JAMAICA: IPR WORKSHOP BRINGS OLYMPIC GOLD

UNCLAS KINGSTON 000949

DEPT OF COMMERCE WASHDC

SENSITIVE
SIPDIS

STATE FOR WHA/CAR (ACADIEUX) (VDEPIRRO)
STATE FOR EEB/TPP/IPE (JURBAN) (JHALLOCK)
DEPARTMENT PLEASE PASS TO USPTO AND USTR
DEPT OF JUSTICE FOR OPDAT ROBERT LIPMAN

SANTO DOMINGO FOR FCS

E.O. 12958: N/A
TAGS: ECON ETRD KIPR SOCI PGOV SCUL USTR KCRM JM XL
SUBJECT: JAMAICA: IPR WORKSHOP BRINGS OLYMPIC GOLD

REF: KINGSTON 490
KINGSTON 147


1. (U) Three-time gold medal winner Usain Bolt emphasized the
importance of protecting intellectual property rights at a three-day
workshop on Combating Piracy of Intellectual Property Rights (IPR)
held at the U.S. Mission in Kingston. The workshop held November
4-6 was organized by the Political/Economic section in partnership
with the U.S. Department of Justice's Office of Overseas
Prosecutorial Development Assistance and Training (OPDAT).
Participants included representatives from the Office of the
Director of Public Prosecutions (DPP) and the Jamaica Intellectual
Property Office as well as judges, police, customs officials, and
members of the private sector. The workshop was designed to foster
interagency collaboration to develop protocols for detecting,
investigating and prosecuting offenders for intellectual property
right infringements.


2. (SBU) Officials from the Government of Jamaica (GOJ) worked with
facilitators from OPDAT, Royal Bahamas Police Force, a retired
Detective Chief Superintendent from Northern Ireland, and the
Director of Public Prosecutions from Trinidad and Tobago to develop
the protocols. Participants also discussed the most prevalent forms
of piracy including counterfeit CDs/DVDs, pirated software,
counterfeit designer clothing, and counterfeit pharmaceuticals. The
Commissioner of Customs Danville Walker described the two-prong
problem of imports being both counterfeit as well as under invoiced.
He cited examples of interdicting counterfeit brand name shoes
listed on invoices as generic shoes at USD 1 per pair and
counterfeit designer jeans priced at just below USD 2 each.


3. (SBU) The workshop included speakers from Jamaica's diverse range
of talented artists, athletes, and musicians. Bolt and his attorney
Rudolph Muir described the spike in counterfeit products and IPR
infringement issues that emerged after the world record holder won
three gold metals in the Beijing Olympics. Musicians included
famous reggae singer Tarrus Riley, legendary saxophonist Dean Fraser
and rising star singers Duane Stephenson, Chuck Fenda, and Alaine
Laughton. The musicians discussed the proliferation of counterfeit
music CDs, saying at times they are even asked to autograph
counterfeit versions of their work. Participants praised the
inclusion of performers as a better way to understand the harm
caused by those trafficking in counterfeits as well as putting a
face on the victims.


4. (SBU) Although the GOJ has stepped up arrests of those selling
counterfeit DVDs in the past year (reftels),penalties are often
minimal and do not discourage the practice. Participants cited the
challenge of mobility on the part of sellers who can move locations
quickly to avoid detection and arrest. Judges also tend to be
sympathetic to offenders. Jamaica suffers from one of the highest
murder rates per capita, which means IPR interdiction has to compete
with investigations of violent crimes and drug trafficking for
limited law enforcement resources, despite indications from
participants that proceeds from counterfeiting are used finance
other criminal activity. Participants also voiced concerns that
legislative reform and greater political will are needed to
effectively stem the flow of counterfeit goods.
HEG