This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 03 AMMAN 009708 
 
SIPDIS 
 
SENSITIVE 
 
STATE PLEASE PASS TO USTR 
STATE FOR EB/TPP/IPE - A. ADAMO 
STATE ALSO FOR NEA/ELA - M. ROSENSTOCK 
 
E.O. 12958: N/A 
TAGS: KIPR ETRD KTIA PGOV ECON JO
SUBJECT: JORDAN IPR PROBLEMS AND SOLUTIONS: PART II - GAPS 
IN THE LEGAL-REGULATORY FRAMEWORK 
 
REF: AMMAN 8330 AND PREVIOUS 
 
SENSITIVE BUT UNCLASSIFIED.  FOR USG USE ONLY.  NOT FOR 
INTERNET DISTRIBUTION. 
 
THIS IS THE SECOND IN A SERIES OF CABLES ON INTELLECTUAL 
PROPERTY RIGHTS IN JORDAN. 
 
¶1.  (SBU) SUMMARY:  Jordan,s governmental infrastructure to 
protect IPR is decent, but most observers agree that human 
resource capacity building is a pressing need for that 
infrastructure to function effectively.  The Ministry of 
Industry and Trade's Industrial Property Protection 
Directorate, and the National Library within the Ministry of 
Culture, are the two focal points for policies on patents, 
trademarks and copyright.  The Customs Department, police, an 
anti-fraud unit, and the Jordan Institute of Standards and 
Metrology (JISM) all play a role in IPR enforcement, as do 
prosecutors and the judiciary.  A cadre of Western-trained 
lawyers who specialize in IPR are able to assert their 
clients' rights; and the Jordan Intellectual Property 
Association (JIPA) brings together a strong group of 
stakeholders, including Jordan's sophisticated software 
development community. 
 
¶2.  (SBU) Despite this network of IPR supporters and Jordan's 
relative leadership on IPR in the region, the laws and 
regulations underpinning IPR protection lack coherence, and 
can lead to sub-optimal ad hoc solutions to commonly 
recognized IPR protection problems. The passage of amendments 
to key laws, and a better system of regulations and 
administrative directives, could improve communication 
between agencies, enhance enforcement efforts, and bring a 
common judicial standard to civil and criminal cases in the 
IPR field.  The Ministry of Industry and Trade has formed two 
committees to address IPR deficiencies, and the National 
Library Director General is establishing a copyright 
enforcement committee.  Minister of Industry and Trade Sharif 
Zu'bi has promised to press for stricter penalties for 
infringement, and the GoJ is continuing an effective public 
awareness campaign to support IPR enforcement.  END SUMMARY. 
 
High IPR Aspirations 
-------------------- 
 
¶3.  (SBU) Jordan,s international IPR commitments span a wide 
gamut: over the past two years, Jordan acceded to the WIPO 
Copyright Treaty, the WIPO Performances and Phonograms 
Treaty, the Patent Cooperation Treaty, and the Madrid 
Agreement Concerning the International Registration of Marks. 
 In March, Jordan issued an amended Copyright Law.  In the 
Free Trade Agreement (FTA) with the U.S., IPR commitments 
constitute 29 paragraphs, a quarter of the entire document. 
The GoJ faces a serious task in meeting all its commitments 
on patents, trademarks, copyright, plant varieties, and 
special measures regarding regulated pharmaceuticals or 
agricultural chemical products, and other IPR areas. 
 
¶4.  (SBU) Bringing together all the elements that implement 
these IPR commitments is a challenge for the GoJ. 
Coordinating the nine main Jordanian laws on IP, as well as 
laws on criminal procedures, civil procedures, criminal 
penalties, and customs is a major task, according to Tawfiq 
Tabaa, a U.K.-educated IP lawyer practicing in Amman.  Tabaa 
successfully mounted the Business Software Alliance private 
campaign against software pirates.  He works with a team that 
finds computer hardware suppliers who sell "free" software, 
then notifies the National Library, which raids the shop 
during the sale of pirated goods.  The first step for the 
plaintiff is to decide whether to file a complaint in 
conjunction with a criminal case, go for a separate civil 
case, or proceed with both cases, either separately or 
together.  Tabaa is satisfied with the "ex officio" seizure 
powers granted by the copyright law - the National Library 
can and does confiscate infringing material from any location 
in the kingdom.  However, he is concerned about delays in 
reaching a judgment (usually over a year, and up to 
three-and-a-half years if the defendant is aggressive), the 
lack of communication by prosecutors, and the ineffectual 
punishments meted out by judges; most penalties are no more 
than a couple hundred Jordanian dinars - about USD $280 - 
when the maximum fine is JD 6000. 
 
Implementation Problems 
----------------------- 
 
¶5.  (SBU) Tabaa's experience is illustrative of other 
drawbacks  of the current IPR system.  Under the Customs Law, 
Jordanian Customs may exercise "border measures" to retain 
suspected counterfeits or other IP infringing items, but only 
for eight days.  Customs must attempt to inform the probable 
right holder, who must then file a complaint within the eight 
days; otherwise, in the absence of a complaint the materials 
must be released by law.  (Article 4, paragraph 26 of the 
FTA, calls for "border measure actions ex officio, without 
the need for a formal complaint by a private party or right 
holder.")  Customs also has difficulties dealing with the 
flood of counterfeits into free zones, where Customs is 
called on to value goods only if they are entered into the 
local economy. 
 
¶6.  (SBU) Court rulings and legal incompatibilities also 
reveal spottiness in the GoJ,s IPR system.  When a prominent 
international law firm filed a complaint against a product 
counterfeiter under "unfair competition" laws, the higher 
court eventually threw out the case because the plaintiff had 
not registered the mark in Jordan.  The ruling took no 
account of the unfair competition complaint.  IP lawyers note 
that there are clear contradictions between trade secrets and 
unfair competition laws.  There are also serious unresolved 
issues regarding pharmaceutical IPR protections, although the 
relevant GoJ authorities have promised to work on these 
issues (to be reported septel). 
 
But Committees Considering Next Steps 
------------------------------------- 
 
¶7.  (SBU) Under the FTA, Jordan was accorded a transition 
period until December 2004 before being required to fully 
implement FTA IPR provisions.  GoJ officials are aware of 
these obligations.  At the Ministry of Industry and Trade, 
Minister Sharif Zu'bi has appointed a committee - inviting 
members from all of the key IPR enforcement agencies - to 
examine how to upgrade and enforce patent and trademark laws 
and regulations.  A separate committee on 'ex officio' powers 
examined the problem at the borders, and recommended that 
such powers be granted to the Jordan Institute for Standards 
and Metrology (JISM).  Amendments reportedly will be required 
to both the JISM Law and the Customs Law.  NOTE:  It remains 
unclear whether GoJ Customs will surrender its mandate to 
confiscate and retain counterfeited brand name products or 
pirated goods.  Customs may retain the power, and given its 
larger presence at the border, the Customs staff or a 
specially trained cadre should probably continue to screen 
for fakes.  The issue may remain unresolved until Parliament 
passes the relevant amendments.  Embassy has requested copies 
of the proposed Customs amendments.  END NOTE. 
 
¶8.  (SBU) At the National Library, Director General Mamoun 
Talhouni is focusing on the IPR public awareness campaign 
(reftel), including by giving public lectures on IPR 
violations.  Talhouni is now convinced that he also needs to 
form a committee to review enforcement of copyright laws.  He 
plans to include the police (which accompanies members of the 
six-strong NL copyright enforcement team on raids), Customs, 
the Judicial Council, and the Anti-Fraud Unit in the GoJ 
intelligence service, as well as JIPA.  Talhouni believes 
that newly-installed Minister of Culture Adel Tweisi will 
support his efforts.  He will recommend more training for the 
judiciary, among other initiatives. 
 
USAID Gap Analysis; More Steps Taken 
------------------------------------ 
 
¶9.  (SBU)  Consultants  associated with  USAID/Jordan,s 
Achievement of Market-Friendly Initiatives and Results (AMIR) 
Program will are conducting a thorough gap analysis of 
Jordan's major international IPR protection commitments 
versus the laws, regulations and directives currently on the 
books and will submit their report by mid-January.  Jordanian 
counterparts are keenly interested in learning the results of 
this study;  members of the MOIT and National Library 
committees will study the report closely.  (COMMENT:  We 
expect them to act on the results, as well.  END COMMENT.) 
 
¶10.  (SBU) In a sign of how the GoJ plans to fill the gaps in 
its IPR legal-regulatory framework, Minister Zu'bi told 
Econ/C December 8 he was shocked to learn from the National 
Library DG that judges were handing out 20 JD fines for 
copyright infringement, resorting to criminal penalty laws 
and avoiding the Copyright Law fines of up to 6000 JD. 
Zu,bi told Econ/C he would be requesting that the Judicial 
Council issue guidance for judges on penalties under the 
Copyright Law. 
 
¶11.  (SBU) COMMENT:  2006 looks to be a year of significant 
improvements for IPR protection in Jordan.  All relevant 
government bodies are engaged in studying the problems and 
looking for solutions.  The AMIR consultants conducting the 
gap analysis have a strong reputation in intellectual 
property law.  We are impressed by Minister Zu'bi's 
dedication, and believe that he and others want to project a 
Jordan where investors can be assured their intellectual 
property interests are fully protected. 
 
¶12.  (U) Next installment on IPR:  pharmaceuticals. 
 
RUBINSTEIN 
 
 
 
 
 
 
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