Identifier
Created
Classification
Origin
09BELMOPAN83
2009-03-03 17:48:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Belmopan
Cable title:  

BELIZE: 2009 SPECIAL 301 REVIEW

Tags:  ECON EINV ETRD KIPR BH 
pdf how-to read a cable
VZCZCXRO8262
RR RUEHGR
DE RUEHBE #0083/01 0621748
ZNR UUUUU ZZH
R 031748Z MAR 09
FM AMEMBASSY BELMOPAN
TO RUEHC/SECSTATE WASHDC 1707
INFO RUEHZA/WHA CENTRAL AMERICA COLLECTIVE
RUCNCOM/EC CARICOM COLLECTIVE
UNCLAS SECTION 01 OF 02 BELMOPAN 000083 

SENSITIVE

SIPDIS

DEPT FOR WHA/CEN CHRISTOPHER ASHE, IPE TIM MCGOWAN AND ROBERT WATTS

E.O. 12958: N/A
TAGS: ECON EINV ETRD KIPR BH
SUBJECT: BELIZE: 2009 SPECIAL 301 REVIEW

--------------------------------
2009 Special 301 Report - Belize
--------------------------------

----------
Background
----------

UNCLAS SECTION 01 OF 02 BELMOPAN 000083

SENSITIVE

SIPDIS

DEPT FOR WHA/CEN CHRISTOPHER ASHE, IPE TIM MCGOWAN AND ROBERT WATTS

E.O. 12958: N/A
TAGS: ECON EINV ETRD KIPR BH
SUBJECT: BELIZE: 2009 SPECIAL 301 REVIEW

--------------
2009 Special 301 Report - Belize
--------------

--------------
Background
--------------


1. (SBU) Belize was removed from the Special 301 Watchlist in 2008,
but concerns remain in enforcement of IPR laws and prosecution of
offenders.


2. (U) Belize and IPR Laws and Conventions:
Belize has fulfilled its obligation under the World Trade
Organization (WTO) to implement the Agreement on Trade-Related
Aspects of Intellectual Property (the TRIPS Agreement).

The Belize Intellectual Property Office (BELIPO) was subsequently
established to administer these IPR laws, which include copyrights,
industrial designs, patents, trademarks, protection of new plant
varieties, and protection of layout - designs (topographies) of
integrated circuits.

Belize is a party to the Paris Convention for the Protection of
Industrial Property and of Literary and Artistic Works and the
Patent Copyright Treaty.

Belize has ratified neither the WIPO Copyright Treaty (WCT) nor the
WIPO Performances and Phonograms Treaty (WCCT). However, under the
recently signed Economic Partnership Agreement between the European
Union and the CARICOM countries, Belize must adhere to and implement
both treaties.

--------------
Embassy involvement on IPR issues in Belize
--------------


3. (SBU) Post has been involved in one case in 2008 involving the
infringement of U.S. trademarks in Belize.

Phillip Morris: In September 2008, Belize Customs informed the
Embassy that they had confiscated four forty-foot containers filled
with counterfeit cigarettes. Two containers had approximately 855
boxes each of fake Marlboro cigarettes with a value of USD two
million. Customs officials were suspicious of the entry forms and
upon further investigation, found that instead of slippers indicated
by the import documentation, the containers held cases of cigarettes
bearing the fraudulent Marlboro mark. Phillip Morris contacted the
Embassy for more information and a representative of Phillip Morris
visited Belize and verified the cigarettes were counterfeit.

Media reports indicate that the counterfeit Marlboro cigarettes have
been destroyed.


--------------
U.S. Embassy's involvement in IPR training
--------------


4. (U) In April 2007, three GOB officials participated in a
three-day workshop on the drafting and enforcement of Cyber-Crime
legislation in San Jose, Costa Rica. The U.S. Department of Justice
sponsored the workshop.

In May 2007, two GOB officials participated in a three-day workshop
on Intellectual Property Rights in San Salvador. Funding was
provided by the Department of Homeland Security Bureau of
Immigration and Customs Enforcement.

In March 2008, one GOB official (Director of BELIPO) participated in
a four-day workshop on the USPTO Global Intellectual Property
Academy Trademark Administration Program.

In January 2009, two GOB officials participated in a four-day
workshop in the Global Intellectual Property Academy regional
training on Plant Variety Protection under the UPOV Convention.

--------------
State of IP Protection in Belize
--------------


5. (SBU) The general availability of pirated CD's, DVD's, and videos
continues unabated. These are produced for sale and rental. Local
television stations and cable companies continue to pirate American
television network and cable channel programming. There are reports
that some importers, mainly those operating in the Corozal
Commercial Free Zone, continue to import and sell counterfeit
merchandise such as clothing. There is still some concern of weak
prosecution of Intellectual Property infringement cases and

BELMOPAN 00000083 002 OF 002


enforcement against piracy and counterfeiting.

However, during 2008 BELIPO (Belize's regulatory agency) undertook
the following initiatives:

a) BELIPO conducted a session at the Embassy's 'Made in the USA
Exhibition' on the topic, "Overview of Belize's Trademarks Act".

b) The agency is assisting a local government agency (NICH --
National Institute for Culture and Heritage) in organizing local
music artists to collectively enforce their intellectual property
rights. BELIPO expects this to help create public awareness on the
importance of protecting all intellectual and property rights
holders.

c) In March 2009, the agency will assist the government of Belize
in hosting a regional enforcement seminar organized by the British
Commonwealth Association on 'Cooperation on Enforcement of
Intellectual Property Rights'. BELIPO plans to write a training
paper on enforcement of property rights.

d) The agency staff attended several international training
seminars.

--------------
IP Prosecutions
--------------


6. (SBU) BELIPO informed the Embassy that in 2008 two
cases/complaints of counterfeit goods were heard and were
successfully challenged by foreign owners.

a) Phillip Morris: In September 2008, suspicious customs entry
forms alerted officials to four containers. The containers were
found to contain counterfeit Marlboro cigarettes. A representative
of Phillip Morris visited Belize and verified that the cigarettes
were fake. Media reports indicate that the cigarettes were
destroyed. Customs officials noted that the case is still pending.

b) Chanel: In April 2008, upon investigating four containers bound
for the Corozal Free Zone, Customs officials found an assortment of
counterfeit Chanel products. The assortment of merchandise included
handbags, watches, shoes, and clothing, and was valued at USD 30
million. The company retained a Belize lawyer and filed charges
against the importer. Customs officials note that the case is still
pending.

BELIPO officials reiterated that Belize's IP laws have been
successfully tested, and that under Belize's Copyright and Trademark
Laws, the onus to institute legal action against violators of
intellectual property rights in Belize lies with the holder of those
rights and not with local law enforcement officials. Additionally,
many intellectual property rights-holders have chosen not to pursue
infringement cases here because violations in a market as small as
Belize's are relatively insignificant. BELIPO officials also asked
for continued USG support of training, not only for BELIPO employees
but also for Customs officials, to enhance that agency's ability to
identify counterfeit goods.

--------------
Recommendation
--------------


7. (SBU) Post continues to recommend that Belize be placed on the
Watch List in the 2009 Section 301 Report. Belize has made good
progress in developing relations with rights holders, but
improvements must be made in investigations and prosecutions of IP
infringement cases. Weak enforcement with respect to the Corozal
Commercial Free Zone remains a concern as infringing products are
shipped from Mexico to the United States and elsewhere. However,
Post is of the opinion that if the rights-holders do not file
complaints or pursue cases, the Government of Belize should not be
penalized.

DIFFILY