VZCZCXRO3513
PP RUEHGR
DE RUEHSP #0523/01 3230942
ZNR UUUUU ZZH
P 180942Z NOV 08
FM AMEMBASSY PORT OF SPAIN
TO RUEHC/SECSTATE WASHDC PRIORITY 9512
INFO RUCNCOM/EC CARICOM COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS SECTION 01 OF 02 PORT OF SPAIN 000523 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EB/TPP/IPE, INL, WHA/CAR 
JUSTICE FOR OPDAT R LIPMAN 
 
E.O. 12958: N/A 
TAGS: ETRD KIPR KCRM TD
SUBJECT: STRENGTHENING INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT 
CAPABILITIES IN TRINIDAD AND TOBAGO 
 
SENSITIVE BUT UNCLASSIFIED; PLEASE PROTECT ACCORDINGLY 
 
REF: (A) 07 Port of Spain 320 (B) 08 Port of Spain 060 
      (C) 08 Port of Spain 116 (D) 08 Port of Spain 147 
      (E) 08 Port of Spain 262 
 
¶1. (SBU) SUMMARY: Embassy Port of Spain collaborated with the U.S. 
Department of Justice to provide T&T law enforcement personnel with 
hands-on IPR crime scene training.  During a two-day INL-funded 
workshop, participants practiced search and seizure techniques and 
discussed local IPR enforcement activities as well as the 
implementation of enforcement protocols developed at the previous 
workshop.  The practical exercises were well received, but 
discussions revealed a decided lack of enforcement activity. 
Impediments to interagency collaboration and police inertia remain 
unresolved and make enforcement problematic.  However, the avowed 
keen interest of the new Acting Commissioner of Police James 
Philbert, and the formation of a Cabinet appointed interagency 
committee to reduce piracy in the home video club industry, may 
result in changes going forward.  END SUMMARY. 
 
¶2. (U) Following up on the March 2008 Intellectual Property Rights 
Enforcement Workshop (ref D), the U.S. Department of Justice Office 
of Overseas Prosecutorial Development, Assistance and Training 
(DOJ/OPDAT) and Embassy Port of Spain jointly hosted a September 
16-17 INL-funded crime scene investigation training workshop.  While 
the majority of attendees were members of the Police Service, 
representatives from the Office of the Director of Public 
Prosecution (DPP), Office of the Solicitor General, Office of the 
Chief Parliamentary Counsel, Bureau of Inland Revenue (BIR), Customs 
and Excise Division, and several private corporations also attended. 
 
 
Little Progress, but Cause for Hope? 
------------------------------------ 
¶3. (SBU) DOJ/OPDAT facilitator Robert Lipman opened the event by 
asking participants to chronicle local changes in the IPR landscape 
since the first workshop.  The passage of the Copyright Amendment 
Act (ref E) in April, which strengthened enforcement capabilities, 
was cited as the most important change.  However, in terms of actual 
law enforcement action, only a few raids on DVD vendors had been 
conducted.  Further, the IPR Enforcement Handbook developed in the 
first workshop to support enforcement action had yet to be 
integrated into police or customs procedures. 
 
¶4. (SBU) Participants noted several barriers to progress.  First, no 
directive for action had yet been received from superiors, either 
with respect to the implementation of the handbook or on general 
enforcement.  The senior law enforcement participants said approval 
of their supervisors was necessary for action.  Those newer to the 
force, however, were eager to conduct raids on DVD vendors and felt 
less constrained by the Police Service hierarchy.  Second, despite 
attempts at the first workshop to facilitate information sharing and 
interagency collaboration, the Customs & Excise Division and the 
Police Service are still not working together to deter pirates. 
Third, participants blamed T&T's "culture" for the lack of progress 
and seemed resigned to the fact that many laws are not enforced. 
 
¶5. (SBU) On a positive note, law enforcement officials stated that 
Acting Commissioner of Police Philbert has a strong interest in IPR 
enforcement.  Not only has he assigned several of his own officers 
to this issue, but Philbert also secured the assistance of the 
Special Anti-Crime Unit of Trinidad and Tobago.  In fact, following 
a conversation with Lipman about the lack of enforcement activity, 
Philbert ordered a raid that resulted in six arrests and the seizure 
of 2000 counterfeit DVDs.  In addition, under the Minister of Legal 
Affairs, a Cabinet appointed committee was established to identify 
means to reduce piracy within the home video club industry through 
regulation.  Headed by attorney and former Member of Parliament 
Gillian Lucky, this committee has representatives from the 
Intellectual Property Office, Customs, and the public prosecutors' 
(DPP) office.  Its clear mandate and strong leadership suggest it 
will likely make constructive recommendations. 
 
CSI Port of Spain 
----------------- 
¶6. (U) The crime scene training began with a review of search 
procedures and interview techniques.  Participants then practiced 
analyzing evidence and interviewing suspects.  On the second day, 
crime scenes were set up in four hotel rooms.  Teams were given 
several hours to investigate, photograph, and catalogue evidence. 
While many of the techniques were familiar to the participants, 
these exercises helped reinforce best practices.  Further, the 
exercises started a useful dialogue between the police and the 
prosecutors about the type of evidence needed for convictions and 
 
PORT OF SP 00000523  002 OF 002 
 
 
the necessity of comprehensive documentation. 
 
¶7. (SBU) COMMENT: The workshop's practical exercises generated 
significant enthusiasm for ongoing action.  However, enforcement 
activity since mid-September has been limited to the raid 
specifically ordered by the Acting Commissioner of Police.  For 
sustained progress, officers need to be empowered to act and their 
efforts need to be supported by superiors. 
 
AUSTIN