VZCZCXYZ0003
RR RUEHWEB

DE RUEHCL #0132/01 1891428
ZNR UUUUU ZZH
R 081428Z JUL 09
FM AMCONSUL CASABLANCA
TO RUEHC/SECSTATE WASHDC 8442
INFO RUCPDOC/DEPT OF COMMERCE WASHDC
RUCNMGH/MAGHREB COLLECTIVE
RUEHFR/AMEMBASSY PARIS 0712
RUEHMD/AMEMBASSY MADRID 3873

UNCLAS CASABLANCA 000132 
 
SIPDIS 
SENSITIVE 
 
STATE FOR NEA/MAG 
STATE PASS TO KIRA ALVAREZ AND RACHEL BAE USTR 
STATE PASS TO JOSEPH RODRIGUEZ USPTO 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR PGOV MO
SUBJECT: PIRACY STILL THRIVING IN MOROCCO 
 
¶1.  (SBU) Summary: A recent visit by Econoff and Poloff to Morocco's 
largest informal market revealed that despite a strong legislative 
framework for combating counterfeit and pirated products, 
enforcement remains weak.  According to Morocco's Commercial and 
Industry Property Office, only 19 intellectual property rights 
related arrests were made in 2008.  Counterfeit I-Phones and I-Pods, 
unlicensed software, and pirated DVDs are readily available at a 
very low cost.  The recent Casablanca-based conference on 
intellectual property enforcement, led by the U.S. Patent and 
Trademark Office (USPTO), identified Morocco's slow and at times 
ineffective judicial system as a major challenge in the battle 
against piracy and counterfeiting.  End Summary. 
 
-------------------- 
Model for the Region 
-------------------- 
 
¶2.   (SBU) As a signatory to several international conventions aimed 
at combating piracy and counterfeiting, Morocco has a strong 
legislative framework unlike many other developing countries. 
Praising Morocco's efforts, the general director of the World 
Intellectual Property Organization recently said, "Morocco is a 
model for the region.  Its advances in modernizing and boosting its 
intellectual property capacity and infrastructure are to be 
applauded."  Further underscoring the country's commitment to 
combating the infringement of intellectual property rights (IPR) is 
Morocco's hosting of negotiations on the Anti-Counterfeiting Trade 
Agreement (ACTA), which if implemented will strengthen its IPR 
enforcement measures. (Note: Morocco will be the only developing 
country in the ACTA negotiation process, which will take place July 
16-17 in Rabat. End Note.) 
 
¶3.   (SBU) Leading Morocco's effort to boost the country's IPR 
compliance is the Moroccan Commercial and Industrial Property Office 
(OMPIC).  This office is tackling counterfeiting and piracy through 
a three-pronged approach that entails: 1) working with 
rights-holders and other government agencies to reform IPR 
legislation and improve law enforcement efforts, 2) changing 
mindsets about piracy through advertising campaigns and industry 
promotional events, and 3) taking civil action against pirates and 
counterfeiters to send the message that the industry will no longer 
tolerate this activity. 
 
¶4.   (SBU) OMPIC works closely with the Moroccan Association to 
Combat Piracy (AMPL), which coordinates the country's on-the-ground 
police raids and seizures.  Since AMPL's inception in early 2008, 
nearly two million CDs and DVDs have been seized.  One of Morocco's 
most successful anti-piracy campaigns centered on one of its own 
acclaimed films, "Casanegra".  The film was given title protection 
status (TPS), which takes serious sanctions against individuals who 
illegally replicate the film.  To test TPS's effectiveness, Econoff 
visited Morocco's largest informal market in search of a pirated 
copy of Casanegra, to no avail. 
 
¶5.  (SBU) With limited resources to fight piracy and counterfeiting, 
OMPIC is actively soliciting private sector assistance.  One example 
of this cross-sectoral partnership is MAPROMAC, a liaison between 
the business community and the different government agencies 
protecting against counterfeit goods.  "Private sector involvement 
is key, as they can provide the necessary resources to conduct 
long-term investigations needed in the large majority of IPR cases", 
said OMPIC Director Adil El Maliki. 
 
--------------------------- 
Observations from the Field 
--------------------------- 
 
¶6.  (SBU) While Morocco's regulatory and legislative IPR framework 
is strong, enforcement remains weak.  According to OMPIC, only 19 
IPR-related arrests took place in 2008.  The fight against piracy 
and counterfeiting remains nascent in Morocco, conceded a Ministry 
of Justice official at a recent IPR enforcement conference sponsored 
by USPTO the week of June 22. 
 
¶7.  (SBU) Econoff and Poloff visited Derb Ghallef, Morocco's largest 
black market, the week of June 22 to assess how widely available 
counterfeit and pirated products are to Moroccan consumers.  Derb 
Ghallef is made up of over 100 kiosks offering inexpensive 
counterfeit I-phones, I-pods, Microsoft programs, and pirated DVDs. 
The asking price for one of Hollywood's latest blockbusters, for 
example Wolverine, The Hangover, and Gran Torino, was USD 1.  Next 
to this extensive collection of Western films, was unlicensed 
software such as Microsoft's Windows Vista and Apple's Final Cut, 
for a slightly higher price of USD 3. 
¶8.  (SBU) Counterfeit Apple I-phones and I-pods, which looked 
identical to the adjacent genuine products, were also readily 
available.  The kiosk owners informed us that the counterfeit items 
were from China, but operated exactly like the originals.  The 
asking price for a 3GB counterfeit I-Phone is USD 37.  A salesman 
said demand for counterfeit I-Phones is so high that it is hard to 
keep them on the shelf. 
 
--------------------------- 
A Deficient Judicial System 
--------------------------- 
 
¶9.  (SBU) Despite a strong legal IPR framework, the country's slow 
and often ineffective judicial system remains a major challenge in 
the battle against piracy and counterfeiting, confided El Maliki. 
"It can take up to two years to prosecute a person charged with 
counterfeiting in Morocco".  In the meantime, "he is back on the 
streets selling the pirated product again."  Other government 
officials at the USPTO conference from Customs to Labor to Morocco's 
business federation echoed these sentiments, adding that inadequate 
funding to investigate IPR violations is also an impediment. 
 
¶10.  (SBU) Comment: While the Mission's capacity-building IPR 
initiatives are likely to enhance enforcement, private sector-led 
efforts to combat piracy and counterfeiting will be indispensible in 
improving Morocco's IPR climate.  Specifically, industry-initiated 
legal actions will be critical in winning the country's fight 
against counterfeiting, further highlighting the importance of a 
reliable judicial system.  End Comment. 
 
ORDONEZ