I READ with interest in last Friday?s edition of l?express that thousands of pirated DVDs from Malaysia transit through Plaisance on their way to South Africa. Not surprising because this fact has long been well known to the general public. What is equally public knowledge but seems to escape the attention of authorities and institutions supposed to know it, is that similar thousands of pirated DVDs are imported and taken delivery of by local ?entrepreneurs?. Does the explanation - ?goods in transit are generally not subject to Customs verification? - stand good for these local imports too?

You have only to walk through Farquhar, Corderie or La Reine Streets in Port-Louis or visit video clubs throughout the island, even sweet shops (e.g. one at Orchard Towers), spice shops (Queen Street) to realise that pirated DVDs not only transit through our airport, but thousands are directly imported and openly sold on local markets. For Rs100 to Rs150 you can even get a deux/trois-dans-ene (2 or 3 films on 1 disk) made in Malaysia, China or Pakistan when one original DVD costs Rs 630.

One cannot help asking the following questions from Customs:

1. How do such voluminous amounts of DVDs get cleared through customs? 2) Are they smuggled in or do they enter officially? 3) If legally declared, is the necessary Value Added Tax levied on them? 4) If so, what CIF values are declared for them to be retailed undoubtedly with profits accruing to importer, distributor and retailer, at Rs100 to Rs150 per disk? 5) Is there a valuation exercise carried out by Customs in respect of this more than obvious under evaluation? 6) Given the poor print-quality of the box-covers and the poorer quality of the disks themselves, it is difficult to accept that our Customs Officers fail to notice the forged/pirated nature of these ?imports?. Do they take any action on these all-too-visible infringements of the Copyright Act; or, even of their own Customs Act? I do seem to remember that this Act does have a provision under Sec.169 or so, which decrees as ?prohibited imports: forged and counterfeit goods? .

This Section certainly denies any excuse (as has been recently made re: counterfeit trade-names on garments) that Customs cannot act without proper claims lodged by copyright holders - which excuse may be true when ORIGINAL items are commercially exploited by third parties to the detriment of genuine copyright holders ; but most certainly does not stand in regards of obvious pirated , copied , forged or counterfeited items . This Act sufficiently arms the customs officer to act on his own accord regarding the latter types of goods, without his being prompted in whatever way by other legislations, by Court Orders or by claims lodged.

From MASA & POLICE:

1. While it is readily conceded that you have some impressive bilan in your fight against CD piracy, what one cannot understand is how pirated DVDs are openly sold and commercially exploited under the very nose of your inspectors. Apart from harassing on mere hearsay from people pretending to be copyright holders - a few honest DVD Clubs exploiting legally imported originals, you seem to be totally blind to the widespread illegal business of pirated DVDs. 2) It is rumoured that you and Customs authorities are under heavy pressure from ?Mafiosi? linked to this lucrative affair; that?s why you are unable to act against these ?highly connected? criminals. Is this true? 3) Do you consider that, when one sees this glaringly blatant open illegal trade in every corner of our streets, one is wrong in perceiving all your talk and that of the Arts & Culture Minister?s in the press and on TV about your anti-piracy mission is just so much empty words ?

Not to mention the locally printed pirated DVDs...

Jagdish Seebaruth