STRENGTHENING INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT

UNCLAS SECTION 01 OF 02 PORT OF SPAIN 000523

SIPDIS

SENSITIVE

STATE FOR EB/TPP/IPE, INL, WHA/CAR
JUSTICE FOR OPDAT R LIPMAN

E.O. 12958: N/A
TAGS: ETRD KIPR KCRM TD
SUBJECT: STRENGTHENING INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT
CAPABILITIES IN TRINIDAD AND TOBAGO

SENSITIVE BUT UNCLASSIFIED; PLEASE PROTECT ACCORDINGLY

REF: (A) 07 Port of Spain 320 (B) 08 Port of Spain 060
(C) 08 Port of Spain 116 (D) 08 Port of Spain 147
(E) 08 Port of Spain 262


1. (SBU) SUMMARY: Embassy Port of Spain collaborated with the U.S.
Department of Justice to provide T&T law enforcement personnel with
hands-on IPR crime scene training. During a two-day INL-funded
workshop, participants practiced search and seizure techniques and
discussed local IPR enforcement activities as well as the
implementation of enforcement protocols developed at the previous
workshop. The practical exercises were well received, but
discussions revealed a decided lack of enforcement activity.
Impediments to interagency collaboration and police inertia remain
unresolved and make enforcement problematic. However, the avowed
keen interest of the new Acting Commissioner of Police James
Philbert, and the formation of a Cabinet appointed interagency
committee to reduce piracy in the home video club industry, may
result in changes going forward. END SUMMARY.


2. (U) Following up on the March 2008 Intellectual Property Rights
Enforcement Workshop (ref D),the U.S. Department of Justice Office
of Overseas Prosecutorial Development, Assistance and Training
(DOJ/OPDAT) and Embassy Port of Spain jointly hosted a September
16-17 INL-funded crime scene investigation training workshop. While
the majority of attendees were members of the Police Service,
representatives from the Office of the Director of Public
Prosecution (DPP),Office of the Solicitor General, Office of the
Chief Parliamentary Counsel, Bureau of Inland Revenue (BIR),Customs
and Excise Division, and several private corporations also attended.


Little Progress, but Cause for Hope?
--------------

3. (SBU) DOJ/OPDAT facilitator Robert Lipman opened the event by
asking participants to chronicle local changes in the IPR landscape
since the first workshop. The passage of the Copyright Amendment
Act (ref E) in April, which strengthened enforcement capabilities,
was cited as the most important change. However, in terms of actual
law enforcement action, only a few raids on DVD vendors had been
conducted. Further, the IPR Enforcement Handbook developed in the
first workshop to support enforcement action had yet to be
integrated into police or customs procedures.


4. (SBU) Participants noted several barriers to progress. First, no
directive for action had yet been received from superiors, either
with respect to the implementation of the handbook or on general
enforcement. The senior law enforcement participants said approval
of their supervisors was necessary for action. Those newer to the
force, however, were eager to conduct raids on DVD vendors and felt
less constrained by the Police Service hierarchy. Second, despite
attempts at the first workshop to facilitate information sharing and
interagency collaboration, the Customs & Excise Division and the
Police Service are still not working together to deter pirates.
Third, participants blamed T&T's "culture" for the lack of progress
and seemed resigned to the fact that many laws are not enforced.


5. (SBU) On a positive note, law enforcement officials stated that
Acting Commissioner of Police Philbert has a strong interest in IPR
enforcement. Not only has he assigned several of his own officers
to this issue, but Philbert also secured the assistance of the
Special Anti-Crime Unit of Trinidad and Tobago. In fact, following
a conversation with Lipman about the lack of enforcement activity,
Philbert ordered a raid that resulted in six arrests and the seizure
of 2000 counterfeit DVDs. In addition, under the Minister of Legal
Affairs, a Cabinet appointed committee was established to identify
means to reduce piracy within the home video club industry through
regulation. Headed by attorney and former Member of Parliament
Gillian Lucky, this committee has representatives from the
Intellectual Property Office, Customs, and the public prosecutors'
(DPP) office. Its clear mandate and strong leadership suggest it
will likely make constructive recommendations.

CSI Port of Spain
--------------

6. (U) The crime scene training began with a review of search
procedures and interview techniques. Participants then practiced
analyzing evidence and interviewing suspects. On the second day,
crime scenes were set up in four hotel rooms. Teams were given
several hours to investigate, photograph, and catalogue evidence.
While many of the techniques were familiar to the participants,
these exercises helped reinforce best practices. Further, the
exercises started a useful dialogue between the police and the
prosecutors about the type of evidence needed for convictions and

PORT OF SP 00000523 002 OF 002


the necessity of comprehensive documentation.


7. (SBU) COMMENT: The workshop's practical exercises generated
significant enthusiasm for ongoing action. However, enforcement
activity since mid-September has been limited to the raid
specifically ordered by the Acting Commissioner of Police. For
sustained progress, officers need to be empowered to act and their
efforts need to be supported by superiors.

AUSTIN