VZCZCXRO6326
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHGP #0186/01 0610825
ZNR UUUUU ZZH
R 020825Z MAR 09
FM AMEMBASSY SINGAPORE
TO RUEHC/SECSTATE WASHDC 6439
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHGV/USMISSION GENEVA 0905
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEATRS/DEPT OF TREASURY WASHINGTON DC

UNCLAS SECTION 01 OF 02 SINGAPORE 000186 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EEB/TPP/IPE TMCGOWAN 
STATE PASS TO USTR FOR AUSTR WEISEL, DAUSTR BELL, AND JGROVES 
COPYRIGHT OFFICE FOR MPOOR 
 
E.O. 12958: N/A 
TAGS: KIPR ECON ETRD EINV USTR WTRO SN
 
SUBJECT:  SINGAPORE 2009 SPECIAL 301 REVIEW - RECOMMEND NO 
CHANGE IN STATUS 
 
REF: A. STATE 8410 
¶B. 08 SINGAPORE 1329 
¶C. 08 SINGAPORE 198 
¶D. 08 SINGAPORE 1168 
 
¶1.  (SBU) Summary:  In response to Ref A request, Post recommends 
maintaining Singapore's current Special 301 status in 2009, i.e., 
not on the Watch List.  Singapore is committed to enhancing what is 
already one of Asia's strongest intellectual property regimes.  The 
government continues to implement its IPR-related commitments under 
the U.S.-Singapore Free Trade Agreement (FTA), most recently 
amending its Copyright Law to address long-standing industry 
concerns regarding Internet "simulcasting" (ref B).  The 
International Intellectual Property Alliance (IIPA) did not include 
a submission for Singapore in its 2009 filing, though it had 
included Singapore among its "special mention" filings in years 
past.  We recommend continued use of the annual FTA review mechanism 
rather than the Special 301 process to address other IPR concerns 
that industry has raised.  End Summary. 
 
¶2.  (U) IIPA did not create a submission on Singapore for inclusion 
in the 2009 Special 301 review process, though in previous years it 
urged the USG to monitor developments in Singapore with regard to 
issues identified in IIPA's "special mention" filing.  In 2008 IIPA 
identified three weaknesses in the laws covering IPR protections: 
Protection for non-interactive transmissions ("simulcasting"); 
parallel imports; and deterrent penalties for business end-user 
piracy. 
 
Singapore Amends Copyright Law to Address "Simulcasting" 
--------------------------------------------- ---------- 
 
¶3.  (SBU) Following the fourth annual review of the FTA in October 
2008, Singapore amended its Copyright Law to address industry 
concerns regarding protections for certain non-interactive 
transmissions of broadcast signals, also known as "simulcasts" or 
"simulcasting" (ref B).  Industry feedback to date suggests that 
Singapore broadcasters have taken the changes on board and are 
considering fee structures and other implementation issues.  Post 
will continue to monitor developments and report comments from 
industry contacts as the change to the law is put into practice. 
 
Parallel Imports 
---------------- 
 
¶4.  (SBU) IIPA chose not to file a submission in 2009 mentioning 
parallel imports, though it did so in 2008.  At that time Post noted 
that parallel imports do not contravene Singapore's FTA commitments 
(ref C).  Singapore amended its Patents Act to conform to the FTA, 
and imposes no other restrictions on parallel imports except for 
certain controlled substances. 
 
Deterrent Penalties for Business End-User Piracy 
--------------------------------------------- --- 
 
¶5.  (SBU) In 2008 IIPA voiced concerns that the penalties for 
willful infringement of copyrights were not sufficient to deter such 
violations and are not at the level required by the FTA.  Post and 
USTR, during the most recent FTA review (ref D) and in other forums, 
have continued to encourage Singapore to apply penalties that will 
deter IPR violations.  Industry contacts have not informed Post of 
any new cases in which a penalty was deemed too low to be a 
deterrent to infringement.   Singapore continues to take steps to 
improve IPR protections and enforcement, and we will continue to 
monitor and report on GOS progress. 
 
Verizon Submission in 2009 
-------------------------- 
 
¶6.  (SBU) Verizon included Singapore in its 2009 Special 301 
submission, which indicated that Singapore does not adequately 
protect famous and well-known trademarks across different categories 
in accordance with the Paris Convention on Industrial Property. 
Post and Verizon legal counsel in Singapore were unaware prior to 
the filing that there were any such IPR-related issues here.  Upon 
further investigation, Verizon's local legal counsel clarified that 
the issue arose because the Singapore statutory framework for 
trademark protection does not mirror the global standard listed in 
the World Intellectual Property Organization (WIPO) Convention. 
According to Verizon, further investigation is warranted to examine 
the apparent gap between the protections that Singapore provides for 
international trademarks and the protection provided by the laws of 
such countries as the United States and the United Kingdom.  Post 
 
SINGAPORE 00000186  002 OF 002 
 
 
will continue to work with local Verizon contacts to determine and 
report how to address this issue with the GOS. 
 
Other Ongoing IPR-Related Issues 
-------------------------------- 
 
¶7.  (SBU) Singapore continues to have among the lowest rates of IPR 
infringing activity in Asia.  It has a dedicated IP enforcement 
branch and conducts a range of outreach and educational activities 
to raise public awareness about IPR.  That said there remain ongoing 
IPR issues that Post is addressing on a bilateral basis and within 
the framework of the FTA review process.  Such issues include the 
need for more enforcement against transshipped counterfeit goods; 
greater cooperation with Internet Service Providers (ISPs) in 
addressing online piracy; and adequate protections for 
whistleblowers.  We will continue to report on developments in these 
areas. 
 
SHIELDS