Jamaica: 2010 Special 301 Watch List Response

UNCLAS KINGSTON 000176

SENSITIVE
SIPDIS
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)
EEB/TPP/IPE: TMCGOWAN
USTR FOR JENNIFER GROVES

E.O. 12958: N/A
TAGS: ECON ETRD EFIN EINV PREL TRSY USTR KIPR XL JM
SUBJECT: Jamaica: 2010 Special 301 Watch List Response

REF: ALDAC 91217; 09 KINGSTON 157; 09 KINGSTON 348

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. Progress also has been made in
training officials involved in the protection of intellectual
property rights (IPR) and underlying political will is to preserve
and protect intellectual property rights. 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 exceedingly slow. Once the
legislation is passed, Post would recommend removing Jamaica from
the Special 301 Watch List. End Summary and Recommendation.



Legislation Status, Still Waiting

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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. In one element of progress, the Parliament
approved a bill to protect Geographical Indications Act and passed
implementing regulations. The patent, plant variety, and
industrial design laws are progressing, but JIPO has missed its two
previous internal deadlines to pass the new law. Executive
Director of JIPO Carol Simpson has expressed frustration to Emboffs
on January 26 that the legislation process has taken exceedingly
long, as slow moving anti-crime bills clog the way for other
important legislation such as the Patent and Designs Act. 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 a
draft of the new legislation is with the Chief Parliamentary
Counsel (CPC) waiting to be tabled before Parliament for discussion
and passage into law.



Minister of Education's Focus on IPR

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3. (U) Minister of Education, Andrew Holness, said in a speech on
January 28 at the University of the West Indies (UWI) that more
attention is to be paid to developing legislation on intellectual
property rights. He commented that for too long, the country's
concept of economic progress has focused entirely on the
development of physical property, with very little attention given
to intellectual property. The Minister said that once people start
to create ideas that can go to the market, without the regulatory
framework to protect their rights, there is chaos that encourages
them to go elsewhere to create that intellectual property. He added
that he is personally encouraging and pushing for the development
of the regulations for intellectual property.



Advocacy and Training

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4. (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.




5. (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 2009 and early 2010 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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6. (SBU) Jamaica increased its enforcement successes in 2009, with
police seizing illegal goods from a number of store owners, street
vendors, and distributors. Numerous piracy cases have gone before
the courts across the island; but if the defendant is an individual
actor, the judges appear less willing to impose serious penalties.
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.



Comment

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7. (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 GOJ
having to focus on more pressing issues like rampant violent crime,
the global economic recession, and negotiations to return to a
borrowing agreement with the International Monetary Fund. End
Comment.
Parnell