VZCZCXYZ0000
PP RUEHWEB

DE RUEHDG #0642/01 0541353
ZNR UUUUU ZZH
P 231353Z FEB 06
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 3677
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY

UNCLAS SANTO DOMINGO 000642 
 
SIPDIS 
 
SIPDIS 
 
PLS. PASS TO USPTO FOR JOELLEN URBAN 
PASS USTR FOR JENNIFER CHOE-GROVES 
 
E.O. 12958: N/A 
TAGS: KIPR ETRD DR
SUBJECT: DOMINICAN REPUBLIC: INPUT FOR 2006 SPECIAL 301 
REVIEW 
 
REF: STATE 14937 
 
¶1. Summary: The Dominican government has shown improvement in its atten 
intellectual property rights.  Ratification of CAFTA-DR by Dominican Co 
in September 2005 brought further pressure on the government to underta 
legislative changes as part of its commitment under the free trade agre 
strengthen IPR protection.  In January 2006 the Dominican Republic depo 
instruments of ratification for the WIPO Copyright Treaty and the WIPO 
Performances and Phonograms treaty as part of this commitment.  Ongoing 
to meet implementation requirements for CAFTA-DR have helped keep the 
government focused on improving IP protection, though there remains sig 
room for progress, notably in strengthening data protection and linkage 
video piracy is a growing problem, the copyright office (ONDA) reported 
confiscation and destruction of 190,000 DVDs during 2005.  Embassy reco 
maintaining the Dominican Republic on the Special 301 Watch List.  End 
 
IP Climate 
------------- 
¶2. While the Dominican Republic has laws with sanctions adequate to pro 
copyrights and has improved the regulatory framework for patent and tra 
protection, United States industry representatives continue to cite 
insufficiently rigorous IPR enforcement as a major concern.  There have 
signs of improvement in IPR enforcement, most notably in the area of te 
broadcast piracy, which has been a source of major concern. 
 
¶3. CAFTA-DR, ratified by the Dominican Republic in September 2005 but n 
implemented, obligates the Dominican Republic to strengthen its IPR pro 
regime.  In particular it will require stronger deterrence against pira 
counterfeiting by criminalizing end user piracy and requiring the autho 
to seize, forfeit, 
and destroy counterfeit and pirated goods and the equipment used to pro 
them. 
 
Comment: We are optimistic that the Dominican GovernmentQs interest in 
implementing CAFTA-DR will bring about further improvements over the co 
the next few months. End comment. 
 
Optical Media Piracy 
-------------------------- 
¶4.  According to a local attorney who serves as MPA representative in t 
Dominican Republic,  the number of illegal copies of DVD movies produce 
grew significantly during 2005.    ONDA (the Dominican copyright office 
reported confiscation and destruction of 250,000 music compact discs an 
190,000 DVDQs during 2005.  31 multiple drive computers for audio and v 
reproduction were also confiscated and destroyed during the year. 
 
¶5. Note: In February 2006, local newspapers reported on police raids on 
resulting in shootings and at least one serious injury of a vendor of p 
CD/DVDs.  One report included the story of a group of pirates respondin 
crackdown by forming a committee and approaching local music and movie 
producers in hopes of being awarded favorable prices on legitimate copi 
protected material, which could then be distributed at lower prices in 
neighborhoods where the pirates are often established. 
 
 
 
Use/Procurement of Government Software 
--------------------------------------------- -- 
¶6. ONDA prepared a draft regulation in December 2005 designed to regula 
government procurement and use of computer equipment and software.  The 
was submitted to USTR and is currently under review along with other CA 
implementation draft documentation.  It specifically calls for central 
government offices to guarantee that government computers use only soft 
that complies with Qapplicable copyright regulations.Q 
 
TRIPS Compliance and CAFTA DR 
------------------------------------------- 
¶7. CAFTA-DR mandates both statutory and actual damages for copyright an 
trademark infringement, measures to help ensure that monetary damages c 
awarded even when it is difficult to assign a monetary value to the 
infringement.  In December 2005 the Dominican government submitted to U 
ranging proposed legislation to meet its commitments under CAFTA-DR.  I 
working meetings between the Dominican government and USTR are pending 
documents are translated and USTR continues to move forward with its re 
four Central American CAFTA countries which began the implementation pr 
earlier.  Embassy expects a detailed and intense series of technical wo 
sessions to begin soon, during which USTR will work with Dominican auth 
to ensure that proposed legislation brings the country into compliance 
commitments under CAFTA-DR. 
 
Data Protection 
------------------ 
¶8. Dominican Industrial Property Law and regulations have not yet been 
in legal proceedings, so the effectiveness of those measures has not be 
tested.   CAFTA-DR requires that test data submitted to the Dominican 
government for the purpose of product approval be protected against unf 
commercial use for a period of 5 years for pharmaceuticals and 10 years 
agricultural chemicals.  Several Dominican pharmaceutical manufacturers 
repeatedly sought changes to proposed implementing laws and procedures 
E 
 
to avoid this requirement, but leadership in both houses of Congress ha 
 
declined to entertain draft legislation to this effect.  Complying with 
requirements for data protection will necessitate close and more effect 
coordination between licensing authorities and the Patent Office. 
 
Television Broadcast Piracy 
------------------------------------ 
¶9. The Dominicans committed in a side letter to CAFTA-DR to make strong 
efforts to halt television broadcast piracy and agreed to report on the 
efforts in this regard in a quarterly report to USTR.  The Embassy has 
improved coordination in this regard among various government agencies 
including the Secretariat of Industry and Commerce, the Attorney Genera 
Office, the Patent Office and the Copyright Office.  The authorities ad 
cable television operators of their legal responsibilities regarding co 
secured a formal agreement with the operators' association in August 20 
in September seized equipment from six operators found to be infringing 
laws.  The Attorney General's office instituted proceedings against sev 
television broadcasters in the first half of 2005 for infringement of t 
copyrights of the owners of various U.S. film titles. 
 
Enforcement and Efforts Against Import of Counterfeit Goods 
--------------------------------------------- -------------------------- 
¶10. Dominican Customs recently created a six-person office responsible 
enforcement on imported goods.  The officeQs director, formerly assigne 
Dominican Embassy in Washington, appears to be capable and eager to wor 
other appropriate Dominican government agencies to ensure the effective 
his office.  In February 2006, Dominican House of Representatives appro 
legislation that gives Customs full, legal autonomy over its own budget 
should make it possible for Customs to continue efforts such as this. 
 
Treaties 
--------- 
¶11. The Dominican Republic deposited instruments of ratification for th 
Copyright Treaty and the WIPO Performances and Phonograms Treaty, and t 
entered into force for the country on January 10, 2006. 
 
Summary and Recommendation 
---------------------------------------- 
¶12. The CAFTA-DR implementation process presents a significant opportun 
ensure that the stronger IPR protections negotiated under the agreement 
adhered to by the Dominican government.  The CAFTA-DR framework has res 
efforts by the Dominican government to step up enforcement as in the ca 
improved efforts to stop cable broadcasting piracy, to create an IP enf 
office within Customs and to modify legislation to ensure that areas in 
the country is weak are brought up to international standards.    We re 
maintaining the Dominican Republic on the Special 301 Watch List so tha 
Embassy can use the ranking to encourage the government to undertake fu 
efforts to strengthen IPR protections in the coming year. 
HERTELL