INTELLECTUAL PROPERTY RIGHTS PROTECTION A PRIORITY SAY DUBAI

UNCLAS SECTION 01 OF 02 DUBAI 000336 SENSITIVE SIPDIS DEPARTMENT FOR NEA/FO; NEA/ARP/BMCGOVERN DEPARTMENT PLEASE PASS USTR FOR MOWREY, BUNTIN E.O. 12958: N/A TAGS: ETRD KIPR EFIN ECON PREL AF TC SUBJECT: INTELLECTUAL PROPERTY RIGHTS PROTECTION A PRIORITY SAY DUBAI OFFICIALS. DUBAI 00000336 001.2 OF 002 ¶1. (SBU) SUMMARY: Protection of Intellectual Property Rights (IPR) and prosecution of counterfeiters remain top priorities of the Dubai and federal UAE governments, according to Dubai Customs officials. Efforts to date have been limited by a population still largely uninformed about the need to protect IPR and the sheer size of the challenge of monitoring the enormous volume of cargo passing through Dubai's ports. Dubai officials aim to increase IPR education for the public and enact tougher legal sanctions on counterfeiters. They also discussed broader IPR enforcement efforts in the region and the recent detention in Dubai of five transshipment containers suspected of holding counterfeit goods. END SUMMARY. -------------- DUBAI CUSTOMS LEADS IPR PROTECTION FOR UAE -------------- ¶2. (SBU) Given the significant trade volumes passing through Dubai, the now 100 year old Dubai Customs office is an important point of contact for IPR education and enforcement in Dubai and the UAE. The Department of Intellectual Property Rights, established in June 2005 and housed within Dubai Customs headquarters, is central to these efforts, active at each of Dubai's 16 key seaports, airports and border crossings. In addition to enforcing the UAE's federal copyright and trademark law, Dubai Customs also relies on Dubai-specific consumer protection laws to more stringently clamp down on and criminalize IPR infringements. These consumer protection laws seem to have broader legal jurisdiction and stricter sanctioning regimes. Dubai Customs senior legal advisor and Acting Director of the IPR Division, Khalid Babiker El Nour, told EconOff that Customs officials also rely on a fairly sophisticated shipment recordation system and a robust set of procedures to liaise with both local law enforcement and private businesses. Customs agents utilize updated logs full of pictures and certifying marks of trademarked goods provided by businesses to identify counterfeit goods that pass through the ports during routine inspections. ¶3. (SBU) Dubai officials act on information from local intelligence agencies and Dubai-based Immigration and Customs Enforcement (ICE) agents to target specific containers that may contain counterfeit goods. IPR Department officials then work with forensic investigators, local law enforcement, the Ministry of Health and the Dubai Municipality to verify the authenticity of suspected counterfeit goods and to confirm trademark infringement. They also liaise with federal authorities once violators have been identified, so that the UAE Ministry of Economy and Dubai Department of Economic Development can register these counterfeiters. Finally, local IPR officials notify the local media about IPR violators once criminal action has been initiated. ¶4. (SBU) The recent detention of five containers allegedly en route to Algeria from the Peoples Republic of China (PRC), suspected of holding counterfeit U.S. health and beauty products, demonstrates Dubai's expanding efforts to combat IPR infringement. The majority of the detained products are believed to be counterfeits of Proctor and Gamble and Unilever brands. El Nour told EconOff that after analyzing the contents of the containers, officials will hold meetings with the companies whose trademarks have been infringed upon and may ask them to press charges against the counterfeiters in criminal court. While these five containers are but a fraction of the millions of in-bound and transshipment cargo that pass through Dubai ports, their detention is a positive indication of Dubai Customs' commitment to IPR enforcement. In addition to current enforcement efforts, Mr. Mohammed Al Marri, Executive Director of Dubai Cargo Operations, suggested the formation of a joint Dubai Customs-ICE task force to monitor certain cargo shipments. -------------- IPR EDUCATION IS A PUBLIC AND PRIVATE EFFORT DUBAI 00000336 002.2 OF 002 -------------- ¶5. (SBU) El Nour explained that educating the public and Customs community about the importance of IPR protection is critical to combating the market for counterfeit goods. El Nour is advocating a joint public and private effort to combat IPR infringement, noting that Dubai government officials cannot tackle the problem alone. To date, Dubai Customs' officials have signed a Memorandum of Understanding (MOU) with the Brand Protection Group (BPG),which represents 11 private companies in the UAE interested in protecting IPR. El Nour told EconOff that the MOU has been effective in increasing information sharing between the public and private sectors. He added that, since 2006, Dubai Customs has hosted nine IPR workshops. In addition, Dubai hosts an annual IPR day in April. Officials also regularly disseminate IPR protection pamphlets provided by the World Intellectual Property Organization (WIPO) to local customs officials in neighboring jurisdictions, as well as to local businesses. -------------- COMMENT -------------- ¶6. (SBU) Dubai's IPR Department said all the right things about the importance of improved IPR enforcement in the UAE. Better yet, the recent detention of five in-bound containers at USG request demonstrates a willingness to take action utilizing sophisticated intelligence and identification procedures to interdict violators and protect residents from potentially dangerous counterfeit goods. The fact that officials here convey a willingness to employ broader and more stringent consumer protection laws to criminalize and sanction IPR infringements, in addition to the use of existing IPR laws on the books, indicates a commitment to combating the problem. The tougher sanctions on IPR violators also corresponds to the government's commitment to maintaining Dubai's image as a viable destination for acquiring properly certified and trademarked consumer goods and luxury brands. Given Dubai's role as a major transshipment hub for cargo and goods, we will continue to work closely with customs officials here to ensure diligent efforts to screen in-bound and transshipment cargo for counterfeit goods as well as other non-consumer oriented illicit cargo. END COMMENT. SIBERELL