Buried treasure

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Much of this work has been done in partnership with the Business Software Alliance (BSA). The BSA also recently led a campaign in Jordan targeting software piracy.

Jordan is a good example of how stringent legislation can have a major impact on reducing the rate of piracy. Prior to Jordan's accession to the WTO, piracy rates were estimated in the vicinity of 90 percent. This figure now stands at just 60 percent.

An underlying issue challenging progress in many industries, however, is enforcement.

This was highlighted in the Global Congress' recommendations, which state "...even if good laws are in place, they are often poorly enforced. In order to... make the enforcement of IP rights more efficient, decision-makers in the public and private sectors need to be made aware of the requirement to allocate additional human and financial resources."

A local example of this was highlighted by the Jordan Intellectual Property Association (JIPA).

"Jordan has first-rate IP legislation and has been a trailblazer in the region when it comes to IP laws," says Bassam Hijawi, chairman of JIPA, adding however, that "there seems to be no coordination between the different government departments whose job it is to enforce these laws".

The issue of enforcement was also raised by Benjamin during his speech at the Global Congress, as he pointed out that in the Czech Republic, which is a member of the EU, 70 retailers selling pirated material were discovered in one undercover operation.

Despite the level of policing increasing in some areas, the fight against DVD counterfeiting continues to prove difficult. In April, the Dubai Municipality confirmed that it had destroyed 90,000 pirated DVDs and charged 329 street vendors with selling counterfeit goods, including 2500 pirated DVDs.

The next likely battleground for IP enforcers is online. As the number of Middle East-based online content delivery services to hit the market rises and broadband penetration increses, digital piracy is set to become a major issue.

The threat of piracy in the region and the reputation which it possesses does not inspire confidence from content owners.

Middle East television coverage of the English Premier League appeared in UK venues with many undiscerning landlords opting out of the pricier commercial fees charged by Sky in that market. This may not directly have been a fault with the local industry but it does, unfairly, leave a tarnish the Middle East's reputation.

There is also the local issue of cultural sensitivity. Many decrypted set top boxes can receive European satellite TV channels, which are not included in the pay TV packages available in the Middle East.

There is only so much that broadcasters can afford to do financially in terms of investing in technology, fostering awareness campaigns and lobbying governments against the threat of piracy.

Conditional access technology can make life more difficult for hackers, but ultimately all but the most sophisticated encryption technologies can be cracked given time, motivation and significant resources, of which pirates seem to have plenty.

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