VZCZCXYZ0000
RR RUEHWEB

DE RUEHAM #2420/01 2321219
ZNR UUUUU ZZH
R 191219Z AUG 08
FM AMEMBASSY AMMAN
TO RUEHC/SECSTATE WASHDC 3346
INFO RUEHGB/AMEMBASSY BAGHDAD 6054
RUEHLB/AMEMBASSY BEIRUT 2901
RUEHEG/AMEMBASSY CAIRO 3763
RUEHDM/AMEMBASSY DAMASCUS 3958
RUEHKU/AMEMBASSY KUWAIT 0912
RUEHMK/AMEMBASSY MANAMA 0686
RUEHFR/AMEMBASSY PARIS 1529
RUEHRH/AMEMBASSY RIYADH 2001
RUEHTV/AMEMBASSY TEL AVIV 1297
RUEHJI/AMCONSUL JEDDAH 0821
RUEHJM/AMCONSUL JERUSALEM 5132
RUCPDOC/DEPT OF COMMERCE WASHDC
RHMFIUU/US CUSTOMS AND BORDER PROTECTION WASHDC

UNCLAS AMMAN 002420 
 
SENSITIVE 
SIPDIS 
 
STATE FOR NEA/ELA AND EEB 
STATE PLEASE PASS TO USTR (GROVES, FRANCESKI) 
STATE PLEASE PASS TO USPTO (LEIFMAN, REVES) 
STATE PLEASE PASS TO LOC (METZGER) 
STATE PLEASE PASS TO ICE (LOVETT) 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR JO
SUBJECT: JORDAN IPR UPDATE:  PROGRESS IN REVISING LAWS AND 
STRENGTHENING ENFORCEMENT CAPACITY 
 
REFS: 
A) AMMAN 2358 
B) AMMAN 332 
C) 07 AMMAN 36543 
 
¶1. (U) Summary: Jordan has continued to take a number of steps to 
enhance its legislation and increase its capacity to protect 
intellectual property rights (IPR).  With USG assistance, the 
National Library drafted new amendments to its copyright law to 
bring it into full compliance with the U.S.-Jordan Free Trade 
Agreement (FTA).  Jordan Customs Department also agreed to amend 
Article 41 of the Customs Law to ensure border authorities have "ex 
officio" IPR authorities in line with the FTA.  Strengthening border 
enforcement was the theme of training provided to over 47 
interagency government officials in July 2008 by the U.S. Patent and 
Trademark Office (USPTO), USAID, Customs and Border Protection (CBP) 
and Immigration and Customs Enforcement (ICE).  USPTO and USAID are 
also working with Jordan's Ministry of Industry and Trade to enhance 
the Information Technology (IT) systems that the Ministry uses in 
processing and examining trademark applications.  These and previous 
efforts have contributed to IPR protection efforts in Jordan, 
evidenced by 179 copyright violations being referred to the court 
during the first half of 2008.  End Summary. 
 
National Library to Amend Copyright Law 
--------------------------------------- 
 
¶2. (U) Representatives from the Office of the U.S. Trade 
Representative (USTR) and Library of Congress (LOC) met July 20-23 
with National Library officials to provide technical assistance in 
amending Jordan's Copyright Protection Law to ensure compliance with 
the FTA, a conditions precedent (CP) for FY2008 budgetary support 
provided by USAID in the form of a cash transfer.  Amendments to six 
articles were drafted among others which clarified distinctions 
between ownership, authorship and subsistence; prohibited the 
creation of anthologies of copyrighted works as textbooks; and 
prohibited the manufacture and importation of devices designed to 
circumvent protective technological measures.  The punishment for 
repeat offenders was also strengthened by requiring closure of the 
offending institution and suspending its business license.  In 
addition, the National Library drafted a new article stating that 
only original or legitimate copies of software may be used by the 
government and that an annual audit must be conducted to ascertain 
license status.  The article also states that if an illegitimate 
copy is found, the status must be rectified immediately. 
 
¶3. (U) The next step for these amendments is review by the 
Legislation and Opinion Bureau and Cabinet approval before 
submission to parliament.  All amendments have been the subject of 
discussion for several years and were on the agendas of several 
Joint Committee meetings.  Both Jordanian and U.S. officials were 
pleased with the progress and far-reaching discussion on other 
topics such as internet service providers. 
 
Additional Progress on Customs and Standards Laws 
--------------------------------------------- ---- 
 
¶4. (SBU) During their visit, USTR and LOC representatives also met 
with Jordan Customs Department (JCD) officials to discuss amendments 
to IPR provisions contained in Article 41 of the 1998 Customs Law 
No. 20, also a CP.  The USG has long urged JCD to revise its law in 
order to bring it into compliance with the FTA, which under Article 
4.26 requires that "each party shall provide, at least in cases of 
copyright piracy or trademark counterfeiting, that its authorities 
may initiate criminal actions and border measure actions ex officio, 
without the need for a formal complaint by a private party or right 
holder."  Although JCD officials can currently seize counterfeit 
goods, they cannot initiate criminal proceedings absent a formal 
complaint by the rights holder.  Often, because of the small size of 
Jordan's market and lengthy time and money prosecution can require, 
rights holders choose not pursue criminal action and the goods must 
be released back to the infringing importer under current law.  JCD 
 
Director General Miteb Al-Zaben confirmed that the department is 
seeking to amend the law due to its ineffectiveness and the need for 
a stronger IPR enforcement role for customs officials.  He further 
noted JCD is still looking at how best to accomplish that goal given 
certain capacity constraints, and welcomed the USG offer of 
technical assistance in drafting new amendments. 
 
¶5. (SBU) The USG was also provided a new draft law for the Jordan 
Institute for Standards and Metrology (JISM).  Submission of this 
law to parliament is another IPR-related conditions precedent.  JISM 
Director General Yassin Khayyat stressed to Econoffs the importance 
of the law because it specifically gives JISM the authority to seize 
and destroy counterfeit products, whereas the current law only 
grants that authority if the products fail to meet Jordanian 
standards.  Khayyat was hopeful that the law and an associated 
Accreditation Law, which aims to clarify standards and 
responsibilities for testing laboratories, would be submitted to 
Parliament in the fall session.  He said the JISM law had already 
been reviewed by the Legislation and Opinion Bureau and would next 
be further examined by a ministerial committee before its 
submission. 
 
Border Enforcement Training with an Interagency Focus 
--------------------------------------------- ------- 
 
¶6. (U) 47 Jordanian government participants, including 20 from 
Jordan Customs, seven from the National Library, eight from the 
Public Security Directorate (Jordan's police force), ten from JISM, 
and three from the Aqaba Special Economic Zone Authority (ASEZA) 
participated in a four-day workshop on border enforcement, funded by 
USPTO and USAID.  Taught by USPTO, Customs Border Protection, and 
Immigration and Customs Enforcement (ICE) experts, the class 
provided practical, hands-on training in distinguishing fake from 
real goods.  It also featured presentations from GOJ officials, 
including a judge, on the role of their respective agencies.  A 
private sector panel comprised of local representatives from 
Microsoft, Caterpillar, and Chrysler promoted private-public 
partnerships as a means for fighting IPR crimes.  The final day was 
conducted at the Amman Customs House and included searches of 
incoming container shipments.  Based on the success of the workshop, 
the Head of the IPR Unit at Jordan Customs requested follow-on 
training, especially focused on how to identify counterfeit goods. 
 
Enhancements to Trademark Software 
---------------------------------- 
 
¶7. (U) Ari Leifman of USPTO met August 14 with Ministry of Industry 
and Trade (MoIT) Secretary General Montaser Oklah and Mamduh 
Al-Ksaibeh, Assistant Director of Industrial Property (the MoIT 
office responsible for patent and trademark registration), to 
discuss a USPTO-USAID project to enhance the IT systems that MoIT 
uses to process and examine trademark applications.  The IT tools 
being developed in the current phase of the project are designed to 
assist MoIT in meeting the responsibilities it will assume once 
Jordan accedes to the Madrid Protocol.  Oklah expressed his strong 
and enthusiastic support for the project.  Oklah urged that staff be 
provided with guidance on the use of the IT tools to be developed 
via training and an Arabic-language manual. Additionally, Oklah 
stressed that the tools being developed through the project should 
be compatible with a much-delayed e-government initiative that MoIT 
has developed(ref C).  Ksaibeh said that a date for accession to the 
Madrid Protocol was still unknown and that work was still on-going 
on the related regulations. 
 
Enforcement Efforts On-Going 
---------------------------- 
 
¶8. (U) In the first six months of 2008, 179 violations of Jordan's 
current copyright law were referred to the judiciary.  This level of 
cases is comparable to 2007 when 357 cases were referred to the 
courts (ref B).  The majority of these cases were for the sale of 
technology, which allows the pirating of satellite television and 
 
for the sale of illegally copied CDs, DVDs, and computer software. 
National Library Director General Mamoun Talhouni recently told 
local press that the National Library has seen a significant drop in 
software piracy from 87 percent of software in 2002 to 60 percent in 
2007, citing a study by the Business Software Alliance.  Under 
current law, the judiciary has the authority to close stores and 
institutions violating copyright law after a final verdict.  During 
discussions with USTR and LOC, National Library officials and judges 
said that they prefer to focus efforts on suppliers and wholesalers 
rather than individual stores and businesses.  Individual private 
users cannot be charged with copyright violations in Jordan. 
 
¶9. (SBU) Jordan's Pharmaceutical Research and Manufacturers of 
American (PhRMA) representative Samir Mansour informed Econoffs and 
USTR that PhRMA is currently satisfied with the level of cooperation 
and enforcement of IPR in Jordan (ref A).  Mansour expressed some 
concerns regarding potential pricing changes in Saudi Arabia which 
could affect Jordan's pricing scheme for drugs, but said that 
communication with the Jordan Food and Drug Administration has been 
good.  Ad-Dustour newspaper reported on August 19 that JFDA had 
destroyed counterfeit drugs worth $425,000 in 2008.  Dr. Mohammed 
Al-Rhahleh, Regional Manager of Arab Federation for the Protection 
of Intellectual Property, separately told Econoffs that Jordan and 
the Arab world had a late start in IPR legislation and enforcement 
but that Jordan's government has made good progress.  He admitted 
that public awareness is still a challenge in Jordan and that 
infringers tend to argue that IPR only benefits western nations, but 
he said the government is solidly on the side of protecting IPR. 
 
Visit Amman's Classified Website at 
http://www.state.sgov.gov/p/nea/amman 
 
BEECROFT