UNCLAS ISLAMABAD 003131

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: ECON ETRD EFIN EINV KIPR PGOV PK
SUBJECT: LAW ENFORCEMENT RAIDS ON SUSPECTED IPR VIOLATORS


1. (SBU) Summary: The Federal Investigation Agency (FIA) provided
post with documentation of intellectual property right (IPR)-related
raids conducted between January 2007 and August 2008. Raids were
carried out in several different cities, and about half the raids
targeted pirated books. Out of twenty-five cases, so far only two
have resulted in convictions, with very low penalties. One case
involving a prominent Karachi industrialist resulted in an
acquittal. The status of the cases suggests that even if law
enforcement is willing, the judiciary is weak on the issue of IPR.
End summary.


2. (SBU) In early September, the FIA's Special Crimes Wing shared
information with EconOff on anti-piracy raids conducted between
January 1, 2007, and August 31, 2008. In that time, 14 raids were
conducted, resulting in 25 cases filed. Of the 25 cases, ten were
for optical disc piracy, thirteen for book piracy and two for
counterfeit consumer products. The raids were carried out in cities
throughout Pakistan, including Rawalpindi, Lahore, Karachi, Multan
and Faisalabad. As a result 181,145 optical discs, 16 optical disc
writers, 4464 cassettes and 42,747 books were included in the
contraband seized during the raids. According to FIA sources, the
seized materials will be held until a decision is reached in a
court, and if the case results in conviction, the materials will be
destroyed.


3. (SBU) The legal status of the 25 cases is as follows: two
convictions, one acquittal, six in litigation, fourteen under
investigation and two cases dismissed due to lack of evidence. For
one conviction the penalty was a PKR 5000 (USD 64.62) fine or two
months in prison and for the other the penalty was PKR 7000 (USD
90.46) and five months in prison. In the acquitted case, the
accused party was M. Zubair Motiwala, a well-known industrialist in
Karachi. Motiwala is a former chairman of the Karachi Chamber of
Commerce and Industry and the All Pakistan Textile Processing Mills
Association. Post's contact at the FIA said he did not know that
Motiwala used influence with judges or prosecutors to get an
acquittal, but he did say that Motiwala had sufficient means to hire
"expensive lawyers" which would have given him an advantage in
trial. The FIA contact also said, "For these people [like Motiwala]
it is really nothing," and implied that most people do not consider
counterfeiting and copyright violation as unethical, let alone
criminal.


4. (SBU) Ten of the thirteen book piracy raids were the result of
cooperation with Oxford University Press (OUP) and involved OUP
publications. FIA shared letters of appreciation from OUP with
EconOff. A representative of OUP also told EconOff in May, after
the first raids were carried out on behalf of OUP, how satisfied she
was with FIA's action.


5. (SBU) Comment: The penalties levied in the two conviction cases
demonstrate the lack of seriousness applied to IPR cases in
Pakistan's judiciary system. Neither the fines nor the prison time
levied provide any substantial deterrent. The anecdote about
Motiwala also suggests that such violations are not taken seriously
by at least some of Pakistan's biggest industrialists. Although FIA
has been active in raiding suspected offenders, in order for the GOP
to be effective on IPR enforcement, prosecutors and the judiciary
need to be actively engaged as well. End comment.


PATTERSON