VZCZCXYZ0005
PP RUEHWEB

DE RUEHUJA #0343 0530707
ZNR UUUUU ZZH
P 220707Z FEB 07
FM AMEMBASSY ABUJA
TO RUEHC/SECSTATE WASHDC PRIORITY 8672
INFO RUEHOS/AMCONSUL LAGOS 6198
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS ABUJA 000343 
 
SIPDIS 
 
SIPDIS 
 
STATE PASS TO USTR 
TREASURY FOR DAN PETERS 
USDOC FOR 3317/ITA/OA/KBURRESS 
USDOC FOR 3130/USFC/OIO/ANESA/DHARRIS 
 
E.O. 12958: N/A 
TAGS: ETRD KIPR NI
SUBJECT: 2007 SPECIAL 301 REVIEW POST INPUT 
 
Ref: State 7944 
 
¶1.  Given the very short time between when post learned that, for 
the first time, Nigeria had been nominated by industry for inclusion 
on the Special 301 list and the deadline for post submission, we can 
offer only limited input. 
 
¶2. Nigerian industry, U.S. industry, and the Nigerian government all 
recognize the serious problems raised by IPR issues in Nigeria.  In 
the trade and investment field, IPR stands out as an area in which 
there is political will to take action, and where authorities who 
deal with IPR issues have been very open to cooperation and 
collaboration with the U.S. and concerned industries.  We have sent 
a considerable number of Nigerian officials to the U.S. for training 
through the U.S. Patent and Trademark Office. The U.S. DOJ OPDAT 
conducted several courses to train prosecutors on how to handle IPR 
cases. The Commerce Department Commercial Law Development Program 
has carried out professional and legal seminars on IPR issues here 
in Nigeria.  All of these efforts have received the full cooperation 
of the GON, and have been very well attended by both senior and 
working level officials, including high court judges and agency 
heads. Nigerian police occasionally carry out well-publicized raids 
on caches of pirated goods. In the pharmaceutical field, there has 
been significant progress in reducing the amount of counterfeit 
drugs available. 
 
¶3. The Nigerian recording industry has raised serious concerns about 
Chinese optical disc plants that have located in Nigeria.  As noted 
by IIPC the government has begun to respond and has enacted new 
optical disc regulations that are now being put into place. 
 
¶4. Post agrees with the IIPA report that enforcement is the weak 
spot. This problem is not confined to IPR issues, however. In 
virtually every field of legal and criminal activity, enforcement is 
very weak. Even in high profile, high priority areas for the GON 
such as anti-corruption efforts and efforts to combat so-called 419 
fraud, or areas where there is intense international pressure and 
scrutiny such as drug trafficking, enforcement continues to be 
limited, slow and ineffective, reflecting the very low capacity of 
Nigerian law enforcement institutions. This is a systemic problem 
that will not yield to quick fixes or even higher levels of 
political attention. 
 
¶5. Although we do not dispute that software, print and particularly 
optical media piracy is a serious and growing problem in Nigeria, 
post is concerned that placing Nigeria on the Special 301 Watch list 
could be counterproductive to our goals. We would note the GON is 
aware of the problem, is taking steps to address the problem and the 
attitude of GON officials responsible for IPR issues is open and 
responsive to U.S. messages on the issue. We understand that DOC's 
CLDP is preparing a proposal for USAID/Washington central funding to 
do expanded IPR programs in Nigeria.  Placing Nigeria on the Watch 
List risks turning a cordial, cooperative relationship into one that 
is more adversarial and defensive, and ultimately less productive. 
 
¶6. The timing in particular is problematic. Nigeria's current 
president will be stepping down in the face of term limits following 
an election in April and a new President will take office in May. 
Placing Nigeria on the 301 Watch List just as the new administration 
enters office will be politically awkward. On a practical level, the 
newly elected parliament will be officially seated in late May and 
then adjourn for the summer, with parliament resuming work in the 
fall. New ministers and appointees will be settling in, but in 
general very little government activity will be taking place until 
fall, at which time a number of urgent post-electoral issues are 
likely to dominate the political agenda. It is highly unlikely that 
the Government of Nigeria would be able to focus much attention on 
IPR issues and accomplish IIPA's list of proposed actions for 2007 
in 2007, which would set the stage for a 2008 finding that Nigeria 
had failed to take action as requested and ratcheting up negative 
rhetoric at about the point where we could otherwise expect to be 
getting some traction in addressing IPR issues under the new 
government. 
 
¶7. For the reasons given above, post would not recommend putting 
Nigeria on the Special 301 list for 2007, the admitted problems with 
IPR enforcement notwithstanding. We can ensure that the appropriate 
GON officials are aware that Nigeria was nominated for the 2007 
list, and is likely to be nominated again in 2008, so that they can 
be prepared to offer a country submission in the 2008 process. 
CAMPBELL