The Lebanese copyright law, its implementation and its conformity with international conventions

Abstract

Political instability in Lebanon, caused by the tragic war that lasted over 25 years, inhibited and delayed all economic development. A new area of political stability conducive to development emerged soon after 1990. During this era, Lebanon commenced a completely new national economic recovery, a process that witnessed new construction in various infrastructural sectors, to including the courts, telecommunication, electric installations, airports, roads, etc. 1 As part of the Lebanese economic policy, the Lebanese government invites investors and tries to create for them an appropriate and friendly environment. To that end, the Lebanese government decided to participate in the international economic trends through its application for membership in the World Trade Organization (WTO) on February 1999. On May 1999 the Council of the WTO approved the Lebanese application, and since then Lebanon has been an observer member in the WTO. In order to pass from observer status to fuU membership in the WTO, the Lebanese government has to fulfill several conditions, which include harmonization of the political, legal and legislative framework with the Trade Related Intellectual Property Aspects Agreement (11UPS). In partial compliance, Lebanon has enacted two new laws, the first one being the Copyright Law number 75 issued on March 13, 1999 and the second being the Patent Protection Decree number 2856 issued on March 26, 2000. However, given the infancy of the Copyright Law, it still remains to see how effective the Lebanese government and judicial authorities will be in enforcing the provisions of this Law. In fact, at the present time, Lebanon continues to face problems in providing adequate and effective protection of intellectual property rights. Problems persist with the widespread availability of pirated optical discs and rampant internet and T.V cable piracy. On the international level, despite stronger laws and enforcement, software counterfeiting is increasing at an alarming rate around the globe. During the last 5 years, international studies have revealed that Lebanon has become a producer of pirated materials2 and an exporter of piracy? The path to the battle against piracy is a long one but success will solve many economic problems for Lebanon. Every contribution towards the goal of anti-piracy should be commended. Some beginning has been made and although it appears small today, it might be the beginning of the solution. Indeed the Lebanese government's recent steps constitute its most serious efforts, yet, to strength the IPR protection. Although government has the main responsibility in ensuring that the Law is enforced, it requires help. Greater awareness should be spread at the grassroots level, where people may accept the need for Intellectual Property to be respected and paid for. After all, the Lebanese government recognizes that appropriate enforcement of Intellectual Property Rights is going to be important for the Lebanese economic development. Accordingly, once this appropriate task is properly achieved and duly internationally recognized, WTO membership will allow Lebanon to fully integrate into the world economy and the multilateral trading system, to find and play effectively its role in the global economic system, and to greatly increase and fully exploit its economic, trade and investment potential.