VZCZCXRO3243
PP RUEHTRO
DE RUEHTU #0992/01 2071252
ZNR UUUUU ZZH
P 261252Z JUL 07 ZDK
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 3564
INFO RUEHAD/AMEMBASSY ABU DHABI PRIORITY 0905
RUEHAS/AMEMBASSY ALGIERS PRIORITY 7504
RUEHEG/AMEMBASSY CAIRO PRIORITY 1458
RUEHLO/AMEMBASSY LONDON PRIORITY 1326
RUEHNK/AMEMBASSY NOUAKCHOTT PRIORITY 0893
RUEHFR/AMEMBASSY PARIS PRIORITY 1800
RUEHRB/AMEMBASSY RABAT PRIORITY 8414
RUEHTRO/AMEMBASSY TRIPOLI PRIORITY 0119
RUEHCL/AMCONSUL CASABLANCA PRIORITY 4117
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY
RUCPDOC/USDOC WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 TUNIS 000992 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR NEA/MAG (HARRIS) AND EB/IPE 
STATE PASS USTR (BUNTIN) AND USAID (MCCLOUD) 
USDOC FOR ITA/MAC/ONE (NATHAN MASON), ADVOCACY CTR (JAMES), 
AND CLDP (TEJTEL AND MCMANUS) 
USDOC PASS USPTO (ADAMS, BROWN AND MARSHALL) 
CASABLANCA FOR FCS (ORTIZ) 
EGYPT FOR FCS (MOEZIE) 
LONDON AND PARIS FOR NEA WATCHER 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR TS
SUBJECT: TUNISIA READIES NEW IPR LEGISLATION 
 
REF: A. 06 TUNIS 2963 
 
     ¶B. 06 TUNIS 2771 
 
------- 
Summary 
------- 
 
¶1. (SBU) In a July 24 meeting with EconOff, Director General 
of Tunisian Copyright Protection Organization (OTPDA), 
Mohamed Kheireddine Abdel Ali, spoke optimistically and 
enthusiastically about Tunisia's progress on intellectual 
property rights protection and an increased GOT commitment to 
the issue.  Abdel Ali outlined upcoming draft legislation on 
IPR, which will bring Tunisia's legislative framework into 
compliance with existing international obligations and 
improve GOT enforcement capabilities.  End Summary. 
 
------------------------------- 
Commitment at the Highest Level 
------------------------------- 
 
¶2. (SBU) Abdel Ali spoke optimistically and enthusiastically 
about Tunisia's progress on IPR protection, noting that 
"things are moving."  According to Abdel Ali, the movement is 
due to the political will -- of President Ben Ali himself -- 
to improve IPR protection.  Abdel Ali referenced the 
President's National Culture Day speech, that stressed the 
importance of intellectual property rights and adapting the 
Tunisian legislative framework to international developments. 
 On 2006's Culture Day, Abdel Ali received a Cultural Order 
of Merit award from Ben Ali, which according to Abdel Ali 
demonstrated the importance the President attaches to his 
work.  Abdel Ali stated that when he took the helm of OTPDA 
he was "like an orphan", but now "everyone -- the Ministers 
of Commerce, Justice, Development, and Communications" is 
talking about the importance of intellectual property rights. 
 
 
-------------------- 
Enforcement Steps Up 
-------------------- 
 
¶3. (SBU) Abdel Ali noted that since the end of 2006 there 
have been over 700 inspections, leading to the closure of 100 
stores and the issuance of 300 tickets.  EconOff emphasized 
that the Embassy was happy to see Carrefour remove pirated 
optical discs from its store (Ref B), but noted that another 
store in the Carrefour shopping center had since begun 
selling pirated discs.  Abdel Ali told EconOff he would ask a 
contact on the enforcement task force to look into that 
particular example, but added that this example highlighted 
the difficulty of enforcement.  He remarked that while it 
would be impossible to eliminate counterfeiting, the goal is 
to reduce counterfeiting to the lowest level tolerable.  He 
acknowledged, however, that piracy in Tunisia is currently at 
"an intolerable level." 
 
--------------- 
New Legislation 
--------------- 
 
¶4. (SBU) Abdel Ali outlined the new legislation on IPR 
protection and enforcement that is currently being drafted. 
He emphasized that the changes would bring Tunisia's 
legislative framework in compliance with international 
obligations, such as the Convention of Rome.  Currently there 
are several areas where Tunisian law contradicts 
international treaty obligations.  For example, Tunisian law 
grants 25 years of protection on software, while the WTO 
requires 50 years.  While in the judicial system treaty 
obligations supersede Tunisian law, the new law will remove 
these contradictions.  The law also aims to improve 
 
TUNIS 00000992  002 OF 002 
 
 
enforcement by giving OTPDA enforcement capabilities and by 
easing the procedural burdens required to seize counterfeit 
goods.  According to Abdel Ali, customs inspectors and 
enforcement agents will be authorized to seize counterfeit 
goods without prior authorization from the Ministry of 
Justice.  The legislation will also align the sanctions for 
neighboring rights and authors' rights, while increasing the 
penalties for infringement of both.  Fines will be raised and 
range from 5,000 to 50,000 Tunisian dinars, with a 
possibility of doubling the fines for repeat offenders.  The 
draft also proposes allowing prison sentences of up to one 
year.  Abdel Ali drafted significant portions of the 
legislation himself but noted that the legislation is still 
under review.  He speculated that it would be passed before 
December. 
 
------------------ 
Future Cooperation 
------------------ 
 
¶5. (SBU) Abdel Ali expressed eagerness to continue 
cooperation with the USG on IPR issues.  He noted his 
interest in learning from the US experience in dealing with 
Internet-based piracy, such as peer-to-peer file sharing. 
Abdel Ali also welcomed any assistance the USG could provide 
in terms of software for registering copyrights and 
calculating royalty payments.  He noted that OTPDA had not 
been able to find a program that matched its needs and 
complained of the time wasted by keeping manual records. 
OTPDA also looks forward the proposed MEPI-funded USPTO 
seminar on copyright enforcement. 
 
------- 
Comment 
------- 
 
¶6. (SBU) As Abdel Ali noted himself, the current level of 
piracy in Tunisia remains high and unacceptable.  While more 
must be done, the new legislation is welcome and demonstrates 
a commitment to improving Tunisia's IPR protection regime. 
Yet, it is often in the enforcement and application of IPR 
laws where Tunisia falls short.  The GOT can claim Carrefour 
as a success, but the continued sale of pirated optical discs 
in most major retail stores and complexes reveals that 
enforcement remains lax.  Whether the new law will bring the 
promised improvements in enforcement remains to be seen.  END 
COMMENT. 
GODEC