VZCZCXRO9128
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSA #2573/01 3301319
ZNR UUUUU ZZH
R 251319Z NOV 08
FM AMEMBASSY PRETORIA
TO RUEHC/SECSTATE WASHDC 6525
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUCPDC/DEPT OF COMMERCE WASHDC
RUEATRS/DEPT OF TREASURY WASHINGTON DC

UNCLAS SECTION 01 OF 02 PRETORIA 002573 
 
SIPDIS 
 
PLEASE PASS TO US DOJ FOR M-F. KOUAME 
 
E.O. 12958: N/A 
TAGS: ECON KIPR SF
SUBJECT: JUDICIAL WORKSHOP ON INTELLECTUAL PROPERTY CASE 
ADJUDICATION 
 
¶1.  (U) Summary:  More than 200 South African regional 
magistrates attended a USG-funded IPR workshop near 
Johannesburg on November 13-15.  The workshop follows earlier 
USG-funded programs on the investigation and prosecution of 
IPR offenses.  These programs have enhanced the capacity of 
South Africa's legal system to enforce IPR laws, and post 
will explore the possibility of future IPR programs in South 
Africa.  Post thanks Judge Donald of the Western District of 
Tennessee and Chief Judge Damich of the U.S. Court of Federal 
Claims for making vital contributions to the success of the 
workshop.  End Summary. 
 
------------------------- 
IPR Adjudication Workshop 
------------------------- 
 
¶2.  (U) More than 200 South African regional magistrates 
attended a workshop on the adjudication of intellectual 
property rights (IPR) cases on November 13-15 in the 
Johannesburg suburb of Vanderbiljpark.  The workshop was 
INL-funded and organized jointly by the U.S. Department of 
Justice (DOJ), the Association of Regional Magistrates of 
Southern Africa (ARMSA), the South Africa Department of Trade 
and Industry (DTI), and post. 
 
¶3.  (U) The objective of the workshop was to increase the 
judiciary's level of expertise in IPR cases.  The course 
material focused on trial procedures, remedies, and 
sentencing in complex copyright, trademark and trade secret 
cases.  The seminar encouraged cooperation and 
information-sharing between the regional magistrates, and 
featured lively exchanges between the U.S. officials and the 
regional magistrates. 
 
----------------------- 
Prominent Participants 
----------------------- 
 
¶4.  (U) Ambassador Eric Bost and DTI Deputy Trade Minister 
Dr. Rob Davies provided opening remarks. Both emphasized the 
importance of IPR protection to foreign direct investment and 
consumer health and safety.  DOJ prosecutor Marie-Flore 
Kouame led the workshop, and officials from DOJ, USDOC and 
ARMSA moderated panel sessions.  U.S. District Judge Donald 
of the Western District of Tennessee and Chief Judge Edward 
Damich of the U.S. Court of Federal Claims made several 
presentations on topics ranging from determining whether a 
copyright is valid to how to sentence a criminal defendant. 
The U.S. judges also gamely participated in role plays that 
were tailored to South Africa to highlight how to deal with 
specific IPR adjudication issues. South African Supreme Court 
of Appeals Justice Louis Harms, the preeminent expert on IPR 
matters in South Africa, explained the statutory framework 
for IP in South Africa and gave practical pointers on 
copyright, trademark and civil remedies.  All of the 
sessions, and, in particular, the role plays, were 
high-spirited.  One of the regional magistrates was so 
enthused by the workshop that prior to a session, she led all 
of the attendees in singing a South African song.  A 
comprehensive exchange of questions and ideas between the 
presenters and the magistrates followed each session. 
 
¶5.  (U) Post received full support from ARMSA President 
Adriaan Bekker and DTI Chief Director for IPR Enforcement 
Mandla Mynatheli, who noted, respectively, that the workshop 
was "considered very productive" by the magistrates and "a 
great success."  An Assistant U.S. Attorney on a long-term 
TDY in South Africa also attended the workshop, and 
afterwards raved about how well-presented and useful the 
presentations were.  Many participants commented that the 
success of the workshop stemmed from its practicality, 
Qsuccess of the workshop stemmed from its practicality, 
interactive nature, and cultural sensitivity.  Many workshop 
attendees expressed pleasure that the workshop's agenda, 
faculty, and chairpersons reflected the diversity of South 
Africa. 
 
------------------------------------------- 
Comment:  Much Accomplished, Much Yet To Do 
------------------------------------------- 
 
¶6.  (U) The judicial workshop follows on the success of 
earlier USG programs on the investigation and prosecution of 
IPR crimes in South Africa.  While South Africa has 
specialized commercial crime courts, sitting magistrates are 
frequently overwhelmed or unfamiliar with the technicalities 
of IPR.  According to SAG officials and the private bar, the 
lack of technical training on IPR cases leads to enforcement 
problems and a lack of adequate sentencing in IPR cases. 
 
PRETORIA 00002573  002 OF 002 
 
 
DOJ, ARMSA, DTI, and post developed this interactive workshop 
to address these issues, encourage an exchange between U.S. 
and South African experts, and enhance law enforcement 
cooperation.  DOJ plans to assess the impact of the workshop 
on the regional magistrates' case work in approximately six 
months. 
 
¶7.  (U)  The success of this IP case adjudication workshop 
indicates that the SAG is paying attention to IPR issues and 
is willing to seek assistance to improve its enforcement 
efforts.  The DTI has expressed interest in future 
cooperation on law enforcement practical training programs. 
For South African officials to implement best practices on 
IPR matters, the USG must continue our joint training and 
education efforts.  Post hopes to explore the possibility of 
further IPR programs in South Africa and the region and 
recommends holding a similar workshop for judges from all of 
the South African Customs Union (SACU) member countries. 
Post also supports USG plans to hold an intellectual property 
awareness campaign targeted at small and medium size 
entrepreneurs and training workshops for customs officials 
from Southern Africa Development Community (SADC) countries. 
 
¶8.  (U) This cable has been cleared with USDOJ Marie-Flore 
Kouame. 
BOST