Identifier
Created
Classification
Origin
06ASHGABAT315
2006-03-23 10:00:00
UNCLASSIFIED
Embassy Ashgabat
Cable title:  

IP ENFORCEMENT TRAINING IN TURKMENISTAN FY 2006

Tags:  KIPR BTIO ETRD ECON SNAR TX 
pdf how-to read a cable
VZCZCXYZ0004
RR RUEHWEB

DE RUEHAH #0315/01 0821000
ZNR UUUUU ZZH
R 231000Z MAR 06
FM AMEMBASSY ASHGABAT
TO SECSTATE WASHDC 7122
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

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