ITALIAN RESPONSE TO DEMARCHE ON SUBSTANTIVE PATENT

UNCLAS ROME 004495 SIPDIS SENSITIVE STATE FOR EUR/SE AND EB/IPC STATE PASS USTR FOR BURCKY STATE PASS USPTO FOR HUTHER, PAUGH, SANTAMAURO, BOLAND E.O. 12958: N/A TAGS: KIPR ECON ETRD EUN SUBJECT: ITALIAN RESPONSE TO DEMARCHE ON SUBSTANTIVE PATENT LAW TREATY REF: A. ROME 3961 ¶B. STATE 149859 THIS MESSAGE IS SENSITIVE. NOT FOR INTERNET DISTRIBUTION. ¶1. (U) ECONOFF MET ON 12 SEPTEMBER WITH COUNSELOR GIULIO PRIGIONI, THE NEWLY-APPOINTED ITALIAN REPRESENTATIVE TO WIPO (REF.A) TO DISCUSS REF POINTS (REF. B). ¶2. (SBU) THE GOI AGREES WITH THE USG POSITION THAT THE STANDING COMMITTEE ON THE LAW OF PATENTS SHOULD REMAIN FOCUSED AND PRODUCTIVE, PRIGIONI ASSURED. HOWEVER, THE GOI IS NOT YET PREPARED TO GO PUBLIC THIS VIEW SINCE DISCUSSIONS ARE STILL IN THEIR EARLY PHASE AND A JURIDICAL BASIS FOR AN AGREEMENT HAS YET TO BE IDENTIFIED. ¶3. (U) THE GOI, MOREOVER, DOES NOT/NOT SUPPORT THE CREATION OF A SEPARATE GROUP TO PURSUE PATENT HARMONIZATION DISCUSSIONS. PRIGIONI NOTED THAT, IN THE GOI VIEW, THE CREATION OF A SEPARATE GROUP WOULD CREATE THE IMPRESSION OF A DEAL BEING STRUCK BEHIND CLOSED DOORS, POTENTIALLY UNDERMINING THE LEGITIMACY OF AN AGREEMENT. HE PROPOSED INSTEAD THAT BILATERAL EXCHANGES BE USED TO SUPPLEMENT STANDING COMMITTEE DISCUSSIONS. SEMBLER UNCLASSIFIED > 2002ROME04495 - Classification: UNCLASSIFIED