| ID: | 135868 |
| Date: | 2007-12-28 18:04:00 |
| Origin: | 07MADRID2305 |
| Source: | Embassy Madrid |
| Classification: | UNCLASSIFIED |
| Dunno: | |
| Destination: | VZCZCXYZ0059 RR RUEHWEB DE RUEHMD #2305/01 3621804 ZNR UUUUU ZZH R 281804Z DEC 07 FM AMEMBASSY MADRID TO RUEHC/SECSTATE WASHDC 4012 INFO RUEHBS/USEU BRUSSELS |
UNCLAS MADRID 002305 SIPDIS SIPDIS STATE FOR EB/TPP/IPE (JURBAN, JBOGER) AND EUR/WE (ESAMSON0 STATE PASS USTR (JGROVES, CWILSON) STATE PASS COMMERCE (ITA - DCALVERT) STATE PASS USPTO (MSHAPIRO) STATE PASS U.S. COPYRIGHT OFFICE (MSKELTON) E.O. 12958: N/A TAGS: KIPR, ECON, ETRD, SP SUBJECT: SPAIN INTELLECTUAL PROPERTY RIGHTS (IPR) STRATEGY REF: BOGER-SCHONANDER 12/6/07 E-MAIL 1. (SBU) This message is sensitive but unclassified and not for internet distribution. 2. (SBU) Summary: Given the USG's Special 301-related concerns with respect to the protection of copyrighted materials in Spain, the Embassy has developed a short, medium and long-term IPR strategy for Spain. The strategy is by no means exhaustive and is subject to continual review and suggestions, including from Washington agencies, but the strategy does provide something of a roadmap for where we want to go and how. While Embassy Madrid acknowledges modest efforts by the government to protect copyrighted materials, more needs to be done. Our strategy will required continued constant high-level Embassy attention to this matter and occasional help from Washington agencies over the coming three to four years. End Summary COPYRIGHT PROTECTION PROGRESS REPORT ------------------------------------ 3. (SBU) For the first time, the GOS has asked Internet Service Providers (ISPs) to table a specific proposal for dealing with illegal internet downloads. Until now, the GOS has limited itself to brokering meetings between ISPs and content provider representatives. The GOS has sent a letter to the Spanish Restaurant and Bar Association proposing an agreement to deal with sales of pirated products in bars and restaurants. In March 2007, the GOS released a report on the economic value of cultural products, thereby justifying the public case for protection. In 2007, there have been multiple police actions against pirates, including operators of websites trafficking in pirated products. The GOS notes that a number of these websites receive technical support in the U.S. Content provider representatives continue to express appreciation for police actions against pirates. On November 7-8, 2007, the government organized a well-attended IPR conference in Madrid. However, there is no functioning notice and takedown system for the internet. With more and more Spaniards enjoying broadband internet access, the number of illegal movie and music downloads will likely continue to increase. Street sales of pirated products remain high. The judiciary often does not act as aggressively against IPR pirates as is warranted. The Justice Ministry circular effectively decriminalizing not for profit, i.e. "consumer", peer to peer file sharing on the internet remains on the books. SHORT, MEDIUM AND LONG-TERM IPR STRATEGY ---------------------- 4. (SBU) Our short-term strategy runs from now until the March 9, 2008 parliamentary elections. There is no prospect of legislative achievements between now and the elections. Progress will have to be measured by action undertaken by the executive alone. Embassy intends to conduct the following activities. a) DCM will meet in January with the Secretaries of State for Industry, Culture and Justice. b) DCM will meet in January with PP economic platform coordinator Juan Costa to emphasize the importance of IPR issues to the USG. c) Econ and Commercial Service will meet in January or February with Telefonica lawyers to understand better the views of Spain's dominant ISP and discuss notice and takedown. d) We will take advantage of USPTO Senior Counsel Michael Shapiro's February trip to Spain to have him talk to GOS officials and, scheduling permitting, members of the Spanish judiciary. e) Econ will meet in February/March with stakeholders and ascertain opinions on Special 301 watchlisting. f) Econ/CS will use expected February visit of Commerce DAS for Europe to engage GOS officials on IPR matters. 5. (SBU) Our medium-term strategy runs from the March elections until the end of 2008. Our assumption is that a new government has about a year to get unpopular measures approved. a) Ambassadorial meetings in March/April with GOS officials on IPR. b) DCM meetings with GOS officials in March/April on IPR. c) Ambassadorial recommendation on Special 301 watchlisting. d) Econ to work with PA on International Visitor programs and judge-to-judge exchanges. e) Econ work to persuade GOS to adopt a functioning notice system prior to August 2008 holidays. Our assumption is that the GOS can start with notice, see how that works and then tackle takedown. f) Ambassador hosts Minister of Industry for lunch with stakeholders - copyright protection on the agenda. g) Urge GOS to incorporate explicitly improved IPR protection in achieving Spain's strategic objective of raising private sector investment in research and development. 6. (SBU) Our long-term strategy runs from 2009 until the end of the next government's mandate in 2012. a) Continued front-office emphasis on IPR issues. b) Engage with USEU Brussels on planned EU draft directive on "Creative Content Online" - ensure directive correctly transposed in Spain. c) Bring USG speakers to Spain on IPR. d) Consider GOS mission to the U.S. to study the possibilities that legal e-business offers. e) Encourage visit by U.S. Trade Representative to Spain. AGUIRRE |
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