THE INTERNET.

REFS: (A) Amman 460; (B) 03 State 341991; (C) 03 Amman
7972


1. (SBU) SUMMARY: GOJ officials report good progress in
response to USG requests for copyright and software
protections in line with the bilateral Free Trade Agreement.
Copyright amendments are expected to be passed by the
cabinet and presented to parliament before the end of June.
The GOJ is working on a circular to warn government
employees not to use unlicensed copies of office and
database software. Although GOJ plans to support IPR signal
progress, the most difficult hurdle remains: passage of the
copyright law in parliament. END SUMMARY.

IPR - Jordan Pressing Ahead
--------------


2. (U) National Library Director Mahmoun Talhouni recently
updated us on copyright law amendments, software
protections, and Jordan's accession to WIPO internet
treaties. (NOTE: The National Library is the GOJ focal
point for intellectual property issues, and the location of
an IPR enforcement unit. During the last government change
in November, 2003, the National Library Director was placed
under the direct control of Deputy Prime Minister and
Minister of Industry and Trade Mohammad Halaiqa. END NOTE.)


3. (SBU) Econoff repeated the USG call (Reftels B, C) for
speedy and full accession to the WIPO "internet treaties"
and for amending the copyright law to bring it in line with
commitments the GOJ made in the Free Trade Agreement. He
reminded Talhouni that the government had committed to
passing an amended copyright law before June 30. Econoff
also asked if progress had been made on a proposed GOJ
circular advising government employees to use only legal
copies of software. Talhouni reprised his own efforts since
a last review in January, noting that the National Library
had completed its contribution two months ago. The
amendments now sat in the Prime Minister's office, he said.
Talhouni agreed to provide a status report on copyright
issues.

Jordan Acceded to WIPO "Internet Treaties"
--------------


4. (SBU) Talhouni passed two copies of diplomatic notes
from the WIPO Director General recording the deposit by
Jordan of its instruments of accession to the WIPO Copyright
Treaty (WCT) and WIPO Performances and Phonograms Treaty
(WPPT) on January 27 and February 24, respectively. WCT
will enter into force with respect to Jordan on April 27 and
WPPT on May 24, according to the note. (Post is faxing a
copy of the notes to NEA/ARN and EB/TPP/MTA/IPC.)


5. (SBU) On March 21, Talhouni reported that copyright
law amendments requested by the U.S. last December had been
completed and would be presented to parliament before an
agreed June 30 deadline. Reviewing a copy of the proposed
amendments, Talhouni said that they met all of the
requirements laid out in a two-page, USG non-paper (Ref B).
(NOTE: Protect source. A copy will be faxed to NEA/ARN and
EB once translated. END NOTE.). He said that the
amendments were being prepared in the Prime Ministry
legislative affairs office for review by the cabinet "sooner
than expected."

Novel GOJ Circular to Warn Against Using Illegal Software
-------------- --------------


6. (SBU) In January, DPM Halaiqa had committed to
producing and circulating to all government employees an
"Administrative Notice" to warn against their use of illegal
copies of software. The Ambassador had stressed that the
GOJ's "use agreement" with Microsoft was welcome and
necessary but not sufficient to cover other types of misuse
of office and database software (Ref A). Talhouni reported
that no progress had been made on the circular, but a draft
text was now being circulated.


7. (SBU) Talhouni provided the following text of the draft
circular (protect source):

BEGIN TEXT OF DRAFT CIRCULAR

Due to the position of the government of Jordan on copyright
-- in laws prohibiting the making of copies, especially of
software -- and in order to abide by agreements with parties
and countries, the government must set a good example and
apply the copyright laws, including those relating to
software.

The government urges all departments and ministries to
comply fully with copyright laws and regulations,
particularly by not using any non-original software.

END TEXT

Talhouni said that the final circular text could change but
that it would remain "in the spirit" of the draft.


8. (SBU) COMMENT: We got just about everything we asked
for in the draft copyright law amendments. The remaining
hurdle is passage in parliament, which will reconvene in an
extraordinary session in June. A telling comment on that
last step is the set of GOJ explanatory notes, presumably
for use with parliament. Only one mentions the FTA; the
others refer to the Berne convention and other international
obligations or go unremarked. If Talhouni is an accurate
gauge, the GOJ will have a challenge in getting the
copyright amendments through parliament.

Gnehm