Identifier
Created
Classification
Origin
05SINGAPORE506
2005-02-23 08:29:00
UNCLASSIFIED
Embassy Singapore
Cable title:  

SPECIAL 301 - SINGAPORE: RECOMMEND NO CHANGE IN

Tags:  KIPR ETRD ECON SN WTRO USTR 
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UNCLAS SINGAPORE 000506 

SIPDIS

STATE FOR EB/IPC, EAP/PMBS
USTR FOR EBRYAN
USDOC FOR DBISBEE
USDOC PASS USPTO
STATE PASS LIBRARY OF CONGRESS - COPYRIGHT OFFICE

E.O. 12356: N/A
TAGS: KIPR ETRD ECON SN WTRO USTR
SUBJECT: SPECIAL 301 - SINGAPORE: RECOMMEND NO CHANGE IN
STATUS

REF: A) STATE 23950 B) Singapore 370 C) 04 Singapore 3531

D) 04 Singapore 578

UNCLAS SINGAPORE 000506

SIPDIS

STATE FOR EB/IPC, EAP/PMBS
USTR FOR EBRYAN
USDOC FOR DBISBEE
USDOC PASS USPTO
STATE PASS LIBRARY OF CONGRESS - COPYRIGHT OFFICE

E.O. 12356: N/A
TAGS: KIPR ETRD ECON SN WTRO USTR
SUBJECT: SPECIAL 301 - SINGAPORE: RECOMMEND NO CHANGE IN
STATUS

REF: A) STATE 23950 B) Singapore 370 C) 04 Singapore 3531

D) 04 Singapore 578


1. Post recommends maintaining Singapore's current Special
301 status in 2005, i.e., not on the watch list or priority
watch list. Singapore has implemented, or is in the process
of implementing, a number of significant commitments under
the U.S.-Singapore Free Trade Agreement (FTA) that not only
address previous IPR concerns, but arguably will give it one
of the strongest intellectual property regimes in Asia.


2. Although no industry group nominated Singapore for
inclusion in the 2005 Special 301 review process, the
International Intellectual Property Alliance (IIPA) has
identified Singapore as one of two countries where FTA
dispute settlement proceedings should be commenced if prompt
resolution of outstanding issues is not achieved. Post
believes the likelihood of this scenario has been lessened
by Singapore's recent commitment to address our concerns
with its amended Copyright Law that came into force January
1, 2005. Singapore plans to revise relevant sections of its
IP legislation, and to present these to Parliament for
approval by May 2005 (ref B). We will continue to press the
government to meet this deadline.

FTA Implementation
--------------


3. In line with its U.S.-Singapore FTA commitments,
amendments to the Trademarks Act, the Patents Act, a new
Plant Varieties Protection Act, and a new Manufacture of
Optical Discs Act came into effect in July 2004. As noted
above, the amended Copyright Act and related implementing
regulations are undergoing further revisions in order to
bring them fully into compliance with the FTA.


4. Among its commitments, Singapore has criminalized the
end-use by companies of pirated software; introduced
stronger protections for digital works; made mandatory the
use of SID codes on optical discs manufactured in Singapore;
implemented anti-circumvention obligations to prevent
tampering with technologies designed to prevent piracy;
protected against parallel imports of pharmaceutical
products without the patent-holder's consent by allowing
lawsuits when contracts are breached; and expanded patent
and trade secret provisions. Singapore has also committed
to sign and ratify the WIPO Copyright Treaty and the WIPO
Performances and Phonograms Treaty, which together set basic
standards for protecting digital content. In an effort to
enhance public awareness, Singapore's Intellectual Property
Office has embarked on a comprehensive education campaign to
disseminate information concerning the various changes in
the law and to explain what these mean for businesses and
consumers.


5. As reflected in the FTA-related strengthening of its IPR
laws, Singapore's government contends that it is determined
to make the country's IPR regime the strongest in Asia, in
part to attract even more IP-intensive investments. This
strategy is beginning to yield results. For example, the
strength of Singapore's IPR laws and enforcement
capabilities has been a factor in the decisions of several
U.S. pharmaceutical and entertainment companies to either
increase existing investment or to start up new operations
here.

LAVIN