IP ENFORCEMENT TRAINING IN TURKMENISTAN FY 2006

UNCLAS ASHGABAT 000315 SIPDIS STATE FOR SCA/CEN (PERRY),EB/IPE (CLACROSSE, EFELSING), INL (HOOKER),INL/C/CP (JVIGIL) SIPDIS E.O. 12958: N/A TAGS: KIPR BTIO ETRD ECON SNAR TX SUBJECT: IP ENFORCEMENT TRAINING IN TURKMENISTAN FY 2006 PROPOSAL Ref: A. State 034733 ¶B. Ashgabat 256 ¶C. Ashgabat 207 ¶1. Turkmenistan is on the 2006 Special 301 Watch List. Education on basic IPR concepts and law enforcement training is requisite to the permanent removal of Turkmenistan from this List. Embassy Ashgabat enthusiastically submits the following project proposal per ref A in order to develop the GOTX's IPR law enforcement capacity through USG-sponsored IPR education and training. ¶2. Project Proposal ¶A. PROJECT TITLE: IPR BASIC-CONCEPTS TRAINING FOR GOTX OFFICIALS. LAW ENFORCEMENT(90). ¶B. PROJECT DESCRIPTION: THE PRIMARY GOAL OF THE TRAINING IS TO IMPROVE THE ENFORCEMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS BASED ON EXISTING LEGISLATION. THE TRAINING WILL HIGHLIGHT DEFICIENT AREAS OF COMPLIANCE IN TURKMENISTAN'S COPYRIGHT LAWS. The project builds on USG-funded efforts under the U.S.- Central Asia TIFA agreement. A State Customs Service representative from Turkmenistan attended the WIPO-UN/ECE- WCO sub-regional seminar on enforcement of intellectual property rights and a TIFA working group meeting held in Almaty, Kazakhstan in July 2005. The participant told Poloff that all law enforcement officers in Turkmenistan should have this type of training. Additionally, a representative from the Ministry of the Interior (MVD) attended a USPTO Global Intellectual Property Academy on Enforcement of Intellectual Property Rights from January 24-27, at USPTO Headquarters in Alexandria, Virginia, and confirmed that IPR training for Turkmenistani law enforcement officers is essential to ensure proper IPR enforcement. Poloff IPR meetings in 2005 with MVD and Ministry of Culture (MOC) officials, coupled with the SCS feedback, confirms significant lack of IPR awareness among GOTX law enforcement officials. Three distinct GOTX agencies have already expressed interest in basic IPR training. Turkmenistan has not adopted a discrete copyright law and consequently does not provide any protection to foreign sound recordings or pre-existing works. IPR enforcement is inadequate because the Customs Code does not provide ex officio authority to seize suspected infringing material at the border. There are no known civil ex parte search procedures. According to the Chief of the MVD Economic Crimes Department, "not a single IPR criminal case has been initiated in Turkmenistan during the last 15 years," despite the existence of corresponding legislation (Criminal Code article 153). The concepts of intellectual property and copyright are new for Turkmenistan and neither numerous distributors of pirated optical media nor the majority of police officers know that it is a crime. The proposed training would: --1) Raise awareness about IPR protection and violation among legislative and law enforcement agencies to better understand relevant international standards and allow more efficient legislation and law enforcement activities; -- 2) Develop skills for police, customs, prosecutors and other relevant law enforcement officials aimed at improving the agencies' capacities to protect IPR and preventing transshipments of pirated and counterfeit goods through a cooperative training program. Both objectives contribute to post's MPP goals to establish stronger rule of law through law enforcement capacity building and promoting economic development through creating better foreign investment opportunities. The project includes the following activities: -- 1) Police, customs, prosecutors, judicial officers and officials from relevant legislative and law enforcement agencies will attend a USPTO enforcement training course in the United States; -- 2) USG-funded conference defining international standards for the protection of IPR and evaluating the potential for local IPR protection organized in cooperation with the MVD, the SCS, the Prosecutor General, the Ministry of Justice, the Mejlis (Parliament),the MOC and other relevant agencies, focused on basic IPR concepts, IPR protection and enforcement, transshipment issues and tools on how to prevent the transshipment of pirated and counterfeit goods. ¶C. RESOURCES REQUESTED: TOTAL PROJECT EXPENSES WILL AMOUNT TO USD 90,000. AN IPR ENFORCEMENT COURSE AT USPTO FOR 10 GOTX PARTICIPANTS WILL COST USD 56,000, AND THE CONFERENCE IN TURKMENISTAN FOR 40 PARTICIPANTS WITH 3 GUEST SPEAKERS WILL COST USD 34,000. ¶D. RESOURCE JUSTIFICATION: A ONE-WEEK USPTO ENFORCEMENT TRAINING COURSE FOR TEN OFFICIALS FROM FIVE GOTX AGENCIES DEALING WITH IPR ISSUES. THE COURSE WILL INTRODUCE PARTICIPANTS TO BASIC IPR CONCEPTS, ENFORCEMENT NECESSITY AND PRACTICE. THE IPR BASIC CONCEPTS AND ENFORCEMENT CONFERENCE IN TURKMENISTAN FEATURING THREE INTERNATIONAL SPEAKERS, IDEALLY FROM USPTO, DOJ AND WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO),WILL COMPLEMENT THE USPTO TRAINING BY EDUCATING 40 GOTX LAW ENFORCEMENT, JUDICIARY AND LEGISLATIVE OFFICIALS ABOUT INTELLECTUAL PROPERTY AND ITS INVIOLABILITY, A CONCEPT STILL NOT FULLY UNDERSTOOD BY THE GOVERNMENT AND CONSUMERS IN TURKMENISTAN. RUSSIAN- LANGUAGE MATERIALS ON IPR WILL BE DISTRIBUTED DURING THE CONFERENCE AS FUTURE REFERENCE MATERIAL. TRAVEL EXPENSES WILL CONSUME MOST OF THE REQUESTED FUNDS, A NECESSARY AND WORTHWHILE INVESTMENT. THE PROJECT WILL ALSO IDENTIFY LEGISLATIVE AND LAW ENFORCEMENT NEEDS THAT WILL EXPAND THE CURRENT LONG-TERM GOTX/USG BILATERAL LAW ENFORCEMENT PROGRAMS. (E) PERFORMANCE MEASUREMENTS: PERMANENT REMOVAL FROM THE SPECIAL 301 WATCH LIST WILL BE AN INDICATOR OF A SUCCESSFUL AND SUSTAINABLE PROGRAM. THE FOLLOWING PROJECT OUTCOMES ARE ANTICIPATED AS STEPS TOWARD REMOVAL: -- FIRST-EVER PROSECUTORIAL EVIDENCE THAT IPR VIOLATORS ARE BEING APPREHENDED IN ACCORDANCE WITH CRIMINAL CODE ARTICLE 153 THAT PROVIDES SANCTIONS FOR COPYRIGHT AND NEIGHBORING RIGHTS VIOLATIONS. -- USG EXPERTS WORK WITH GOTX OFFICIALS TO DRAFT RELEVANT IPR PROTECTION LEGISLATION. SPECIFICALLY, DRAFTING A NEW COPYRIGHT LAW THAT PROVIDES STRONGER GUARANTEES FOR IPR PROTECTION RELATED TO OPTICAL MEDIA. ¶3. (U) Post welcomes the opportunity to discuss further the training proposals. Embassy point of contact is Pol/Econ Officer Carla Gonneville (GonnevilleCA@state.gov). JACOBSON