VZCZCXRO0382
RR RUEHAG RUEHBZ RUEHGI RUEHMR RUEHPA RUEHPB RUEHPOD
DE RUEHAD #0220/01 0640954
ZNR UUUUU ZZH
R 050954Z MAR 09
FM AMEMBASSY ABU DHABI
TO RUEHC/SECSTATE WASHDC 2211
INFO RUEHDE/AMCONSUL DUBAI 8187
RUCNWTO/WORLD TRADE ORGANIZATION COLLECTIVE
RUCPDOC/USDOC WASHDC

UNCLAS SECTION 01 OF 02 ABU DHABI 000220 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EEB/TPP/IPE FOR TMCGOWAN 
DEPT PASS TO USTR JCHOE-GROVES, JBUNTIN, MMOWREY 
 
E.O. 12958: N/A 
TAGS: ECON KIPR PREL ETRD AE
SUBJECT: MISSION UAE COMMENTS ON SPECIAL 301 REVIEWS 
 
REF:  SECSTATE 8410 
 
ABU DHABI 00000220  001.2 OF 002 
 
 
¶1. (U) Summary:  In 2008, the UAE Government (UAEG) continued its 
strong efforts to protect Intellectual Property Rights (IPR).  The 
UAEG continues to enforce copyright, trademark, and patent laws 
passed in 2002 to protect U.S. intellectual property, and remains 
committed to the 2002 Agreement providing TRIPS-Plus levels of 
protection to U.S. pharmaceuticals.  In 2008, the UAEG continued 
conducting high-profile raids and arrested merchants involved in all 
forms of piracy.  It also organized workshops and training programs 
to boost anti-piracy awareness and announced the creation of two 
entities to control piracy.  The Ministry of Economy (MoE) considers 
the establishment of a collecting society to collect royalties from 
broadcasting and commercial establishments that use recorded music a 
priority.  Post recommends that the UAE not be included in the 
Special 301 Watch List this year. End summary. 
 
TRIPS and Other Agreement Compliance 
------------------------------------ 
 
¶2. (U) In 2008, the UAEG remained committed to its TRIPS 
obligations. In 2006, the UAEG expanded the scope of the copyright, 
trademark, and patent laws issued in 2002 (which exceeded the UAE'S 
TRIPS obligations) by issuing two new regulations: The E-Commerce 
Law and the Anti-Information Technology Crimes Law to combat 
counterfeiting of websites used in phishing schemes.  In January 
2009, Director of the Consumer Protection Department at the UAE 
Ministry of Economy, Dr. Hashim Al Nuami announced that the Ministry 
of Economy was looking into the possibility of a new federal law to 
combat trade in fake products and other fraudulent activities.  The 
UAE is a member of the 1996 WIPO Copyright Treaty (WCT) and WIPO 
Performance and Phonograms Treaty (WPPT). 
 
¶3. (U) In June 2007, the UAE Ministry of Economy signed an MoU with 
the Business Software Alliance (BSA) for combating software piracy. 
In September 2008, the UAE Ministry of Economy (MoE) and the Brand 
Owners Protection Group for the GCC and Yemen (BPG)  signed a 
Memorandum of Understanding (MoU) outlining their cooperation in the 
protection of intellectual property rights and initiatives against 
commercial fraud and counterfeiting in the UAE.  The Emirate of 
Sharjah's Customs Authority signed a similar MOU with the BPG.  In 
November 2008, the UAE Federal Customs Authority (FCA) announced 
that the FCA, in cooperation with the UAE Federation of Chambers of 
Commerce and Abu Dhabi Chamber of Commerce, would constitute a 
commission to combat counterfeiting and pirated products. 
 
Enforcement 
----------- 
 
¶4. (U) UAE IPR enforcement is implemented through cooperation 
between federal and local customs authorities, the Ministry of 
Economy, police, municipalities, local economic departments in each 
emirate, chambers of commerce, and Gulf Microsoft and Business 
Software Alliance (BSA).  The Ministry of Economy's Supervision 
Department Director Abdullah Hussain told EconFSN that the 
Department has enhanced its IPR enforcement role since 2006, and now 
employs 20 supervisors (trained by BSA) to conduct inspections in 
coordination with other concerned entities.  The UAE conducted 
numerous raids in 2008 to uncover pirated goods, including 
medicines, compact discs, business software, auto spare parts, 
electrical devices, sports equipments and cigarettes.  The Arabia 
Anti-Piracy Alliance (AAA) notes that police systematically raid 
sources of pirated goods and cases routinely result in imprisonment. 
 Periodic articles in local newspapers highlighting raids and 
arrests of counterfeiters also indicate government seriousness about 
enforcement and the deterrent value of media publicity. Some 
highlights in 2008 include: 
-- Coordinated raids between Microsoft and the UAE Ministry of 
Economy (MoE) in late 2008 resulted in the confiscation of 70 
counterfeit CDs and two desktop computers loaded with unlicensed 
versions of Microsoft Windows XP and Microsoft Office 2007 software. 
Following the raids, the accused have been charged with violation of 
the copyright law. 
 
-- From October 2007 to June 2008, the Commercial Protection Unit 
(CPU) of Abu Dhabi's Department of Planning and Economy (DPE) seized 
more than 4,000 counterfeit goods. 
-- In February 2008, Abu Dhabi authorities, in collaboration with 
Gulf Microsoft and Business Software Alliance (BSA), seized 131 
pirated compact discs, 3 computers and arrested 4 venders. 
-- In March and April 2008, Dubai Municipality destroyed 90,000 
pirated DVDs, arrested 329 street vendors, and seized 2,834 
counterfeit products including ready-made garments, films, perfumes, 
cameras, and watches. 
-- In May 2008, Microsoft Gulf in collaboration with Ajman 
authorities conducted two raids against IT resellers who were 
selling products with unlicensed Microsoft software in the emirate 
 
ABU DHABI 00000220  002.2 OF 002 
 
 
of Ajman. 
-- The UAE Ministry of Economy, in collaboration with the BSA, 
launched a public awareness campaign from May 4- June 10, 2008 
against piracy in software with the slogan "Using unlicensed 
programs may close down your firm.". 
-- On June 11, 2008, Dubai Municipality seized 5,641 items of 
pirated goods including readymade garments, perfumes, cameras, 
watches, gifts and CDs. 
-- In 2008, the MoE expanding its campaign with the AAA against pay 
TV piracy by authorizing the blocking of internet websites which 
allowed users to illegally view satellite TV channels without 
subscription. 
Workshops and Training Programs 
------------------------------- 
 
¶5. (U) UAE authorities conduct regular training programs, workshops 
and conferences to boost IPR awareness, including: 
-- In January 2009, the Abu Dhabi Department of Planning and Economy 
organized an exhibition to combat commercial fraud, specifically 
trademark violations, at the Abu Dhabi Mall. IPR legislation and 
other information was distributed to several thousand visitors. 
-- In 2008, Dubai Customs hosted the Fourth Global Congress on 
Combating Counterfeiting and Piracy, which attracted 1200 
participants from 90 countries. 
-- In April 2008, the UAE Ministry of Economy, the Judicial Training 
and Studies Institute and the World Intellectual Property 
Organization (WIPO) organized a seminar in Al Ain on intellectual 
property for judicial authority members in the UAE. 
-- In January 2008, Abu Dhabi hosted the first Arab Intellectual 
Property Forum (AIPF) to discuss patent rights, trademarks, relevant 
legislation, and how economy, education, health and science can be 
benefited from patent on an invention and intellectual property. 
Collecting Societies 
-------------------- 
 
¶6. (SBU) Since 2003, the Recording Industry Association of America 
(RIAA) and the USG have undertaken several efforts to establish a 
collecting society in the UAE to collect royalties from broadcasting 
and commercial establishments that use recorded music.  In February 
2009, Ministry of Economy (MoE) officials told EmbOffs that the 
proposal for establishing a collecting society in UAE remains a 
priority.  However, officials noted that the lack of relevant 
experience in the UAE and GCC countries had delayed its 
implementation.  Post continues to work with RIAA and the UAEG to 
encourage the finalization of necessary implementing regulations. 
 
Recommendation : No Watch List 
----------------------------- 
 
¶7. (SBU) Mission officials recommend that the UAE remain off the 
Special 301 Watch List. The UAE has made considerable strides in 
enforcing IPR regulations, prosecuting violators, and publicizing 
law enforcement actions.  Although there is always room for 
improvement, the UAE is a solid partner in IPR enforcement. 
OLSON