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