LEBANON: POLITICAL WILL KEY TO FURTHER PROGRESS ON IPR

UNCLAS SECTION 01 OF 03 BEIRUT 000099 SENSITIVE SIPDIS STATE FOR NEA/ELA ALLEN STATE PASS USTR FRANCESCKI STATE PASS USAID BEVER/LAUDATO/SCOTT TREASURY FOR PARODI/BLEIWEISS/AHERN USDOC FOR 4520/ITA/MAC/ONE E.O. 12958: N/A TAGS: ECON EFIN KIPR PGOV LE SUBJECT: LEBANON: POLITICAL WILL KEY TO FURTHER PROGRESS ON IPR ENFORCEMENT REF: STATE 77184 SUMMARY -------------- ¶1. (SBU) Most Intellectual Property Rights (IPR) experts tell us current Lebanese legislation is generally adequate and WTO compliant, while Lebanon's biggest IPR problem is enforcement. IPR industry contacts say courts should impose more stringent fines on violators. IPR infringement in the pharmaceutical industry remains a problem, although recent procedural changes could improve the drug registration process. On cable piracy, the Lebanese Internal Security Forces (ISF) has stepped up efforts to bring illegal cable operators into line. ¶2. (SBU) The GOL and major industry groups mounted several IPR awareness campaigns in 2008 to educate the public on the negative impact of IP infringement. Post has been active in helping boost the GOL's IPR capabilities by, inter alia, sending judges to USG training, and funding the police unit in charge of IPR enforcement. Ultimately, a high-level political push may be necessary to strengthen enforcement further. End summary. LEGISLATION WTO COMPLIANT... -------------- ¶3. (SBU) In its current form, Lebanese IPR legislation is generally adequate for WTO accession, according to various experts we have consulted. The head of the MEPI-funded Booz Allen Hamilton WTO Accession Project at the Ministry of Economy and Trade (MOET),Zouha Sakr, told us new IPR laws -- on geographical indications, trademarks, and industrial design -- currently awaiting parliamentary approval are merely improvements and clarifications to existing laws, not requirements to fill gaps in current legislation. An amendment to the copyright law also is awaiting parliamentary approval, but includes only minor changes. ...BUT ENFORCEMENT REMAINS THE BIGGEST PROBLEM -------------- ¶4. (SBU) Enforcement of existing laws remains the biggest challenge for IPR protection. Most IP-infringing material is either smuggled in or imported through legitimate points of entry under the jurisdiction of Lebanese customs, which lacks the necessary staff, equipment, and training properly to enforce the law. The Internal Security Force's (ISF) Cyber Crime and IP Unit is also understaffed and lacks necessary training, although it has made significant progress in protecting IPR since its establishment in 2006. ¶5. (SBU) The USG has been active in boosting and further developing the capabilities of the ISF and customs. A local NGO, with a $143,000 Department of State International Narcotics and Law Enforcement (INL) grant is currently working on training and providing equipment for the ISF's Cyber Crime and IP Unit to improve its IPR enforcement. In addition, Embassy Beirut is recommending a training program for customs officials to improve their capability. ¶6. (SBU) Private sector contacts have repeatedly advised us that the judicial system should be more firm in its enforcement of IPR laws, especially in terms of the fines it imposes on infringers, which are not prohibitive. The State Prosecutor of the Cassation Court, Said Mirza recognizes the importance of IPR. However, he argued that the number of IPR cases in Lebanon does not justify having judges dedicated solely to IPR. During the past two years, post has sent 15 judges on USPTO training programs on IPR issues. PHARMACEUTICAL INDUSTRY INFRINGEMENTS -------------- ¶7. (SBU) Problems in the pharmaceutical sector related to IPR remain a significant problem. Ambiguity in the current patent law related to the treatment of undisclosed information (UI, i.e., trade secrets or any confidential information of commercial value) that pharmaceutical companies resent during the registration process at the MOP continues to be a contentious issue. According t members of the Pharmaceutical Research and Manufacturers of American (PhRMA),this has lead the MOPH to consider as UI summaries of UI or BEIRUT 00000099 002 OF 003 other publicly available information in the registration process of drugs, leading to the registration of a number of copycat drugs. ¶8. (SBU) Legislative reform mainly related to UI is necessary to bring about Lebanon's full compliance with WTO trade-related aspects of intellectual property rights (TRIPS) standards. The fastest way to deal with this problem would be to amend the UI portion of the existing patent law. However, the MOPH is pushing for clarifications on UI to be included in a new unfair competition law that is still being drafted. Passing a new law would require cabinet and parliamentary approval, as well as an implementation decree (which can take years, even after a law passes parliament) before any of the law can take effect. Private and public sector contacts have told us that the MOPH may have an interest in delaying reform in this area, because the minister and people close to him benefit financially and politically from the ambiguity regarding UI in the current patent law. ¶9. (SBU) MOPH Director General Walid Ammar (protect) told us that Health Minister Mohammad Khalifeh (an ally of Parliament Speaker Berri) moves certain registration applications to the front of the line based on political connections or the political affiliation of the importer, regardless of the quality of the data in the application. According to Ammar, the process of drug registration will improve with the recently signed Decree No. 571, which includes requirements on the treatment of UI in a registration application. Though the decree leaves some room for interpretation of what is or is not UI, it theoretically could stop drugs with incomplete data from being registered. ¶10. (SBU) Ammar also complained that pharmaceutical companies force Lebanon to purchase drugs from more expensive manufacturers in the EU rather than from the U.S. or other less expensive countries, based on "zoning," a system in which pharmaceutical companies designate specific geographical areas to which their exclusive agents can export their products. As a result, the MOPH has allowed so-called parallel imports (or importing goods that are produced genuinely under IP protection, but imported from a market without the authorization of the holder of the IP right, which in this case is from cheaper countries) to lower costs, Ammar said. ISF TACKLING CABLE PIRACY -------------- ¶11. (SBU) The issue of cable piracy has always been linked to political interests in Lebanon, with government officials reluctant to enforce regulations and operators relying on political connections to keep them in business. Sakr of Booz Allen and her team strongly believe the current copyright law is enough to protect against copyright infringement through cable piracy, but needs to be better enforced by the MOET. However, contacts at the MOET believe the only way to regulate and control piracy is through a new law that would give the MOET a stronger mandate to intervene when it sees violations. Without high-level support and the backing provided by a new law, MOET contacts do not feel they would have the political cover to cut the pirate operators' lines. ¶12. (SBU) The ISF has told us that following a series of lawsuits from major cable TV operators (including ART, Orbit, Showtime, MBC, and FTV),local illegal cable providers have started paying cable TV operators for the rights to broadcast and distribute programs. According to the head of the ISF Cyber Crime and IP Unit, Major Bitar, 90 percent of local cable providers are now paying for the right to broadcast content from major cable TV operators, which has led to an increase in monthly subscription fees to illegal cable providers. The ISF enforces the law by making sure local cable providers are paying their fees and have the necessary equipment for legal distribution. PRIVATE AND PUBLIC SECTOR AWARENESS CAMPAIGNS -------------- ¶13. (SBU) A number of IPR awareness campaigns have taken place to educate the public on IP infringements. In February 2008, the MOET launched a three-month campaign, funded by USAID and the American Lebanese Chamber of Commerce, advertising the importance of protecting intellectual property. In August, the MOPH launched a campaign to combat counterfeit drugs. Also in 2008, the locally-based Brand Protection Group (BPG - an NGO grouping over 20 BEIRUT 00000099 003 OF 003 leading local and international companies aimed at raising awareness on counterfeits) re-launched its awareness campaign, which had been set to launch in 2006 but was postponed due to the July 2006 war. ¶14. (SBU) More recently, in December 2008, the Ministry of Education (MOE) announced that IPR would be the theme for its 2009 SchoolNet Project. (Note: The SchoolNet Project is a MOE scheme, initiated in 2002, that seeks to connect all private and public schools and libraries in a single network to facilitate teaching and learning. End note.) The initiative -- which will teach students about the consequences of IPR violation by Lbanese consumers and businesses -- is being implmented in partnership with Microsoft Lebanon, the Educational Association for IT Development (EAID),and the International Education Association (IEA) - Lebanon. COMMENT -------------- ¶15. (SBU) The GOL has made progress on cable piracy and on public awareness in general. It appears to be trying to put in place a better drug registration regime. There is a well-trained class of civil servants who seek strengthened enforcement of the law, in large part because the U.S. and other foreign donors have consistently worked with the GOL to encourage IPR protection and build capacity. As is often the case with so many issues in Lebanon, high-level GOL action is probably needed further to strengthen IPR protection further. Embassy Beirut will continue its engagement with all the relevant Lebanese actors to encourage better enforcement. SISON