VZCZCXYZ0007
RR RUEHWEB

DE RUEHMU #2654/01 3651707
ZNR UUUUU ZZH
R 311707Z DEC 07
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC 1877
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS MANAGUA 002654 
 
SIPDIS 
 
STATE FOR WHA/CEN, EB/TPP/IPE 
DEPT PLEASE PASS TO JUSTICE FOR OPDAT ROBERT LIPMAN 
STATE PLEASE ALSO PASS TO USTR FOR ANDREA MALITO 
TREASURY FOR SARA GRAY 
USDOC FOR 4332/ITA/MAC/WH/MSIEGELMAN 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KIPR ECON USTR NU
SUBJECT: NICARAGUAN OFFICIALS AND INDUSTRY DRAFT IPR ENFORCEMENT 
MANUAL 
 
 
SUMMARY 
------- 
 
¶1. (SBU) Embassy Managua hosted an intellectual property rights 
(IPR) enforcement workshop, led by the U.S. Department of Justice's 
Office of Overseas Prosecutorial Development, Assistance and 
Training (DOJ/OPDAT), to facilitate the drafting of a best practices 
IPR enforcement manual by Government of Nicaragua (GON) officials 
and industry to combat piracy and other IPR crimes.  Eight different 
GON institutions and three separate industry representatives 
attended the workshop.  The workshop also inspired GON officials and 
industry representatives to organize ad hoc meetings to finalize the 
manual and improve their cooperation to combat IPR crimes.  End 
Summary. 
 
 
FOCUS OF THE IPR WORKSHOP 
------------------------- 
 
¶2. (U) Embassy Managua hosted an intellectual property rights (IPR) 
enforcement workshop December 4-6, 2007, to facilitate efforts of 
Government of Nicaragua (GON) officials and industry representatives 
to draft a best practices IPR enforcement manual to combat piracy 
and other IPR crimes, such as trademark infringement and copyright 
violations.  A DOJ/OPDAT Program Manager and his training team 
designed and led the workshop.  The draft manual created during the 
workshop was specific to Nicaragua and reflected the broad 
experience and knowledge of the participants.  Once finished and 
published, all Nicaraguan prosecutors and investigators can use this 
best practices manual as a resource for handling IPR cases. 
 
 
GOOD ATTENDANCE AND PARTICIPATION AT THE IPR WORKSHOP 
--------------------------------------------- -------- 
 
¶3. (SBU) Eight different GON institutions and three separate 
industry representatives attended the workshop.  GON participants 
included two civil court justices, two public prosecutors, two 
police officers from the Economic Crimes Unit and one police officer 
from the National Crime Laboratory, three Customs officials, two 
court police assistants, one official from the Directorate General 
of Taxes, and one official from the Ministry of Trade, Industry, and 
Development (MIFIC).  Industry participants included representatives 
from the Free Trade Zone, Nicautor (an association which advocates 
IPR enforcement and protection for book authors and music 
companies), the American Chamber of Commerce of Nicaragua, and a 
private attorney who specializes in IPR protection.  Of the 24 
participants invited to the workshop, 20 attended all three days of 
the event. 
 
¶4. (SBU) After a preliminary discussion of the importance of IPR 
protection, the participants were divided into four teams to begin 
drafting the manual.  Each team was given a specific section to 
draft: a) intelligence gathering, b) investigation procedures and 
techniques, c) possible charges and defenses against those charges, 
and d) applicable laws.  The teams worked separately to create a 
first draft.  Once each team completed their draft, it was 
distributed to other teams for editing, revision, and additions. 
When the sections were put together, the draft manual was reviewed 
by the entire group at the end of the program.  On several 
occasions, members of the investigative procedures and techniques 
team (police, public prosecutors, MIFIC) engaged in spirited 
discussions with the applicable laws team (judges).  They debated 
the judicial branch's interpretation of certain statutes related to 
evidence gathering.  They also discussed how IPR provisions included 
in bilateral and multilateral treaties, such as the Central American 
Free Trade Agreement, should be enforced. 
 
EMPHASIZING MUTUAL INTERESTS AND COOPERATION 
-------------------------------------------- 
 
¶5. (SBU) Throughout the workshop, the OPDAT representative and his 
training team emphasized that the GON and industry have mutual 
interests in combating IPR violations.  GON and industry 
representatives agreed that IPR enforcement and protection were in 
Nicaragua's national interests.  One police officer from the 
Economic Crimes Unit said that IPR protection was important to 
Nicaragua's economic development, trade interests, and job creation. 
 A representative from Nicautor asserted that both the GON and the 
private sector have interests in upholding and promoting the rule of 
law.  A customs official said that cooperation among government 
entities and between the GON and industry has been a longstanding 
issue.  She noted that this workshop presented the GON and industry 
an opportunity to enhance cooperation, share ideas, and exchange 
views from their respective professional perspectives to improve IPR 
enforcement and protection. 
 
PARTICIPANTS TAKE INITIATIVE TO WORK TOGETHER 
--------------------------------------------- 
 
¶6. (SBU) During the last day of the meeting, the participants 
finished the first draft of the IPR best practices manual.  On their 
own initiative, the participants scheduled a meeting on December 11 
to approve a final version of the IPR best practices manual and 
explore the creation of an interagency working group on IPR 
enforcement.  They have scheduled another meeting on January 11 to 
continue their work and discussions on enhanced interagency 
cooperation.  Dr. Leyla Prado, Head of the IPR Unit in the Public 
Prosecutor's Office, told Econoff on December 20 that there is 
currently a lot of enthusiasm among some of the GON officials and 
industry representatives who attended the IPR workshop to continue 
these ad hoc meetings.  She said that GON officials and industry 
recognize that more communication, even at an informal level, will 
produce tangible, official results in combating piracy and other IPR 
crimes. 
 
TRIVELLI