SPECIAL 301 REVIEW SINGAPORE: RECOMMEND NO CHANGE

UNCLAS SINGAPORE 000892

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EB/IPC, EAP/PMBS
USTR FOR VESPINEL AND JJENSEN
COMMERCE FOR JBAKER
USPTO FOR PFOWLER
COPYRIGHT OFFICE FOR STEPP

E.O. 12958: N/A
TAGS: KIPR ECON ETRD EINV USTR WTRO SN
SUBJECT: SPECIAL 301 REVIEW SINGAPORE: RECOMMEND NO CHANGE
IN STATUS

REF: A) STATE 14937 B) SINGAPORE 00811 C) SINGAPORE

00197 D) 05 SINGAPORE 03324 E) 05 SINGAPORE
02817 F) 05 SINGAPORE 00506


1. Summary: Post recommends maintaining Singapore's current
Special 301 status in 2006, i.e., not on the watch list or
priority watch list. Singapore is committed to enhancing
what is already one of Asia's strongest intellectual property
regimes. The government continues to implement its
IPR-related commitments under the U.S.-Singapore Free Trade
Agreement (FTA). In September 2005, Singapore police
conducted the first corporate end-user raid for suspected
illegal software use under the country's amended Copyright
Act (ref E). Some IPR enforcement challenges remain,
however, such as encouraging Singapore to screen more
transshipment and transit cargo for infringing products, and
stopping textbook duplication by commercial copy centers (ref
D). End summary.

301 "SPECIAL MENTION"
--------------


2. Although industry did not nominate Singapore for inclusion
in the 2006 Special 301 review process, the International
Intellectual Property Alliance (IIPA) did make "special
mention" of Singapore. In this year's submission, IIPA
expressed concern that Singapore's 2005 Copyright (Amendment)
Act fails to address two issues: 1) under Singapore law,
performers do not have exclusive rights to non-interactive
digital audio transmissions (Note: As IIPA observes, U.S. law
also does not protect this right. End note.); and 2)
Singapore law allows parallel imports in cases where the good
is not currently sold in the domestic market. Neither of
these issues contravenes Singapore's FTA commitments.

ONGOING EFFORTS
--------------


3. In order to comply with its FTA commitments, Singapore
has implemented several legal and regulatory changes to
strengthen its IPR regime. These include further amendments
to its Copyright Act in January 2005 and again in August
2005, amendments to both its Trademark and Patents Acts, and
a new Manufacture of Optical Discs Act. During the past
year, several media reports have suggested that the
government is considering adoption of comprehensive
whistleblower protections. In their representations to the
GOS, the Business Software Alliance (BSA) and the American
Chamber of Commerce in Singapore both have advocated a move
in this direction.


4. In terms of enforcement, Singapore recently charged an
interior design firm with 51 counts of copyright infringement
following a police raid last September. BSA and the Motion
Picture Association (MPA) have noted that this type of
visible and well publicized enforcement will deter other
violations. We are encouraging the government to reduce the
time lag between enforcement actions and legal prosecutions.


5. In 2005, the Intellectual Property Office of Singapore
(IPOS) promoted an aggressive public awareness campaign
through its HIP (Honor Intellectual Property) Alliance and
"Say No! to Piracy" initiatives. The World Intellectual
Property Organization (WIPO) Secretariat opened offices in
Singapore in June 2005, and Singapore is currently hosting
the WIPO's Diplomatic Conference for the Adoption of a
Revised Trademark Law Treaty, the first of its kind in Asia.
The government's IP outreach and protection efforts are
producing tangible results: IP-intensive U.S. firms such as
Electronic Arts and Lucasfilm recently opened facilities
here, citing Singapore's strong IP laws as a major factor in
their respective investment decisions.
HERBOLD