OMAN RESPONSE TO SPECIAL 301 REVIEW

UNCLAS MUSCAT 000152 SIPDIS SENSITIVE SIPDIS STATE FOR NEA/ARP, EEB/TPP/MTA/IPC STATE PASS USTR FOR JBUNTIN COMMERCE FOR ITA THOFFMAN E.O. 12958: N/A TAGS: ECON KIPR ETRD MU SUBJECT: OMAN RESPONSE TO SPECIAL 301 REVIEW REF: STATE 9475 -------------- Summary -------------- ¶1. (SBU) The Omani government continues to take steps to protect intellectual property, evidenced both by its revisions to its IPR regime in advance of implementation of the U.S.-Oman Free Trade Agreement (FTA),and its collaborative work with the USG and the private sector. Given these efforts, Embassy recommends that Oman not be placed on the "Watch List" or the "Special Mention List" for ¶2008. End Summary. -------------- Advancing IPR -------------- ¶2. (U) The Omani government has worked extensively with USG counterparts during the course of 2007 to revise its already strong intellectual property regime in advance of the implementation of the FTA. The government is finalizing its industrial property and copyright laws, which will provide increased IPR protection for copyrights, trademarks, geographical indications, and patents. Oman will also improve enforcement and protection of undisclosed test data from unfair commercial use. Both revised laws, which included input from the USG, are undergoing final review with the Ministry of Legal Affairs before they are promulgated by Royal Decree. The government has drafted, again with significant USG input, optical disc regulations and a government use of software decree in order to meet FTA obligations. In addition, the government is in the process of acceding to those intellectual property conventions as specified in Article 15 of the FTA. -------------- Working with the USG -------------- ¶3. (U) The Omani government welcomes technical assistance programs to enhance its intellectual property protection efforts. The U.S. Patent and Trademark Office (USPTO) has held a number of successful intellectual property rights (IPR) seminars, the most recent being workshops on broadcast and optical disc piracy, as well as border enforcement, in February 2008. Over 40 officials from the Ministry of Commerce and Industry, Ministry of Foreign Affairs, Royal Oman Police, Ministry of Information, and the Office of the Public Prosecutor attended. Workshop participants were knowledgeable about the issues concerning the two topics and readily engaged USPTO officials. These workshops followed well-attended USPTO seminars in both January and December 2006 for judges, prosecutors, investigators and customs officials. Furthermore, the Omani government regularly nominates officials for participation in USPTO-sponsored programs at its headquarters in Alexandria. -------------- Working with the Private Sector -------------- ¶4. (U) The Omani government is engaged with the private sector on supporting intellectual property rights. On computer software usage, the Omani government is in the midst of a three-year agreement with Microsoft for the desktop use of the company's licensed products. As a component of the relationship, Microsoft provides training to the intellectual property division at the Ministry of Commerce and Industry. It also is investing in training programs for government employees and the general community. Most recently, Microsoft and the Information Technology Authority signed an agreement to provide on-line services to 650,000 students in Oman. The government is partnering with Cisco systems in developing a framework for e-government services. ¶5. (U) The government conducts periodic sweeps of the market in efforts to confiscate counterfeit goods. In January 2008, the Ministry of Commerce and Industry and the Royal Oman Police confiscated over 8,000 pirated discs from retailers. This effort follows others that have netted as many as 40,000 pirated discs. Furthermore, in 2007, the Royal Oman Police worked with Estee Lauder to remove counterfeit creams from storefronts in Ruwi, a principal commercial district of Muscat. ¶6. (U) On the pharmaceutical front, the Ministry of Health's Directorate of Rational Drug Use has affirmed that once the U.S.-Oman Free Trade Agreement (FTA) comes into effect, the Ministry would recognize U.S. pharmaceutical product patent expiration dates. The Ministry has already solicited information -- including trade name, chemical name, first filing date, strength, patent expiration date, and a copy of the original U.S. patent -- from U.S. pharmaceutical producers regarding patented products being marketed in Oman. The Ministry further agreed to adhere to the strong data protection requirements of the FTA. The Ministry's Director of Rational Drug Use mentioned to Econoff on February 18 that she recently had a productive meeting with PhRMA representatives in Muscat regarding protection of pharmaceutical patents. -------------- Comment -------------- ¶7. (SBU) Oman continues to improve upon its intellectual property protection regime in anticipation of implementing the FTA, and USG programming is assisting Oman in enforcing its IPR obligations. Furthermore, the private sector has made significant efforts in partnering with Omani government officials on IPR protections. For these reasons, Embassy Muscat recommends excluding Oman from both the Watch List and Special Mention List for 2008. End Comment. GRAPPO