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
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