VZCZCXYZ0015
RR RUEHWEB

DE RUEHKG #0176/01 0361336
ZNR UUUUU ZZH
R 051334Z FEB 10
FM AMEMBASSY KINGSTON
TO RUEHC/SECSTATE WASHDC 0653
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHKG/AMEMBASSY KINGSTON
RUEHLO/AMEMBASSY LONDON 0164
RUEHOT/AMEMBASSY OTTAWA

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 
 
------------------------------------ 
 
 
 
¶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 
 
-------------------------------------- 
 
 
 
¶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 
 
--------------------------------------------- - 
 
 
 
¶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 
 
--------------------- 
 
¶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 
 
------------- 
 
 
 
¶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 
 
------------ 
 
 
 
¶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