VZCZCXRO8262
RR RUEHGR
DE RUEHBE #0083/01 0621748
ZNR UUUUU ZZH
R 031748Z MAR 09
FM AMEMBASSY BELMOPAN
TO RUEHC/SECSTATE WASHDC 1707
INFO RUEHZA/WHA CENTRAL AMERICA COLLECTIVE
RUCNCOM/EC CARICOM COLLECTIVE

UNCLAS SECTION 01 OF 02 BELMOPAN 000083 
 
SENSITIVE 
 
SIPDIS 
 
DEPT FOR WHA/CEN CHRISTOPHER ASHE, IPE TIM MCGOWAN AND ROBERT WATTS 
 
E.O. 12958: N/A 
TAGS: ECON EINV ETRD KIPR BH
SUBJECT: BELIZE: 2009 SPECIAL 301 REVIEW 
 
-------------------------------- 
2009 Special 301 Report - Belize 
-------------------------------- 
 
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Background 
---------- 
 
¶1. (SBU) Belize was removed from the Special 301 Watchlist in 2008, 
but concerns remain in enforcement of IPR laws and prosecution of 
offenders. 
 
¶2. (U) Belize and IPR Laws and Conventions: 
Belize has fulfilled its obligation under the World Trade 
Organization (WTO) to implement the Agreement on Trade-Related 
Aspects of Intellectual Property (the TRIPS Agreement). 
 
The Belize Intellectual Property Office (BELIPO) was subsequently 
established to administer these IPR laws, which include copyrights, 
industrial designs, patents, trademarks, protection of new plant 
varieties, and protection of layout - designs (topographies) of 
integrated circuits. 
 
Belize is a party to the Paris Convention for the Protection of 
Industrial Property and of Literary and Artistic Works and the 
Patent Copyright Treaty. 
 
Belize has ratified neither the WIPO Copyright Treaty (WCT) nor the 
WIPO Performances and Phonograms Treaty (WCCT).  However, under the 
recently signed Economic Partnership Agreement between the European 
Union and the CARICOM countries, Belize must adhere to and implement 
both treaties. 
 
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Embassy involvement on IPR issues in Belize 
------------------------------------------- 
 
¶3. (SBU) Post has been involved in one case in 2008 involving the 
infringement of U.S. trademarks in Belize. 
 
Phillip Morris: In September 2008, Belize Customs informed the 
Embassy that they had confiscated four forty-foot containers filled 
with counterfeit cigarettes.  Two containers had approximately 855 
boxes each of fake Marlboro cigarettes with a value of USD two 
million.  Customs officials were suspicious of the entry forms and 
upon further investigation, found that instead of slippers indicated 
by the import documentation, the containers held cases of cigarettes 
bearing the fraudulent Marlboro mark.  Phillip Morris contacted the 
Embassy for more information and a representative of Phillip Morris 
visited Belize and verified the cigarettes were counterfeit. 
 
Media reports indicate that the counterfeit Marlboro cigarettes have 
been destroyed. 
 
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U.S. Embassy's involvement in IPR training 
------------------------------------------ 
 
¶4. (U) In April 2007, three GOB officials participated in a 
three-day workshop on the drafting and enforcement of Cyber-Crime 
legislation in San Jose, Costa Rica.  The U.S. Department of Justice 
sponsored the workshop. 
 
In May 2007, two GOB officials participated in a three-day workshop 
on Intellectual Property Rights in San Salvador.  Funding was 
provided by the Department of Homeland Security Bureau of 
Immigration and Customs Enforcement. 
 
In March 2008, one GOB official (Director of BELIPO) participated in 
a four-day workshop on the USPTO Global Intellectual Property 
Academy Trademark Administration Program. 
 
In January 2009, two GOB officials participated in a four-day 
workshop in the Global Intellectual Property Academy regional 
training on Plant Variety Protection under the UPOV Convention. 
 
------------------------------- 
State of IP Protection in Belize 
-------------------------------- 
 
¶5. (SBU) The general availability of pirated CD's, DVD's, and videos 
continues unabated. These are produced for sale and rental.  Local 
television stations and cable companies continue to pirate American 
television network and cable channel programming.  There are reports 
that some importers, mainly those operating in the Corozal 
Commercial Free Zone, continue to import and sell counterfeit 
merchandise such as clothing.  There is still some concern of weak 
prosecution of Intellectual Property infringement cases and 
 
BELMOPAN 00000083  002 OF 002 
 
 
enforcement against piracy and counterfeiting. 
 
However, during 2008 BELIPO (Belize's regulatory agency) undertook 
the following initiatives: 
 
 a) BELIPO conducted a session at the Embassy's 'Made in the USA 
Exhibition' on the topic, "Overview of Belize's Trademarks Act". 
 
 b) The agency is assisting a local government agency (NICH -- 
National Institute for Culture and Heritage) in organizing local 
music artists to collectively enforce their intellectual property 
rights.  BELIPO expects this to help create public awareness on the 
importance of protecting all intellectual and property rights 
holders. 
 
 c) In March 2009, the agency will assist the government of Belize 
in hosting a regional enforcement seminar organized by the British 
Commonwealth Association on 'Cooperation on Enforcement of 
Intellectual Property Rights'.  BELIPO plans to write a training 
paper on enforcement of property rights. 
 
 d) The agency staff attended several international training 
seminars. 
 
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IP Prosecutions 
--------------- 
 
¶6. (SBU) BELIPO informed the Embassy that in 2008 two 
cases/complaints of counterfeit goods were heard and were 
successfully challenged by foreign owners. 
 
 a) Phillip Morris: In September 2008, suspicious customs entry 
forms alerted officials to four containers.  The containers were 
found to contain counterfeit Marlboro cigarettes.  A representative 
of Phillip Morris visited Belize and verified that the cigarettes 
were fake.  Media reports indicate that the cigarettes were 
destroyed.  Customs officials noted that the case is still pending. 
 
 b) Chanel: In April 2008, upon investigating four containers bound 
for the Corozal Free Zone, Customs officials found an assortment of 
counterfeit Chanel products.  The assortment of merchandise included 
handbags, watches, shoes, and clothing, and was valued at USD 30 
million.  The company retained a Belize lawyer and filed charges 
against the importer.  Customs officials note that the case is still 
pending. 
 
BELIPO officials reiterated that Belize's IP laws have been 
successfully tested, and that under Belize's Copyright and Trademark 
Laws, the onus to institute legal action against violators of 
intellectual property rights in Belize lies with the holder of those 
rights and not with local law enforcement officials.  Additionally, 
many intellectual property rights-holders have chosen not to pursue 
infringement cases here because violations in a market as small as 
Belize's are relatively insignificant.  BELIPO officials also asked 
for continued USG support of training, not only for BELIPO employees 
but also for Customs officials, to enhance that agency's ability to 
identify counterfeit goods. 
 
-------------- 
Recommendation 
-------------- 
 
¶7. (SBU) Post continues to recommend that Belize be placed on the 
Watch List in the 2009 Section 301 Report.  Belize has made good 
progress in developing relations with rights holders, but 
improvements must be made in investigations and prosecutions of IP 
infringement cases.  Weak enforcement with respect to the Corozal 
Commercial Free Zone remains a concern as infringing products are 
shipped from Mexico to the United States and elsewhere.  However, 
Post is of the opinion that if the rights-holders do not file 
complaints or pursue cases, the Government of Belize should not be 
penalized. 
 
DIFFILY