LIBERIA: SOLID IPR FRAMEWORK; NO ENFORCEMENT (YET)

UNCLAS SECTION 01 OF 02 MONROVIA 001005

SIPDIS

COMMERCE FOR CLDP STEVE GARDNER AND SALIHA LOUCIF

E.O. 12598: N/A
TAGS: KIPR ETRD EAID ECON LI
SUBJECT: LIBERIA: SOLID IPR FRAMEWORK; NO ENFORCEMENT (YET)


1. Summary: The Liberia Copyright Office (LCO)plans to launch a
national anti-piracy program and is requesting USG support. Liberia
has a robust legal framework to support intellectual property
protection but requires an effective law enforcement and judicial
capacity to enforce it and broader public education on IPR. While
Liberians will have to work out issues of jurisdiction, funding and
policy, the USG could assist by gearing our support for the judicial
sector towards commercial courts that understand IPR; by providing
training as the IPR protection entities find their footing; and by
encouraging awareness of IPR in training of law enforcement
officers. Liberia is not yet on the USG IPR protection radar
screen, but piracy is rampant and the GOL would like our assistance
in fighting it.

A good foundation but...
--------------


2. Liberia has a solid copyright law but counterfeit goods are
rampant. Schools, including the University of Liberia, routinely
copy books. Radio and television stations do not pay royalties.
The manager of DSTV told the Embassy that only one of Liberia's six
TV stations pay for the right to rebroadcast their programs (REAL
TV),but all stations are rebroadcasting and there is little they
can do about it. Counterfeit drugs are prevalent. DVDs and
cassettes are peddled on the streets for $5 each. Some illegal
copying of music and movies is done domestically, but most pirated
DVDs and other media are imported from neighboring countries and
China.


3. Liberia is a member of the World Intellectual Property
Organization (WIPO) and a contracting party to international
conventions and treaties on the protection of intellectual and
industrial property rights, including the Berne, Paris, Lisbon,
Vienna and Washington conventions and the Madrid Agreement.
However, there is little awareness among the public, law enforcement
officers or even writers and artists of the provisions of the law,
and no capability for the judicial system to enforce infringements.
There is no funding budgeted for dues to WIPO or other
organizations.

Copyright: Struggling along
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4. The Liberia Copyright Office plans to launch a national
anti-piracy program in February 2009, but is having trouble securing
funding and support. Its 2008-09 budget of $70,000 is almost double
that of previous years but is only a fraction of the requested
$300,000. The $39,000 received in previous years covered
maintenance and salaries, but not operations. The LCO purchased its
first computer in 2007, and uses it to record registrations.
Copyright registrations are filed in a slim binder and kept in a
locked closet. The Copyright Law was passed in 1997.

Industrial Property: Part of the Archives
--------------


5. The Industrial Property Office, responsible for registering
patents and trademarks, names, and industrial designs, is housed in
the Ministry of Foreign Affairs under the jurisdiction of the Legal
Department. It shares space with the remnants of the land archives
and the corporate registry. The office is authorized 23 full time
positions but was given a budget of $11,900 for salaries. Its total
2008-09 budget of $29,373 is lower than the previous year, and the
IPO's objective, as stated in the budget description, is registering
15 new companies and corporations. The Industrial Property Law,
covering patents and trademarks, was passed in 2003 but is in
legislative limbo until the GOL figures out how to counter the fact
that the 1972 law it supersedes was never officially repealed.

Progress so far
--------------


6. Despite the lack of funding for and awareness of IPR issues,
there has been progress. The new Minister of Commerce told the
Ambassador in a December 4 meeting that the GOL plans to consolidate
IPR policy, and has received some assistance from WIPO. The GOL
decreed that as of January 10, 2008, all imports of intellectual
property must be so identified on the import permit (rather than
being identified as "general merchandise"). All businesses dealing
in intellectual property must reflect that on their business
registration form. LCO officials told us they have been requesting
GOL permission to approach the U.S., Ghanaian, and Nigerian
embassies for anti-piracy assistance, as they believe those
countries are the source of many of the goods being pirated.


7. The Musicians Union held an IPR awareness seminar October 29-30
that attracted 200 people and gained some press coverage, and
articles supporting IPR protection occasionally appear in the press.
Liberia's movie industry reportedly brought in $200 million a year,
before the war, and is enjoying a modest resurgence, with prize

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winners such as "Iron Ladies of Liberia" and "Pray the Devil Back to
Hell" gaining international recognition.


8. Following the October seminar, LCO has stepped-up efforts to
protect the rights of artists and has announced launch of a national
anti-piracy campaign starting February 15, 2009. The LCO has
notified the Embassy that, despite the lack of requested GOL
funding, they are proceeding with purchase of 500,000 hologram
stamps to begin labeling legitimate media, primarily music and
movies. They have requested USAID support for unfunded goals such
as training of monitors, customs and enforcement officers; purchase
of vehicles and sub-offices; and travel funds. They anticipate the
direct and indirect revenue would more than cover the cost of
starting the campaign.

The problems
--------------

9. There are schisms among IPR advocates. The elements of IPR
protection remain physically scattered, with offices in the Ministry
of Commerce, the Ministry of Finance (copyright) and the Ministry of
Foreign Affairs (industrial property). Within the IPR community,
there are differences in approach between lawyers and creators.
Even within the creative community, there are some, including
leaders, who are considered to have "sold out" to pirates and have a
hidden agenda that hampers progress. The overarching obstacle,
however, is the lack of law enforcement or judicial capacity to
enforce IPR laws, the lack of public awareness of the importance of
IPR protection, and the lack of funding to address those problems.

How we can help
--------------


10. Liberia has a solid IPR foundation but enforcement is
non-existent. While there are vested interests who will oppose a
crackdown on piracy, there is support in the government and media
for better protection. We should not fund vehicles or offices, but
the USG could be helpful in helping the LCO design and implement a
sustainable (and fair) enforcement regime that protects indigenous
and imported works while increasing revenue. We can also encourage
incorporating awareness of IPR issues into training for legal and
law enforcement officials, and encouraging media organizations to
budget for royalties as appropriate.

THOMAS-GREENFIELD