NICARAGUAN OFFICIALS AND INDUSTRY DRAFT IPR ENFORCEMENT

UNCLAS MANAGUA 002654 SIPDIS STATE FOR WHA/CEN, EB/TPP/IPE DEPT PLEASE PASS TO JUSTICE FOR OPDAT ROBERT LIPMAN STATE PLEASE ALSO PASS TO USTR FOR ANDREA MALITO TREASURY FOR SARA GRAY USDOC FOR 4332/ITA/MAC/WH/MSIEGELMAN SENSITIVE SIPDIS E.O. 12958: N/A TAGS: KIPR ECON USTR NU SUBJECT: NICARAGUAN OFFICIALS AND INDUSTRY DRAFT IPR ENFORCEMENT MANUAL SUMMARY -------------- ¶1. (SBU) Embassy Managua hosted an intellectual property rights (IPR) enforcement workshop, led by the U.S. Department of Justice's Office of Overseas Prosecutorial Development, Assistance and Training (DOJ/OPDAT),to facilitate the drafting of a best practices IPR enforcement manual by Government of Nicaragua (GON) officials and industry to combat piracy and other IPR crimes. Eight different GON institutions and three separate industry representatives attended the workshop. The workshop also inspired GON officials and industry representatives to organize ad hoc meetings to finalize the manual and improve their cooperation to combat IPR crimes. End Summary. FOCUS OF THE IPR WORKSHOP -------------- ¶2. (U) Embassy Managua hosted an intellectual property rights (IPR) enforcement workshop December 4-6, 2007, to facilitate efforts of Government of Nicaragua (GON) officials and industry representatives to draft a best practices IPR enforcement manual to combat piracy and other IPR crimes, such as trademark infringement and copyright violations. A DOJ/OPDAT Program Manager and his training team designed and led the workshop. The draft manual created during the workshop was specific to Nicaragua and reflected the broad experience and knowledge of the participants. Once finished and published, all Nicaraguan prosecutors and investigators can use this best practices manual as a resource for handling IPR cases. GOOD ATTENDANCE AND PARTICIPATION AT THE IPR WORKSHOP -------------- -------------- ¶3. (SBU) Eight different GON institutions and three separate industry representatives attended the workshop. GON participants included two civil court justices, two public prosecutors, two police officers from the Economic Crimes Unit and one police officer from the National Crime Laboratory, three Customs officials, two court police assistants, one official from the Directorate General of Taxes, and one official from the Ministry of Trade, Industry, and Development (MIFIC). Industry participants included representatives from the Free Trade Zone, Nicautor (an association which advocates IPR enforcement and protection for book authors and music companies),the American Chamber of Commerce of Nicaragua, and a private attorney who specializes in IPR protection. Of the 24 participants invited to the workshop, 20 attended all three days of the event. ¶4. (SBU) After a preliminary discussion of the importance of IPR protection, the participants were divided into four teams to begin drafting the manual. Each team was given a specific section to draft: a) intelligence gathering, b) investigation procedures and techniques, c) possible charges and defenses against those charges, and d) applicable laws. The teams worked separately to create a first draft. Once each team completed their draft, it was distributed to other teams for editing, revision, and additions. When the sections were put together, the draft manual was reviewed by the entire group at the end of the program. On several occasions, members of the investigative procedures and techniques team (police, public prosecutors, MIFIC) engaged in spirited discussions with the applicable laws team (judges). They debated the judicial branch's interpretation of certain statutes related to evidence gathering. They also discussed how IPR provisions included in bilateral and multilateral treaties, such as the Central American Free Trade Agreement, should be enforced. EMPHASIZING MUTUAL INTERESTS AND COOPERATION -------------- ¶5. (SBU) Throughout the workshop, the OPDAT representative and his training team emphasized that the GON and industry have mutual interests in combating IPR violations. GON and industry representatives agreed that IPR enforcement and protection were in Nicaragua's national interests. One police officer from the Economic Crimes Unit said that IPR protection was important to Nicaragua's economic development, trade interests, and job creation. A representative from Nicautor asserted that both the GON and the private sector have interests in upholding and promoting the rule of law. A customs official said that cooperation among government entities and between the GON and industry has been a longstanding issue. She noted that this workshop presented the GON and industry an opportunity to enhance cooperation, share ideas, and exchange views from their respective professional perspectives to improve IPR enforcement and protection. PARTICIPANTS TAKE INITIATIVE TO WORK TOGETHER -------------- ¶6. (SBU) During the last day of the meeting, the participants finished the first draft of the IPR best practices manual. On their own initiative, the participants scheduled a meeting on December 11 to approve a final version of the IPR best practices manual and explore the creation of an interagency working group on IPR enforcement. They have scheduled another meeting on January 11 to continue their work and discussions on enhanced interagency cooperation. Dr. Leyla Prado, Head of the IPR Unit in the Public Prosecutor's Office, told Econoff on December 20 that there is currently a lot of enthusiasm among some of the GON officials and industry representatives who attended the IPR workshop to continue these ad hoc meetings. She said that GON officials and industry recognize that more communication, even at an informal level, will produce tangible, official results in combating piracy and other IPR crimes. TRIVELLI