2008 Speeches

March 11, 2008

Dr. Roy L. Austin
United States Ambassador
"Combating Piracy of Intellectual Property Rights" Workshop
Ministry of the Attorney General

Ambassador Austin addressing the audience

The Honorable Peter Taylor, Minister of Legal Affairs
Mr. Geoffrey Henderson, Director of Public Prosecution
Representatives of the Intellectual Property Office, Police Force, Customs and Excise Division, Chief Parliamentary Counsel, Clerk of the House, Bureau of Standards, Inland Revenue Division
Other Government Officials
Private Sector representatives
Members of the Media

Ladies and Gentlemen

Good morning!

I thank you for attending this important workshop aimed at effectively combatting piracy of intellectual property rights (IPR).  This issue that should be of major concern to all of us has been raised increasingly in the media and in Parliament.  During much of my tenure at the U.S. Embassy, we have tried to encourage attention to it; and in 2007, we joined with the Ministry of Education and the Ministry of Legal Affairs to increase awarenesss of the costs to this country’s citizens of IPR violation. The vehicle — the 5^th Ambassador’s Song and Verse Contest in which young students utilized their artistic talents to enlighten citizens about this topic. They sang, rapped, and repeated verses individually and in groups to spread the important message.

It was heartening to see that a concept often painted as overly complex – protecting the intellectual labor of others – was easily grasped by young students.  Why did these young people so readily grasp the concept and the consequences of violating protective norms? Perhaps it is because the rationalizations that adults use when they violate IPR laws are “too clever by half” for those less practiced in sophistry. At a tender age, properly socialized children know stealing and cheating when they see it, and they realize that these activities are wrong.  

Stealing and cheating are morally wrong.  If we buy pirated DVDs or download songs for free, what is the message we are sending to our children?  That stealing is alright if no one notices?  That stealing is okay if the item has a relatively low value? We must all reflect on these questions.

Less serious violations, as those involving IPR may be regarded, are sometimes rationalized by calling them victimless crimes.   The regrettable truth is that the behaviors do victimize others, although the victims may not be obvious.  IPR violations pose serious safety and health concerns, undercut economic activity, stifle creativity, and are often linked to other criminal activity, including crime with a global or terrorist dimension.

IPR violations often allow offenders to pass off substandard products at attractive prices to consumers. Manufacturers who have not expended financial resources on research and have no reputation to protect can market counterfeit drugs that hurt rather than help. Counterfeit electronics and auto parts are often inferior in quality and are more likely to injure or kill by causing fires or traffic accidents than legitimate products.

The economic impact of piracy is also far reaching.  When counterfeiting occurs, engineers, scientists, musicians, and artists not only lose control of their work, they also lose income that could be used to support future creative endeavors, research and innovation.  Companies and individuals have less incentive to innovate if there is no reason to believe that their ideas, songs, or products will be protected and bring them financial benefit.  In addition, foreign companies may be reluctant to share their innovations with countries in which there is widespread piracy of intellectual property and counterfeiting of trademarked products. Potential consumers are thus deprived of items they may need.

Effective enforcement of intellectual property laws, therefore, is essential to maintaining a vibrant economy and a strong nation.  Legitimate businesses that provide stable employment, offer health insurance, and pay rent are at risk if piracy and counterfeiting are allowed to flourish.   Moreover, pirated and counterfeit products are often sold in black market transactions and typically evade the tax system.  By reducing tax collections, piracy affects the resources available to the Government to equip and train law enforcement organizations, to support education, health care, and social services, and to improve the national infrastructure. 

Piracy, however, is not just about profits, government revenues, and economic development.  Protecting intellectual property rights is critical to preserving local culture.  With the Carnival season just having ended, my mind readily turns to the incredible singers, songwriters, musicians, writers, and painters of Trinidad and Tobago.  Yet, if intellectual property rights are not protected, mature artists risk enormous losses on their next calypso, novel or painting.  There is little incentive for the talented young to make the effort to improve. The cultural activities that bring so much joy will disappear or become less available. Strong mechanisms for enforcing intellectual property rights will help ensure that Trinidad and Tobago's youth find opportunity in the arts and enrich future generations with their extraordinary talents.

Finally, let me briefly refer to the darker criminal side of this problem.   Counterfeit products help to fund large well-organized criminal enterprises that engage in serious property and violent crimes.  Purveyors of these products in some areas of the world also are tied to terrorist activities.  For this and other reasons that I have previously mentioned, the criminal justice system and the broader community must cooperate in the fight against IPR violations.  Optimum effectiveness requires that police, customs, legislators, consumer organizations, tax authorities, and affected industries actively engage in legislating and enforcing IPR laws. 

Your work over the next three days will be invaluable in promoting understanding of individual and societal costs of allowing IPR violation to flourish and developing effective measures to enforce IPR laws. I am confident that the Intellectual Property Rights Enforcement Handbook that you will produce will serve as a valuable resource. Furthermore, the collaborative spirit engendered by this course will ensure that innovative law enforcement stays one step ahead of the evolving challenges presented by this century’s pirates.

May the Almighty guide your deliberations! I thank you for attending to my entreaty!