JAMAICA: 2009 SPECIAL 301 REVIEW REPORT

UNCLAS SECTION 01 OF 02 KINGSTON 000157

SENSITIVE
SIPDIS

STATE FOR WHA/CAR - BPREMONT/ACADIEUX, VDePIRRO, WSMITH
WHA/EPSC - MROONEY, FCORNEILLE
EEB/IPE - TMcGOWAN
EEB/ESC/IFD/EPC - MMcMANUS

PASS TO USTR - JGROVES

SANTO DOMINGO FOR FCS AND FAS
TREASURY FOR ERIN NEPHEW

E.O. 12958: N/A
TAGS: ECON ETRD KCOR KIPR TRYS IADB IBRD IMF XL JM
SUBJECT: JAMAICA: 2009 SPECIAL 301 REVIEW REPORT

REF: STATE 8410 (301008Z JAN 09)

SUMMARY AND RECOMMENDATION
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1. (SBU) Embassy Kingston recommends that Jamaica remain on
the Special 301 Watch list until it passes a World Trade
Organization (WTO) TRIPS-compliant patent law. The country's
trademark and copyright regime meet international standards, and
enforcement efforts remain commendable. Significant progress also
has been made in training officials involved in the protection of
intellectual property rights (IPR). Ministry officials and the
Executive Director of the Jamaica Intellectual Property Office
(JIPO) remain committed to the passage of the Patents and Designs
Act, but the process has been slow. Once the legislation is passed,
Post would recommend removing Jamaica from the Special 301 Watch
List. End Summary and Recommendation.

LEGISLATION
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2. (SBU) Jamaica is on the Watch List primarily because its patent
and industrial designs regime does not meet WTO TRIPS standards.
Jamaica has had TRIPS-compliant trademark and copyright acts in
place since 1999. The Jamaican Parliament also approved a bill to
protect Geographical Indications, but has yet to pass implementing
regulations. The patent, plant variety, and industrial design laws
are progressing, but JIPO has missed its 2008 deadline to pass the
new law. However, the organization remains hopeful that the
legislation will be effected before the next Special 301 Report
falls due. Deputy Executive director of JIPO, Lilyclaire Bellamy
told emboff that she has received a draft of the new legislation
from the Chief Parliamentary Counsel (CPC) for final verification.
Bellamy said she is about to send the draft back to the CPC for it
to be laid on the table of Parliament for discussion and passage
into law.

ADVOCACY AND TRAINING
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3. (SBU) Embassy Kingston has continued its advocacy efforts over
the past year, and in particular has continued to engage Government
of Jamaica (GOJ) officials concerning the importance of bringing the
country's IPR regime into full conformity with international
standards. In November, 2008, in conjunction with the United States
Department of Justice, the Embassy presented a workshop for Jamaican
experts to share best practices in combating piracy of intellectual
property. The workshop included experts from the judiciary, the
Office of the Director of Public Prosecutions, JIPO, the Jamaica
Constabulary Force, Jamaica Customs, and the private sector. The
experts participated in drafting a handbook to combat intellectual
property crimes, which is expected to enhance the country's capacity
to investigate and prosecute piracy.


4. (SBU) The GOJ has been very keen to take advantage of
training courses offered by the USG, in particular the
enforcement academies offered by the United States Patent and
Trademark Office (USPTO). In 2008, a number of Jamaicans attended
training in Alexandria, Virginia, and Post continues to seek
nominations of qualified individuals for such courses. As always, a
lack of resources means that the GOJ is unable to send personnel for
training at its own expense.

ENFORCEMENT
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5. (SBU) Jamaica increased its enforcement successes in 2008, with
the police seizing illegal goods from a number of store owners,
street vendors, and distributors. There are over 60 piracy cases
now before the courts across the island; some cases include larger
retail shops. Eighty percent of the IPR cases involve counterfeit
CD music; only a few cases involve counterfeit DVDs. The various
bureaucracies within the GOJ have internal procedures to prevent the
misuse of software licenses or the use of counterfeit software.
JIPO is working with the courts to soon list these cases on their
website for increasing public awareness. Jamaica has tried to be
aggressive in its enforcement efforts; JIPO believes this has acted
as a deterrent, and those who once dealt in counterfeits are
increasingly switching to genuine products. JIPO lawyers attend
court proceedings to provide legal support and have produced a
CD-ROM on all IP laws as a resource for judges and their clerks.

KINGSTON 00000157 002 OF 002



COMMENT
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6. (SBU) Post believes that Jamaica's continued inclusion on the
Special 301 Watch List will encourage the country to
pass the Patents and Design Act. Post believes that the GOJ in
general, and the JIPO in particular, make a sincere effort to comply
with IPR obligations in other areas. Post also believes that there
is no real structural impediment to the passage of the law; the
delay in enacting the requisite legislation has been caused by the
government having to focus on more pressing issues like rampant
violent crime, the declining economy, and pressure on the currency.
End Comment.

HEG