JAMAICA: IPR AND 301 WATCHLIST FOLLOW-UP

UNCLAS KINGSTON 000348 SIPDIS SENSITIVE STATE FOR WHA/CAR (ACADIEUX) (VDEPIRRO) (WSMITH) WHA/EPSC (MROONEY)(FCORNEILLE) STATE FOR EEB/TPP/IPE (JURBAN)(JHALLOCK)(CLACROSSE) DEPT OF COMMERCE FOR (AWILSON)(CPETERS) DEPARTMENT PLEASE PASS TO USPTO FOR AND USTR SANTO DOMINGO FOR FCS AND FAS TREASURY FOR ERIN NEPHEW E.O. 12958: N/A TAGS: ECON ETRD KIPR TRSY XL JM SUBJECT: JAMAICA: IPR AND 301 WATCHLIST FOLLOW-UP REF: A) STATE 42045 B) 08 KINGSTON 290 C) 08 KINGSTON 949 D) 08 KINGSTON 363 ¶1. (SBU) SUMMARY: Emboffs met with Carol Simpson, Executive Director of the Jamaican Intellectual Property Office (JIPO) on May 4 to discuss Jamaica's continued listing on the IPR 301 Watch List and the status of the proposed Patent and Design Act. Simpson explained the legislative process is time consuming and the Government of Jamaica (GOJ) has had to deal with other legislative priorities, including bills pertaining to the budget and global economic crisis as well as a package of proposed anti-crime measures. She admits frustration with the time it has taken to pass the bill, but emphasized that U.S. patents currently receive protection under Jamaica law. End Summary. Existing Protection of US patents -------------- ¶2. (SBU) Simpson stressed the point that patents approved in the United States (and the United Kingdom and the European Union) are granted immediate protection in Jamaica by a directive from the Attorney General's Chambers. She said she is personally frustrated by the length of time it has taken to pass this piece of legislation, but emphasized that U.S. patents are protected in accordance with the U.S.-Jamaica bilateral intellectual property rights (IPR) agreement. She added that she is concerned about Jamaica's continued listing on the 301 Watch List and wants to see the new Act passed to resolve this longstanding legislative obligation on the part of Jamaica. She pointed out that JIPO has a vested interest in passing the new legislation, since the current Patent law only allows the GOJ to charge 25 Jamaican dollars (U.S. 28 cents) to process a patent. The new act will allow for a more appropriate fee to register a patent. Slow Legislative Pace -------------- ¶3. (SBU) Simpson advised that Chief Parliamentary Counsel (CPC) Albert Edwards provided comments on the latest draft of the proposed Act and these were reviewed by JIPO. The draft Act was sent back to the CPC for final comments. If there are no substantive changes or revisions, the draft Act will be sent to the Parliamentary Legislation Committee (a subcommittee of the Cabinet) for a final review attended by JIPO and the Attorney General. If there are no further revisions, the Act will be tabled in Parliament by Minister of Industry and Commerce Karl Samuda. (Note: If there are any errors found by the CPC, the document must be returned to JIPO to correct the errors and then return the document to CPC. End Note.) ¶4. (SBU) According to Simpson, Minister Samuda sent a letter in February 2009 to the CPC seeking to expedite the review of the Act. She also commented that the CPC, which has been sidelined in reviewing more pressing legislation related to the national budget, the economic meltdown, and bills on anti-crime measures. She added that the new Act is a sizable document which takes a significant amount of time for the staff to review, and that a shortage of resources has further drawn out the process. COMMENT -------------- ¶5. (SBU) Simpson sounded personally frustrated by the GOJ's failure to date to pass the draft legislation. She told Emboffs last year that she was confident the bill would be passed by the start of ¶2009. She said both JIPO and Minister Samuda are anxious to see the legislation passed, as it will allow them to increase the fees for registering a patent to help finance operations. JIPO has been active in intellectual property right enforcement and outreach: Post will report septel on some of the recent IPR related events. End Comment. HEG