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UNCLAS SECTION 01 OF 02 MONROVIA 001005 
 
SIPDIS 
 
COMMERCE FOR CLDP STEVE GARDNER AND SALIHA LOUCIF 
 
E.O. 12598: N/A 
TAGS: KIPR ETRD EAID ECON LI
SUBJECT: LIBERIA: SOLID IPR FRAMEWORK; NO ENFORCEMENT (YET) 
 
¶1. Summary:  The Liberia Copyright Office (LCO)plans to launch a 
national anti-piracy program and is requesting USG support.  Liberia 
has a robust legal framework to support intellectual property 
protection but requires an effective law enforcement and judicial 
capacity to enforce it and broader public education on IPR.  While 
Liberians will have to work out issues of jurisdiction, funding and 
policy, the USG could assist by gearing our support for the judicial 
sector towards commercial courts that understand IPR; by providing 
training as the IPR protection entities find their footing; and by 
encouraging awareness of IPR in training of law enforcement 
officers.  Liberia is not yet on the USG IPR protection radar 
screen, but piracy is rampant and the GOL would like our assistance 
in fighting it. 
 
A good foundation but... 
----------------------- 
 
¶2.  Liberia has a solid copyright law but counterfeit goods are 
rampant.  Schools, including the University of Liberia, routinely 
copy books.  Radio and television stations do not pay royalties. 
The manager of DSTV told the Embassy that only one of Liberia's six 
TV stations pay for the right to rebroadcast their programs (REAL 
TV), but all stations are rebroadcasting and there is little they 
can do about it. Counterfeit drugs are prevalent.  DVDs and 
cassettes are peddled on the streets for $5 each.  Some illegal 
copying of music and movies is done domestically, but most pirated 
DVDs and other media are imported from neighboring countries and 
China. 
 
¶3.  Liberia is a member of the World Intellectual Property 
Organization (WIPO) and a contracting party to international 
conventions and treaties on the protection of intellectual and 
industrial property rights, including the Berne, Paris, Lisbon, 
Vienna and Washington conventions and the Madrid Agreement. 
However, there is little awareness among the public, law enforcement 
officers or even writers and artists of the provisions of the law, 
and no capability for the judicial system to enforce infringements. 
There is no funding budgeted for dues to WIPO or other 
organizations. 
 
Copyright:  Struggling along 
---------------------------- 
 
¶4.  The Liberia Copyright Office plans to launch a national 
anti-piracy program in February 2009, but is having trouble securing 
funding and support.  Its 2008-09 budget of $70,000 is almost double 
that of previous years but is only a fraction of the requested 
$300,000.  The $39,000 received in previous years covered 
maintenance and salaries, but not operations.  The LCO purchased its 
first computer in 2007, and uses it to record registrations. 
Copyright registrations are filed in a slim binder and kept in a 
locked closet.  The Copyright Law was passed in 1997. 
 
Industrial Property: Part of the Archives 
----------------------------------------- 
 
¶5.  The Industrial Property Office, responsible for registering 
patents and trademarks, names, and industrial designs, is housed in 
the Ministry of Foreign Affairs under the jurisdiction of the Legal 
Department.  It shares space with the remnants of the land archives 
and the corporate registry.  The office is authorized 23 full time 
positions but was given a budget of $11,900 for salaries.  Its total 
2008-09 budget of $29,373 is lower than the previous year, and the 
IPO's objective, as stated in the budget description, is registering 
15 new companies and corporations.  The Industrial Property Law, 
covering patents and trademarks, was passed in 2003 but is in 
legislative limbo until the GOL figures out how to counter the fact 
that the 1972 law it supersedes was never officially repealed. 
 
Progress so far 
--------------- 
 
¶6.  Despite the lack of funding for and awareness of IPR issues, 
there has been progress.  The new Minister of Commerce told the 
Ambassador in a December 4 meeting that the GOL plans to consolidate 
IPR policy, and has received some assistance from WIPO.  The GOL 
decreed that as of January 10, 2008, all imports of intellectual 
property must be so identified on the import permit (rather than 
being identified as "general merchandise").  All businesses dealing 
in intellectual property must reflect that on their business 
registration form.  LCO officials told us they have been requesting 
GOL permission to approach the U.S., Ghanaian, and Nigerian 
embassies for anti-piracy assistance, as they believe those 
countries are the source of many of the goods being pirated. 
 
¶7.  The Musicians Union held an IPR awareness seminar October 29-30 
that attracted 200 people and gained some press coverage, and 
articles supporting IPR protection occasionally appear in the press. 
 Liberia's movie industry reportedly brought in $200 million a year, 
before the war, and is enjoying a modest resurgence, with prize 
 
MONROVIA 00001005  002 OF 002 
 
 
winners such as "Iron Ladies of Liberia" and "Pray the Devil Back to 
Hell" gaining international recognition. 
 
¶8.  Following the October seminar, LCO has stepped-up efforts to 
protect the rights of artists and has announced launch of a national 
anti-piracy campaign starting February 15, 2009.  The LCO has 
notified the Embassy that, despite the lack of requested GOL 
funding, they are proceeding with purchase of 500,000 hologram 
stamps to begin labeling legitimate media, primarily music and 
movies.  They have requested USAID support for unfunded goals such 
as training of monitors, customs and enforcement officers; purchase 
of vehicles and sub-offices; and travel funds.  They anticipate the 
direct and indirect revenue would more than cover the cost of 
starting the campaign. 
 
The problems 
------------ 
¶9.  There are schisms among IPR advocates.  The elements of IPR 
protection remain physically scattered, with offices in the Ministry 
of Commerce, the Ministry of Finance (copyright) and the Ministry of 
Foreign Affairs (industrial property).  Within the IPR community, 
there are differences in approach between lawyers and creators. 
Even within the creative community, there are some, including 
leaders, who are considered to have "sold out" to pirates and have a 
hidden agenda that hampers progress.  The overarching obstacle, 
however, is the lack of law enforcement or judicial capacity to 
enforce IPR laws, the lack of public awareness of the importance of 
IPR protection, and the lack of funding to address those problems. 
 
How we can help 
---------------- 
 
¶10.  Liberia has a solid IPR foundation but enforcement is 
non-existent.  While there are vested interests who will oppose a 
crackdown on piracy, there is support in the government and media 
for better protection.  We should not fund vehicles or offices, but 
the USG could be helpful in helping the LCO design and implement a 
sustainable (and fair) enforcement regime that protects indigenous 
and imported works while increasing revenue.  We can also encourage 
incorporating awareness of IPR issues into training for legal and 
law enforcement officials, and encouraging media organizations to 
budget for royalties as appropriate. 
 
THOMAS-GREENFIELD