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DE RUEHWN #0232/01 0341726
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FM AMEMBASSY BRIDGETOWN
TO RUEHC/SECSTATE WASHDC PRIORITY 1816
INFO RUCNCOM/EC CARICOM COLLECTIVE PRIORITY

C O N F I D E N T I A L BRIDGETOWN 000232 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR EB/TPP/IPE 
 
E.O. 12958: DECL: 01/31/2016 
TAGS: ETRD KIPR KCRM PINR BB
SUBJECT: BARBADOS INTELLECTUAL PROPERTY - STATUS AND 
STRATEGIES FOR BETTER ENFORCEMENT 
 
 
Classified By: A/DCM Sheila Peters for reasons 1.4(b) and (d). 
 
¶1.  (U) This is an action cable.  See ACTION REQUEST, 
paragraph 8. 
 
¶2.  (U) Note:  This is not a Special 301 cable, but covers 
some of the same themes.  Barbados has not historically been 
on the list for Special 301 review.  End Note. 
 
¶3.  (C) Summary:  Sergeant Paul Vaughan of the Barbados 
Police Force, upon returning from USG training on 
Intellectual Property Rights (IPR) enforcement, gave EconOff 
an account of Barbados government policy on IPR enforcement 
and offered some strategies for enforcing IPR.  Vaughan 
suggested that the Motion Picture Association of America 
(MPAA) station a representative in the Caribbean on a 
full-time basis to file civil suits protecting MPAA IPR and 
to serve as an expert witness in criminal IPR cases.  He also 
informed EconOff of a push by some Barbadians to put the 
country in DVD Region 1 (U.S. and Canada) instead of Region 4 
(Latin America).  End Summary. 
 
------------ 
The Training 
------------ 
 
¶4.  (SBU) Sergeant Paul Vaughan, head of the new (founded 
2004) Copyright Infringement Unit of the Royal Barbados 
Police Force, attended a course the U.S. Patent and Trademark 
Office (USPTO) Academy on the Enforcement of Intellectual 
Property Rights in Alexandria, Virginia, from January 24-27. 
Upon his return to Barbados, he met with EconOff and 
expressed gratitude for the training, as well as sharing some 
ideas about improving IPR enforcement in Barbados. 
 
-------------------------------- 
New Caribbean Role for the MPAA? 
-------------------------------- 
 
¶5.  (SBU) Vaughan suggested the Motion Picture Association of 
America (MPAA) station a representative in the Caribbean to 
bring civil IPR infringement lawsuits and serve as an expert 
witness in copyright infringement cases.  He explained that, 
under Barbados law, only the person whose IPR rights have 
been violated (the MPAA) can bring a civil case and fight for 
damages.  This legal constraints may explain why the police 
have had trouble prosecuting video stores for IPR 
infringement.  Apparently, no one from the MPAA has sent 
anyone to Barbados to bring cases against IPR violators. 
 
--------------------------------- 
Barbados IPR Enforcement Strategy 
--------------------------------- 
 
¶6.  (C) Vaughan outlined his plan to combat IPR violators in 
Barbados, saying his priorities are A) stopping street 
vendors who sell illegal music and videos/DVDs, B) fighting 
music piracy (especially of local artists), and C) halting 
DVD and video piracy in video stores.  He also plans to 
intensify surveillance of illegal street vendors and video 
shops to prove his suspicion that such enterprises are 
connected to drug trafficking. 
 
---------------------- 
Region 1 for Barbados? 
---------------------- 
 
¶7.  (C) According to Vaughan, Stuart Mottley, brother of 
Barbados Attorney General Mia Mottley, led a group of 
Barbadians to Washington to lobby the MPAA for Barbados to be 
in Region 1 for DVD sales (same as the U.S.) instead of 
Region 4 (Latin America).  (Note:  To protect Hollywood's 
system of varying theatrical release dates by country, DVD 
players and disks are restricted by geographical region.  A 
movie that is out on DVD in the U.S. may have just been 
released in movie theaters in Europe.  Ensuring that DVDs 
only function in their intended region helps movie studios 
maximize profits and avoid a situation where a new movie is 
simultaneously in the theater and available on DVD.  End 
Note.)  According to an American who owns a movie theater in 
Barbados, most people on the island own Region 1 DVD players 
so restricting DVD imports to Region 4 limits the legitimate 
DVD sales market. 
 
 
¶8.  (SBU) Action Request:  Please provide guidance as to how 
to respond to Sergeant Vaughan's assertion that U.S. IPR 
rights can only be upheld if a person specifically authorized 
by the MPAA makes a complaint in a local court.  Is this 
position consistent with the Trade Related Aspects of 
 
Intellecutal Property Rights (TRIPS) agreement?  Also, what 
does the MPAA think about Barbados or the Caribbean as a 
whole switching to Region 1? 
 
¶9.  (C) Comment:  Although he appears committed to his work, 
Vaughan has had limited success stopping IPR violators. 
Local music is often available only in pirated form and video 
store employees blatantly copy tapes behind the counter 
during working hours.  Hopefully, the USPTO training will 
encourage Vaughan in his fight to better enforce IPR in 
Barbados. 
KRAMER