IPR Training Needs and Best Practices

UNCLAS SECTION 01 OF 02 ANKARA 001598

SIPDIS


DEPT FOR EB/TPP/MTA/IPC - AERIAS AND EUR/SE
DEPT PASS LIBRARY OF CONGRESS
DEPT PASS USPTO FOR ELAINE WU/MICHAEL SMITH
USDOC FOR ITA/MAC/DDEFALCO
DEPT PLEASE PASS USTR FOR LERRION/BPECK


E.O. 12958: N/A
TAGS: ETRD KIPR TU
SUBJECT: IPR Training Needs and Best Practices


REF: SECSTATE 42796



1. Post's answers to reftel questions are as follows:


A.1. Post IP Training: Embassy Ankara has facilitated
Turkish participation in several training programs on
intellectual property (IP) protection. In August 2003, the
Bureau of Educational and Cultural Affairs organized a three-
week international visitor program in the U.S. for four
Turkish officials working on IP issues. The officials
visited five cities in the U.S., and met a wide range of USG
agencies working on IP. The Embassy also nominated and sent
a Turkish Customs officer to the U.S. Patent and Trademark
Office's (USPTO) Visiting Scholars Program in May 2003, and
an Industry/Commerce Ministry official to the same program
in 2002. USPTO proposed an IP enforcement training program
to be held in Turkey in September 2004.


A.2. NON-USG IP TRAINING: THE EUROPEAN UNION (EU) HAS BEEN
ORGANIZING AND FINANCING IP TRAINING PROGRAMS FOR TURKISH
OFFICIALS BOTH IN TURKEY AND IN EUROPEAN COUNTRIES. IN
SEPTEMBER 2002, THE EU ORGANIZED A TEN-MONTH TRAINING COURSE
FOR EIGHT TURKISH JUDGES SPECIALIZED IN IPR ISSUES IN FIVE
EU COUNTRIES. THE JUDGES RECEIVED EXTENSIVE TRAINING ON THE
EU'S IP LEGISLATION AND ENFORCEMENT. IN ADDITION TO THIS
LONG-TERM TRAINING, THE EU'S TECHNICAL ASSISTANCE AND
INFORMATION OFFICE (TAIEX) ORGANIZED IP SEMINARS IN TURKEY,
IN WHICH SEVERAL TURKISH JUDGES AND PROSECUTORS
PARTICIPATED. TAIEX ALSO FINANCED EXPENSES OF SOME TURKISH
OFFICIALS TRAVELING TO VARIOUS EU COUNTRIES TO ATTEND IP
SEMINARS.


THE TURKISH JUSTICE MINISTRY AND THE EUROPEAN PATENT OFFICE,
WITH FINANCIAL SUPPORT FROM THE EUROPEAN COMMISSION, PLAN TO
CONDUCT AN INTERNATIONAL SYMPOSIUM ON IP ENFORCEMENT IN MAY.


THE FRENCH AND TURKISH POLICE ORGANIZED A SEMINAR ON
COUNTERFEIT AND IP RIGHTS FOR TURKISH POLICE OFFICERS IN
JUNE 2003. REPRESENTATIVES OF PHILIP MORRIS, THE MOTION
PICTURE ASSOCIATION OF AMERICA AND OTHER PRIVATE SECTOR
REPRESENTATIVES PARTICIPATED IN THE TRAINING.


IN ADDITION TO THESE INTERNATIONAL TRAINING PROGRAMS AND
SEMINARS, ANKARA UNIVERSITY LAW FACULTY'S RESEARCH CENTER ON
INTELLECTUAL AND INDUSTRIAL PROPERTY (FISAUM) ALSO ORGANIZES
IP SEMINARS AND TRAINING PROGRAMS ON A REGULAR BASIS.


B.1. EVALUATION OF PROGRAMS: PARTICIPANTS IN THE TRAINING
PROGRAMS HAVE GENERALLY TOLD US THAT EXPOSURE TO IP
PRACTICES IN A RANGE OF OTHER COUNTRIES HAS BEEN USEFUL.
WHILE TURKISH OFFICIALS PREFER TRAINING IN THESE FOREIGN
COUNTRIES, SEMINARS IN TURKEY ARE MORE COST-EFFECTIVE AND
CAN REACH A GREATER NUMBER OF OFFICIALS. TURKISH OFFICIALS
PREFER TO HAVE SEPARATE MEETINGS WITH VISITING EXPERTS TO BE
ABLE TO DISCUSS THEIR PARTICULAR ISSUES.


B.2. BEST PRACTICES: IT IS USEFUL AND APPRECIATED WHEN POST
IS ABLE TO SCHEDULE MEETINGS BETWEEN VISITING EXPERTS OR
SPEAKERS AND THEIR HOST COUNTRY COUNTERPARTS. THESE
MEETINGS ARE MOST USEFUL WHEN VISITORS ARE WELL-BRIEFED ON
THE HOST COUNTRY'S IP AGENDA AND LEGISLATION.


B.3. NON-TRAINING RELATED STRATEGIES: IN JANUARY 2002, THE
EMBASSY INVITED PAUL KILMER, A HOLLAND AND KNIGHT ATTORNEY
SPECIALIZING IN IP ISSUES, TO TURKEY. KILMER ADDRESSED AN
ANKARA BAR ASSOCIATION SEMINAR ON IP, AND MET WITH THE
RELEVANT GOT OFFICIALS TO SHARE HIS EXPERIENCES IN THIS
FIELD. THE PROGRAM PROVED AN EFFECTIVE MEANS FOR SHARING
THE U.S. EXPERIENCE IN THIS AREA, AND WOULD BE WORTH
REPEATING WITH MORE OF A FOCUS ON ENFORCEMENT ISSUES. FOR
EXAMPLE, FUNDING COULD BE ALLOCATED FOR TRAVEL AND PER DIEM
FOR A USG OFFICIAL KNOWLEDGEABLE ON ENFORCEMENT MATTERS TO
ADDRESS ONE OF THE IP CONFERENCES PERIODICALLY HELD IN
TURKEY.


C.1. POST TRAINING: POST HAS SENT ITS IP OFFICER TO NFATC'S
TWO-DAY IP COURSE AND IS SATISFIED WITH THE TRAINING
RECEIVED.


C1/C.2. HOST COUNTRY TRAINING/SUPPORT PROGRAM SUGGESTIONS:
EMBASSY BELIEVES THE GOT COULD BENEFIT FROM ADDITIONAL
TRAINING OR RELATED ASSISTANCE IN SEVERAL AREAS,
PARTICULARLY IN ENFORCEMENT. GOT OFFICIALS ARE VERY
RECEPTIVE ABOUT IP TRAINING PROGRAMS, AND IN SOME CASES CAN
CONTRIBUTE IN-KIND SUPPORT. FOR EXAMPLE, USPTO PROPOSED AN
IP ENFORCEMENT TRAINING PROGRAM TO BE HELD IN TURKEY IN
SEPTEMBER 2004. THE JUSTICE MINISTRY HAS OFFERED USE OF ITS
CONFERENCE FACILITIES, AND MAY BE WILLING TO DO SO FOR OTHER
IP-RELATED TRAINING PROJECTS. THE JUSTICE MINISTRY IS
CLOSELY LINKED TO FISAUM AND HAS ORGANIZED SEVERAL TRAINING
PROGRAMS AND SEMINARS THERE.


EMBASSY CONSIDERS THE USPTO'S TWO-WEEK VISITING SCHOLARS
PROGRAMS TO BE VERY USEFUL FOR TURKISH IP OFFICIALS, BUT
NOTES THAT IN SOME OF THESE SESSIONS, LACK OF FUNDS FOR
TRAVEL AND ACCOMMODATION HAS BEEN A BARRIER TO TURKISH
PARTICIPATION. THE DEPARTMENT MAY WANT TO CONSIDER
PROGRAMMING SUFFICIENT FUNDS TO COVER ONE TURKISH
PARTICIPANT ANNUALLY IN THE USPTO PROGRAM.


ONE OF OUR CONTACTS, A JUDGE SPECIALIZING IN IP ISSUES AT
THE JUSTICE MINISTRY, RECENTLY TOLD US THAT THE ANKARA
UNIVERSITY LAW FACULTY'S RESEARCH CENTER ON INTELLECTUAL AND
INDUSTRIAL PROPERTY (FISAUM) HAS A LIBRARY WITH A LARGE
VARIETY OF IP-RELATED MATERIAL, MOSTLY FROM EU SOURCES. THE
JUDGE THOUGHT THE LIBRARY WOULD BENEFIT FROM ANY ADDITIONAL
READING MATERIAL, BOOKS OR PERIODICALS, FROM AMERICAN
SOURCES.
EDELMAN