BARBADOS INTELLECTUAL PROPERTY - STATUS AND

C O N F I D E N T I A L BRIDGETOWN 000232 SIPDIS SIPDIS DEPT FOR EB/TPP/IPE E.O. 12958: DECL: 01/31/2016 TAGS: ETRD KIPR KCRM PINR BB SUBJECT: BARBADOS INTELLECTUAL PROPERTY - STATUS AND STRATEGIES FOR BETTER ENFORCEMENT Classified By: A/DCM Sheila Peters for reasons 1.4(b) and (d). ¶1. (U) This is an action cable. See ACTION REQUEST, paragraph 8. ¶2. (U) Note: This is not a Special 301 cable, but covers some of the same themes. Barbados has not historically been on the list for Special 301 review. End Note. ¶3. (C) Summary: Sergeant Paul Vaughan of the Barbados Police Force, upon returning from USG training on Intellectual Property Rights (IPR) enforcement, gave EconOff an account of Barbados government policy on IPR enforcement and offered some strategies for enforcing IPR. Vaughan suggested that the Motion Picture Association of America (MPAA) station a representative in the Caribbean on a full-time basis to file civil suits protecting MPAA IPR and to serve as an expert witness in criminal IPR cases. He also informed EconOff of a push by some Barbadians to put the country in DVD Region 1 (U.S. and Canada) instead of Region 4 (Latin America). End Summary. -------------- The Training -------------- ¶4. (SBU) Sergeant Paul Vaughan, head of the new (founded 2004) Copyright Infringement Unit of the Royal Barbados Police Force, attended a course the U.S. Patent and Trademark Office (USPTO) Academy on the Enforcement of Intellectual Property Rights in Alexandria, Virginia, from January 24-27. Upon his return to Barbados, he met with EconOff and expressed gratitude for the training, as well as sharing some ideas about improving IPR enforcement in Barbados. -------------- New Caribbean Role for the MPAA? -------------- ¶5. (SBU) Vaughan suggested the Motion Picture Association of America (MPAA) station a representative in the Caribbean to bring civil IPR infringement lawsuits and serve as an expert witness in copyright infringement cases. He explained that, under Barbados law, only the person whose IPR rights have been violated (the MPAA) can bring a civil case and fight for damages. This legal constraints may explain why the police have had trouble prosecuting video stores for IPR infringement. Apparently, no one from the MPAA has sent anyone to Barbados to bring cases against IPR violators. -------------- Barbados IPR Enforcement Strategy -------------- ¶6. (C) Vaughan outlined his plan to combat IPR violators in Barbados, saying his priorities are A) stopping street vendors who sell illegal music and videos/DVDs, B) fighting music piracy (especially of local artists),and C) halting DVD and video piracy in video stores. He also plans to intensify surveillance of illegal street vendors and video shops to prove his suspicion that such enterprises are connected to drug trafficking. -------------- Region 1 for Barbados? -------------- ¶7. (C) According to Vaughan, Stuart Mottley, brother of Barbados Attorney General Mia Mottley, led a group of Barbadians to Washington to lobby the MPAA for Barbados to be in Region 1 for DVD sales (same as the U.S.) instead of Region 4 (Latin America). (Note: To protect Hollywood's system of varying theatrical release dates by country, DVD players and disks are restricted by geographical region. A movie that is out on DVD in the U.S. may have just been released in movie theaters in Europe. Ensuring that DVDs only function in their intended region helps movie studios maximize profits and avoid a situation where a new movie is simultaneously in the theater and available on DVD. End Note.) According to an American who owns a movie theater in Barbados, most people on the island own Region 1 DVD players so restricting DVD imports to Region 4 limits the legitimate DVD sales market. ¶8. (SBU) Action Request: Please provide guidance as to how to respond to Sergeant Vaughan's assertion that U.S. IPR rights can only be upheld if a person specifically authorized by the MPAA makes a complaint in a local court. Is this position consistent with the Trade Related Aspects of Intellecutal Property Rights (TRIPS) agreement? Also, what does the MPAA think about Barbados or the Caribbean as a whole switching to Region 1? ¶9. (C) Comment: Although he appears committed to his work, Vaughan has had limited success stopping IPR violators. Local music is often available only in pirated form and video store employees blatantly copy tapes behind the counter during working hours. Hopefully, the USPTO training will encourage Vaughan in his fight to better enforce IPR in Barbados. KRAMER