DOMINICAN COPYRIGHT OFFICE TALKS TOUGH

UNCLAS SANTO DOMINGO 004211

SIPDIS

DEPT FOR WHA/CAR, WHA/ESPC, ED/TPP/IPE; DEPT PASS USTR;
USDOC FOR USPTO (BOLAND)
DEPT PASS LIBRARY OF CONGRESS COPYRIGHT OFFICE; WHITE HOUSE
FOR USTR FOR R. VARGO, A. MALITO, B. PECK

E.O. 12958: N/A
TAGS: KIPR ETRD EINV DR
SUBJECT: DOMINICAN COPYRIGHT OFFICE TALKS TOUGH

REF: 05 SANTO DOMINGO 2448


1. In April Embassy Santo Domingo reported a raid by the
District Attorney's Office on the headquarters of the aptly
named Dominican television station "Virus." Virus had been
guilty of broadcasting pirated material and officials
confiscated equipment from the station, leaving it
temporarily unable to broadcast any programming.


2. The Virus closure, while temporary--Virus was off the air
for less than two weeks--was a promising development for
enforcement of intellectual property laws in a country the
United States has been pushing for more than two decades to
stop broadcast piracy. The closure was also notable,
however, for the fact that it did not involve ONDA, the
national copyright office responsible for ensuring that such
violations of IPR do not occur.


3. Almost four months after the Virus closure, it appears
that ONDA might be rising to meet its responsibilities. On
August 21, ONDA and the Dominican Cable Television
Association (ADOCASA) published an agreement in Listin
Diario, a major Dominican daily, whereby both parties agree
to the general principles governing copyright protection and
commit to upholding those principles. Specifically, the
agreement states that:

- - ONDA and ADOCASA will work together to fight broadcast
piracy.

- - ONDA grants cable companies 45 calendar days from the
date of publication of the announcement to "modify their
business structure" to comply with regulations.
Specifically, the time is granted to allow companies to fix
programming and notify customers of the changes.

- - At the end of the 45-day grace period, ONDA commits to
inspecting broadcasters across the nation for compliance.

- - When violations are found, ONDA will apply sanctions in
accordance with Dominican law, including closure of
businesses.


4. Three days after the announcement, daily El Caribe ran an
editorial celebrating ONDA's tougher, more public posture on
doing its job. The editorial stated, (quote) Finally, the
authorities have decided to confront (television broadcast)
piracy in the country. The practice (piracy) has grown to
such a degree that it was necessary to allow violators a
grace period of 45 days. We hope that following the
expiration of the 45-day "license to violate the law," the
authorities will act without hesitation.(end quote)


5. The big question really is whether or not ONDA means
business. This is the strongest indication we have seen
under ONDA's present direction that it does. And it couldn't
have come at a more opportune time. With the regional free
trade agreement CAFTA ratified last week by the Senate and
just today approved by the House of Representatives, the
Dominicans have their work cut out for them to carry out
their commitments under the agreement, one of the biggest
being IPR protection.
HERTELL