BRUNEI CONCERNED BUT NOT SURPRISED BY 2009 SPECIAL

UNCLAS BANDAR SERI BEGAWAN 000096 SENSITIVE SIPDIS DEPARTMENT FOR EAP/MTS/COPPOLAMG, EEB/TPP/IPE/URBANJ STATE PASS FOR USTR WEISELB, EIHLERSK, BAER DOJ PASS FOR ZACHARIAJ DOL PASS FOR PETTISM DHS PASS FOR MDUDEK DOC PASS FOR AWILSON NSC PASS FOR DBELL E.O. 12958: N/A TAGS: KIPR ECON ETRD BX SUBJECT: BRUNEI CONCERNED BUT NOT SURPRISED BY 2009 SPECIAL 301 REPORT REF: A. A) SECSTATE 41846 ¶B. B) BANDAR SERI BEGAWAN 95 ¶1. (SBU) Per Reftel A, Deputy Chief of Mission (DCM) McIntyre delivered demarche to Ministry of Foreign Affairs and Trade (MFAT) Permanent Secretary Dato Lim Jock Hoi and Vincent Kong, Director, Trade Division regarding the results of the Special 301 review for Brunei. (NOTE: DCM was required to deliver demarche on April 28th as the appropriate MFAT officials were not available for in person discussions on April 29th or April 30th. Dato Lim assured DCM that results of Special 301 process will not be discussed publicly until after report is released. End Note.) Dato Lim expressed the Government of Brunei's (GoB) concern over Brunei's change in status to Watch List but acknowledged the serious nature of disc piracy in Brunei. He noted that there has been some recent progress in discussions with rights holders (Reftel B). Dato Lim stated that the Government of Brunei wants to met the requirements of international intellectual property rights (IPR). He further noted that the cooperation and technical assistance received from the US government is critical to improving IPR enforcement. Dato Lim stated MFAT was pleased with recent efforts by Ambassador Todd and the US Embassy to publicize IPR issues and that the Government of Brunei supports this outreach to increase public awareness. He did note that the GoB objects and has seen no proof to allegations that Brunei is exporting pirated goods to neighboring countries. DCM stressed the need for more outreach and cooperation with rights holders, increased efforts to re-introduce legitimate music and film products into Brunei's marketplace, and more comprehensive IPR legislation. Dato Lim stated he believes progress can and will be made over the next six months to one year. He concluded by saying the USG and US Embassy can play a key role in assisting Brunei to met the requirements for removal from the Special 301 Watch List. TODD