Identifier
Created
Classification
Origin
04SANTODOMINGO4635
2004-08-11 23:09:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Santo Domingo
Cable title:  

DOMINICAN CONGRESS STALLS EFFORT TO UNDERCUT IPR

Tags:  KIPR PGOV DR 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SANTO DOMINGO 004635 

SIPDIS

SENSITIVE

DEPT FOR WHA/CAR, EB/TPP/MTA/IPC; USDOC PASS USPTO; WHITE
HOUSE FOR USTR

E.O. 12958: N/A
TAGS: KIPR PGOV DR
SUBJECT: DOMINICAN CONGRESS STALLS EFFORT TO UNDERCUT IPR
PROTECTION


UNCLAS SANTO DOMINGO 004635

SIPDIS

SENSITIVE

DEPT FOR WHA/CAR, EB/TPP/MTA/IPC; USDOC PASS USPTO; WHITE
HOUSE FOR USTR

E.O. 12958: N/A
TAGS: KIPR PGOV DR
SUBJECT: DOMINICAN CONGRESS STALLS EFFORT TO UNDERCUT IPR
PROTECTION



1. Summary. On August 11 Charge and EcoPol counselor urged
Dominican House of Representatives President Alfredo Pacheco
to block draft legislation from the Senate intended to reduce
penalties for IPR infringements and to institute automatic
compulsory licensing of patents. Pacheco said that he will
allow the draft measure to expire with the end of the
extraordinary session and will not allow precipitate acion on
it in the session to begin next week. End Summary.


2. Dominican IPR attorney Mary Fernandez contacted the
Embassy on August 9 to advise that in unpublicized action on
July 22 the Dominican Senate had quickly passed legislation
that would alter existing law to provide that a) in cases of
requests for compulsory licensing of patents, these would be
considered granted in the event that the authorities take no
administrative action in the period of 120 days, and b)
current penalties for IPR infringement would be revised to
exclude jail terms and to set fines on a scale that would not
exceed 250,000 Dominican pesos (approximately USD 5,000).
Fernandez provided a facsimile of the draft legislation,
which reportedly remained in the Dominican Senate awaiting
transmission to the House of Representatives.


3. The Charge, FCS counselor, and EcoPol staff received
Fernandez and regional representative of U.S. pharmaceutical
manufacturer Merck Sharp and Dohme on August 10 and on August
11 the Charge and EcoPol counselor called on House of
Representatives President Alfredo Pacheco. Pacheco indicated
that he had just received the Senate draft, along with other
legislation seeking to set up a closer regime of supervision
for fuel distribution. "I will not move quickly on these
issues," he commented. "One thing I have learned in this
year's term as president is that it's a mistake to push
measures through in a hurry."


4. The Charge pointed out the potential of this legislation
for undermining business confidence; she also stressed the
requirements of the TRIPS agreement for patent protection,
due process, and disuasive enforcement measures. She provided
background material taken from the WTO website, the TRIPS
articles concerning patents, and relevant text from the Doha
ministerial declaration of the World Trade Organization.
KUBISKE