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

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2002ROME04495 - Classification: UNCLASSIFIED