VZCZCXYZ0000
PP RUEHWEB

DE RUEHKG #0949 3121340
ZNR UUUUU ZZH
P 071340Z NOV 08
FM AMEMBASSY KINGSTON
TO SECSTATE WASHDC PRIORITY 6927

UNCLAS KINGSTON 000949 
 
DEPT OF COMMERCE WASHDC 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA/CAR (ACADIEUX) (VDEPIRRO) 
STATE FOR EEB/TPP/IPE (JURBAN) (JHALLOCK) 
DEPARTMENT PLEASE PASS TO USPTO AND USTR 
DEPT OF JUSTICE FOR OPDAT ROBERT LIPMAN 
 
SANTO DOMINGO FOR FCS 
 
E.O. 12958:  N/A 
TAGS: ECON ETRD KIPR SOCI PGOV SCUL USTR KCRM JM XL
SUBJECT: JAMAICA: IPR WORKSHOP BRINGS OLYMPIC GOLD 
 
REF: KINGSTON 490 
KINGSTON 147 
 
¶1. (U) Three-time gold medal winner Usain Bolt emphasized the 
importance of protecting intellectual property rights at a three-day 
workshop on Combating Piracy of Intellectual Property Rights (IPR) 
held at the U.S. Mission in Kingston.  The workshop held November 
4-6 was organized by the Political/Economic section in partnership 
with the U.S. Department of Justice's Office of Overseas 
Prosecutorial Development Assistance and Training (OPDAT). 
Participants included representatives from the Office of the 
Director of Public Prosecutions (DPP) and the Jamaica Intellectual 
Property Office as well as judges, police, customs officials, and 
members of the private sector. The workshop was designed to foster 
interagency collaboration to develop protocols for detecting, 
investigating and prosecuting offenders for intellectual property 
right infringements. 
 
¶2. (SBU) Officials from the Government of Jamaica (GOJ) worked with 
facilitators from OPDAT, Royal Bahamas Police Force, a retired 
Detective Chief Superintendent from Northern Ireland, and the 
Director of Public Prosecutions from Trinidad and Tobago to develop 
the protocols.  Participants also discussed the most prevalent forms 
of piracy including counterfeit CDs/DVDs, pirated software, 
counterfeit designer clothing, and counterfeit pharmaceuticals.  The 
Commissioner of Customs Danville Walker described the two-prong 
problem of imports being both counterfeit as well as under invoiced. 
 He cited examples of interdicting counterfeit brand name shoes 
listed on invoices as generic shoes at USD 1 per pair and 
counterfeit designer jeans priced at just below USD 2 each. 
 
¶3. (SBU) The workshop included speakers from Jamaica's diverse range 
of talented artists, athletes, and musicians.  Bolt and his attorney 
Rudolph Muir described the spike in counterfeit products and IPR 
infringement issues that emerged after the world record holder won 
three gold metals in the Beijing Olympics.  Musicians included 
famous reggae singer Tarrus Riley, legendary saxophonist Dean Fraser 
and rising star singers Duane Stephenson, Chuck Fenda, and Alaine 
Laughton.  The musicians discussed the proliferation of counterfeit 
music CDs, saying at times they are even asked to autograph 
counterfeit versions of their work. Participants praised the 
inclusion of performers as a better way to understand the harm 
caused by those trafficking in counterfeits as well as putting a 
face on the victims. 
 
¶4. (SBU) Although the GOJ has stepped up arrests of those selling 
counterfeit DVDs in the past year (reftels), penalties are often 
minimal and do not discourage the practice.  Participants cited the 
challenge of mobility on the part of sellers who can move locations 
quickly to avoid detection and arrest.  Judges also tend to be 
sympathetic to offenders.  Jamaica suffers from one of the highest 
murder rates per capita, which means IPR interdiction has to compete 
with investigations of violent crimes and drug trafficking for 
limited law enforcement resources, despite indications from 
participants that proceeds from counterfeiting are used finance 
other criminal activity.  Participants also voiced concerns that 
legislative reform and greater political will are needed to 
effectively stem the flow of counterfeit goods. 
HEG