CLOCK TICKING ON CAFTA IPR REFORMS IN NICARAGUA

UNCLAS MANAGUA 000256 SIPDIS SENSITIVE SIPDIS DEPARTMENT FOR WHA/CEN, WHA/EPSC, EB DEPARTMENT PASS TO COMMERCE, TREASURY, USTR, USAID E.O. 12958: N/A TAGS: ETRD NU SUBJECT: CLOCK TICKING ON CAFTA IPR REFORMS IN NICARAGUA REF: MANAGUA 0026 ¶1. (SBU) Summary: Minister of Trade Alejandro Arguello told Econoffs on February 1 that he expects a tough fight on the IPR portion of a legislative package that must be approved in the National Assembly before CAFTA-DR enters into force. Arguello indicated that the IPR reforms will likely motivate the Sandinista Party (FSLN) to orchestrate parliamentary delays and street protests. He reported close cooperation with CAFTA Committee Chair Carlos Noguera on strategies to line up a 47 vote majority in favor of the required legislative reforms. Noguera echoed that cooperation in a February 1 meeting with Econoffs, and suggested that the greatest impediment to March 1 entry into force was not FSLN opposition but a tight timeframe. He recommended that the GON put all its political and technical muscle into convincing pro-CAFTA legislators to accept and support the introduction of the CAFTA package as an emergency measure, bypassing committee debate. The Trade Ministry and the Embassy have coordinated closely with local artists and businesses to create and launch a home grown defense of Nicaraguan culture through a anti-piracy campaign scheduled to be launched the week of February 6. At the request of Minister Arguello, the Embassy will maintain a low profile on IPR issues throughout debate of the CAFTA reforms, so as not to encourage bad actors with worse intentions. End Summary. ¶2. (SBU) The GON is preparing for a potentially tough fight to push required IPR legislative reforms through the National Assembly prior to February 16, so that Nicaragua can enter CAFTA-DR into force on March 1, 2006. Minister of Development, Industry and Trade (MIFIC) Alejandro Arguello called Econoff on February 1 to request Embassy assistance in urging quick review and return of the IPR reforms. (Note: The Minister's request came a short time before USTR informed the GON that they had reviewed the text and had no further comment, and invited the Nicaraguan CAFTA negotiators to Washington on February 6 to review the full CAFTA implementation package, including regulations. The GON accepted the invitation.) The 26 page IPR text calls for specific changes in Nicaragua's penal code, establishing a jail sentence of 1 to 2 years for unauthorized use of intellectual property, and a 2 to 3 year sentence for illegal use and reproduction of patented software and computer programs. Industrial property rights are accorded the same protections. Code reforms also include provisions for the confiscation and destruction of machinery used for illegal reproductions. Currently, the penal code only permits the confiscation and destruction of pirated materials. (Comment: Nicaraguan police took custody of 13,000 CDs and DVDs during a January 2006 raid, and the three pirates reportedly protested violations of their human rights at an empty National Assembly within hours of the raid.) ¶3. (SBU) Arguello expressed concern about possible street protests and parliamentary delays against IPR reforms, all orchestrated by the Sandinista Party (FSLN). His concern about the political (and illegal commercial) sensitivities associated with IPR protections is such that he asked Post to cancel the involvement of USPTO and industry representatives in a MIFIC/INCAE CAFTA program scheduled for February 6 and ¶7. He asked for a low profile on IPR from the Embassy. In a separate conversation, Sandinista Party dissident Herty Lewites reinforced the struggle ahead, telling Ambassador Trivelli on February 1 that aside from his personal support for CAFTA-DR, he expects that the IPR reforms will be a tougher sell in the National Assembly than was CAFTA ratification itself. ¶4. (SBU) On a positive note, Arguello expressed satisfaction over a January 31 commitment from CAFTA Committee Chair Carlos Noguera to enlist the votes of 41 Liberal Constitutional Party (PLC) members. He added that he expects to repeat the GON strategy from September and October 2005, arriving at a 47 vote majority by adding to the PLC foundation votes from minority parties, including the Pro-Bolanos Azul y Blanco (Blue and White) bloc, the Camino Cristiano (Christian Way) bloc and the Pro-Montealegre National Liberal Alliance - Conservative Party (ALN-PC). ¶5. (SBU) A healthy degree of cooperation on IPR reforms between National Assembly CAFTA Committee Chair Carlos Noguera and MIFIC was evident during Noguera's February 1 meeting with Econoffs. Noguera opined that the greatest enemy to the reforms is time. The Assembly is fully occupied this week with organizing the structure of committees, and Assembly leadership will not meet to set the agenda for plenary debate until next week. He added that Assembly's normal procedure is to schedule committee hearings and plenary sessions on alternating weeks, with most business taking place Tuesday through Thursday. He did not hold out much hope for the passage of the legislative package prior to February 16 if the normal legislative route is taken, pointing to the complications of committee debate and the likely need to send penal code reforms on anti-corruption through the Justice Committee. Noguera reiterated his January 31 recommendation to Minister Arguello that President Bolanos enlist the political leadership of the Assembly to accept the CAFTA reform package as an emergency measure, which would allow the reforms to bypass committee review and go directly to the plenary. He suggested that such a legislative strategy would have to be prepped with a forceful political pitch backed by technical arguments to CAFTA allies within the PLC, Azul y Blanco, Camino Cristiano and ALN-PC. Noguera emphasized that Arguello himself and his best technical experts will need to be involved in the effort to expedite passage of the CAFTA reforms. ¶6. (SBU) Noguera discounted resistance from economic interests as a major impediment to the IPR legislation, claiming that it would be difficult for even the FSLN to publicly support pirated sales. He recommended that the GON include in the legislative strategy involvement of Nicaraguan artists whose interests have been harmed by pirates. (Note: During the discussion, Noguera was holding a draft copy of the IPR and anti-corruption changes that Arguello had shared with him on January 31. While he displayed a good general command of the issues, Noguera acknowledged that he had not yet read the text.) Econoffs reiterated the importance of passing the legislative package without modifications. ¶7. (SBU) Comment: Avoiding the antibodies that will attack should the IPR legislation be perceived as a purely US interest, Post will continue to work behind the scenes, pushing for expeditious legislative approval of the CAFTA reforms. Post is quietly facilitating an ongoing publicity campaign in support of intellectual property rights. Participants include Nicaraguan artists, video and music production companies, concert production companies and local cinemas. Through close collaboration with MIFIC and the Embassy, the ad hoc group decided to organize local Nicaraguan musicians to demonstrate the negative impact of piracy on Nicaraguan culture and arts. The Nicaraguan Copyright and Patent Society (NICAUTOR) accepted a leadership role in producing a compact disc of songs by the most popular Nicaraguan artists, interspersed with messages to oppose pirating and support the new IPR law. Pro-IPR artwork is featured on the label. The production has been funded, in part, by a $2,000 USAID grant. CDs will be distributed to National Assembly deputies, media and university students. The CDs will be complemented with a music video to be featured on cable TV and in local movie theaters. The campaign will be launched the week of February 6 with a press conference featuring famous Nicaraguan musicians. Given the sensitivities involved, Post is not advertising its role in the campaign. End Comment. TRIVELLI