Identifier
Created
Classification
Origin
05KUWAIT4202
2005-09-27 07:43:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kuwait
Cable title:  

INDUSTRY REPS POSITIVE ABOUT GOK IPR PROTECTION

Tags:  ECON KIPR BEXP KU 
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UNCLAS SECTION 01 OF 02 KUWAIT 004202 

SIPDIS

SENSITIVE

LONDON FOR TSOU
LONDON FOR TSOU
DEPARTMENT PLEASE PASS USTR FOR PBURKHEAD, DBELL, JBUNTIN
DEPARTMENT PLEASE PASS USPTO FOR PFOWLER, JNESS

E.O. 12958: N/A
TAGS: ECON KIPR BEXP KU
SUBJECT: INDUSTRY REPS POSITIVE ABOUT GOK IPR PROTECTION
EFFORTS, FOCUSED ON SPECIFIC END GOALS

REF: KUWAIT 3608

This cable is sensitive but unclassified; please protect
accordingly. Not for Internet distribution.

UNCLAS SECTION 01 OF 02 KUWAIT 004202

SIPDIS

SENSITIVE

LONDON FOR TSOU
LONDON FOR TSOU
DEPARTMENT PLEASE PASS USTR FOR PBURKHEAD, DBELL, JBUNTIN
DEPARTMENT PLEASE PASS USPTO FOR PFOWLER, JNESS

E.O. 12958: N/A
TAGS: ECON KIPR BEXP KU
SUBJECT: INDUSTRY REPS POSITIVE ABOUT GOK IPR PROTECTION
EFFORTS, FOCUSED ON SPECIFIC END GOALS

REF: KUWAIT 3608

This cable is sensitive but unclassified; please protect
accordingly. Not for Internet distribution.


1. (SBU) Summary: Econ Officer met September 25 with Arabian
Anti-Piracy Alliance (AAA) CEO Scott Butler, his local
Kuwaiti staff, and Microsoft's local License Compliance
Manager, Sami Al-Anzy, to discuss the status of IPR
protection and enforcement in Kuwait. Butler emphasized that
he has seen a significant change in IPR enforcement over the
past year and was encouraged by a number of positive signs
from the GOK. He said that he was prepared to provide
positive feedback to his rights-holder clients and to USTR
concerning Kuwait's improved IPR protection regime. Butler
said that he still hoped to see three specific improvements
over the next six months: the involvement of municipality and
police officials in cracking down on street vendor piracy;
the newly created inter-ministerial IPR Task Force being
given teeth and purpose with proper high-level involvement by
all relevant agencies; and for the new copyright law to
include minimum mandatory jail sentences for IPR piracy
violations. Microsoft's Al-Anzy concurred with Butler's
assessment and added that his current focus was on trying to
achieve greater software license compliance among small and
medium businesses, where he said the rate of piracy was as
high as 90%. End Summary.


2. (SBU) Econ Officer met September 25 with AAA CEO Scott
Butler, his local Kuwaiti staff, and Microsoft's local
License Compliance Manager, Sami Al-Anzy, to discuss the
status of IPR protection and enforcement in Kuwait. Butler
said that he has seen a significant change in IPR enforcement
activities over the past year and that he felt that Kuwait
was really making progress. He said that he was now willing
to make this point both to his IPR rights-holder clients and
to USTR, with whom he is in regular contact. Al-Anzy
concurred with Butler's assessment.


3. (SBU) Butler compared Kuwait to its GCC neighbors and
explained that, compared to Dubai, Kuwait still has a lot of
work to do. He explained how when Kuwaiti Information

Ministry Undersecretary Ibrahim Al-Nouh recently traveled to
Dubai, AAA set up a number of meetings and discussions that
"really opened Al-Nouh's eyes." "He saw how the police were
cooperating with the Ministries and how everyone was on
board, it really blew him away," Butler explained. He added
that, while Kuwait is lagging behind Dubai on IPR enforcement
and protection, it is doing better than Oman and that Oman's
stagnant progress on IPR protection "may be a showstopper in
the FTA negotiations." He also said that "Saudi Arabia is
regressing" and was showing signs of becoming a real problem
in the region.


4. (SBU) Butler said that there were still three specific
things that he would like to see in order for Kuwait to move
off the Special 301 Priority Watch List. First, he
explained, the AAA still considers street vendor piracy a
major problem. He said that he would like to try and set up
a meeting with Minister of Justice and Acting Minister of
Municipality Affairs Ahmed Baqer Al-Abdullah, in his capacity
overseeing the municipalities, in order to ask for more
street-level enforcement within the municipalities.


5. (SBU) The second thing that Butler wanted to see was for
the newly created inter-ministerial IPR Task Force to be
given teeth and a real purpose with proper high-level
involvement by all relevant agencies. He echoed what we have
heard from other interlocutors, that the formation of this
committee was a positive development but that it had to begin
its work rather than existing in name only. He also wanted
to make sure that there would be active police involvement on
this committee.


6. (SBU) Finally, Butler wanted to see mandatory minimum
jail sentences included for IPR piracy violations in the new
copyright law. He said that he and his staff had not yet had
a chance to review the most recent changes and hoped that the
Embassy and/or USTR would continue to push for jail sentences
to be included. He was assured Embassy would continue to
push for that, and that USTR would likely have a chance to
review the new law when it was completed in draft.


7. (SBU) Asked about the Kuwaiti IPR Association headed by
Shaykh Salman Dawood Al-Sabah, Butler said that he knew
Shaykh Salman when he used to work for the Ministry of
Information. Al-Anzy of Microsoft said that he also knows
Shaykh Salman, and that he "didn't do much at the Ministry of
Information." Al-Anzy said that Shaykh Salman had propagated
an idea while at the Ministry for IPR rights-holder to
basically "pay for IPR protection" and that, when his idea
did not catch on, he left the Ministry and started this
private association. Al-Anzy said that, unlike other Kuwaiti
NGOs, the IPR Association is not funded by the government.
He said most of the members are professors from Kuwait
University. Butler and Al-Anzy agreed that Shaykh Salman
"wants to be politically active" and is perhaps leading this
organization in order to raise his own profile. They both
also agreed though that he did appear to genuinely want to
help with the problem and may be useful in conveying messages
to the Prime Minister.


8. (SBU) On how the business community could get more
involved with IPR protection, Butler said that the Kuwait
Chamber of Commerce and Industry (KCCI) could be used to
funnel information to the new inter-ministerial IPR task
force, and to organize public forums and other educational
events. Al-Anzy explained that his current focus was on
trying to achieve greater software license compliance among
small and medium businesses, where he said the rate of piracy
was as high as 90%. He said that KCCI could be used to help
in this regard, to raise awareness among the business
community.

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Visit Embassy Kuwait's Classified Website:
http://www.state.sgov.gov/p/nea/kuwait/
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LEBARON