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.

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The Training
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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.

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New Caribbean Role for the MPAA?
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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.

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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.

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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