The Saudi government is cracking down on those violating intellectual property rights in the public and private sectors, General Director of Copyright Rafeik Al-Okaily recently told Rodolfo Estimo Jr. of Arab News. In a wide-ranging interview, he revealed details about raids on businesses, challenges facing his department, and spoke candidly about his impending retirement.
Following are excerpts of the interview:
How effective has the campaign been so far? Have you confiscated fake software and other materials?
Our inspectors raided a shop a few days ago in Naseem area in the Kingdom's capital city and confiscated 14,500 fake compact discs. They also raided another shop in the area which yielded 9,500 fake CDs and DVDs.
In going about their job, there are two approaches used by our inspectors. One is by going out every day and visiting various establishments to make sure that rules on IPR are followed. Another is to act on complaints from the public. If our inspectors find any violation, they compile a report. We don't have the powers of the police, so we seek the help of other authorities to conduct raids on business establishments believed to be using fake software or shops selling illegal CDs and DVDs. So far, they are doing a good job.
Can you talk about their performance last year? Do you think you have enough staff to enforce rules and regulations?
Last year we received 870 complaints. We warned some perpetrators selling fake DVDs. We told them that if they didn't dispose of the fake DVDs we would confiscate the goods and arrest them; and that they would face stiff fines and imprisonment. They complied but we acted on 492 violations and recommended penalties to the Board of Grievances.
We also decided on 105 violations involving audio tapes, 59 movies and 122 computer games. All the shops infringing IPR were closed down for a total of 2,850 days.
Considering the number of businesses across the Kingdom, do you think the General Directorate of Copyright has enough staff to do its job?
We're doing our best. We have received sufficient support from Minister of Culture and Information Dr. Abdulaziz Khoja, who has upgraded my position. I have only 150 staff at the directorate. Of this number, there are 115 inspectors with the rest administrative staff. Of the inspectors, 45 are in Riyadh, 20 in Jeddah and 50 in Dammam. The upgrade of my position is very important. By reporting directly to deputy minister Dr. Abdullah Al-Jasser, I can act immediately to implement IPR rules and regulations.
What other steps, if any, has the ministry taken to step up its campaign against IPR infringements?
The ministry has been conducting workshops. One was held on Feb. 5 in coordination with the Riyadh-based Business Software Alliance (BSA) whose spokesman and representative in Saudi Arabia is Mohammad Al-Dhabaan. It was intended for government officials who were asked to use original software. These government officials were informed about the responsibilities of the inspection technical committee and the significance of keeping all operating software documents reachable. (The third Arab forum on combating commercial fraud, counterfeiting and protection of IPR will be held in Riyadh on March 3. Twenty-two Arab countries have so far agreed to take part in the forum, which is being held under the auspices of the Ministry of Finance.)
Moreover, the ministry also continued to communicate with copyright owners by holding 14 meetings where there was an open and free exchange of views. The copyright owners were shown some counterfeit items that were seized.
A public awareness campaign was also conducted. An agreement was reached to continue the public awareness campaign through the media. Furthermore, the ministry also hosted the Sixth Conference on Copyright Protection in Arab Countries last July 3-5 at the King Fahd Cultural Center in Riyadh. During the conference, the general directorate presented 10 papers related to intellectual property rights. The general directorate also conducted over 30 television, radio and newspaper interviews to show confiscated materials. In doing so, we were encouraging further respect for copyrights.
You mentioned the technical committee. Can you talk about its accomplishments?
The committee issued 464 decisions in 2012. It also set standards on penalties, such as a SR 3,000 minimum fine, the temporary closure of a violating company, compensation for copyright owners, and disposal of the pirated materials.
The committee also decided that if a company violates the law three times, it can be sued under defamation regulations. If there is a fourth violation, then the company's trading license will be cancelled.
The committee also decided that cases must not exceed two weeks from the day it is received. At present, there are no pending cases or none under consideration.
The committee is also arranging a workshop this year with the judges of the Board of Grievances to help them agree to operate according to a standardized system.
What would you consider as landmark cases involving the General Directorate of Copyright?
We have had so many cases on IPR infringements. However, a landmark case involved a Saudi trader in pirated products going to jail for 10 days last year. He was given lashes and fined SR 150,000. In that case, we collaborated with the Dubai-based Arab Anti-Piracy Alliance (AAA) headed by Scott Butler and BSA. That was followed by our inspectors' raids on traders of pirated products in Riyadh.
What are your thoughts on your retirement and what are you doing to ensure a smooth transition after you're gone?
I am retiring in two years' time but this is no reason to relax enforcing the laws against IPR violations. My heart, in fact, has become immune to entreaties from guilty parties to forgive them for IPR violations.
Doing my job is my way of giving back for what my country gave me. I was sent to study at Exeter University in the United Kingdom in 1990 and when I came back two years later I was asked to establish the General Directorate of Copyright. For this reason alone, it's incumbent on me to make it live up to its founding vision. I will ensure a smooth transition when I leave by asking the people under me to prove that they can take over when I vacate my position. This means they have to work hard.


