Identifier
Created
Classification
Origin
06MOSCOW12394
2006-11-09 14:24:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Moscow
Cable title:
RUSSIA IPR: PART IV OF CIVIL CODE ADVANCES
how-toVZCZCXYZ0001 OO RUEHWEB DE RUEHMO #2394 3131424 ZNR UUUUU ZZH O 091424Z NOV 06 FM AMEMBASSY MOSCOW TO RUEHC/SECSTATE WASHDC IMMEDIATE 5090 INFO RUEHXQ/ALL EUROPEAN UNION POST COLLECTIVE PRIORITY RUEHOT/AMEMBASSY OTTAWA PRIORITY 2027 RUEHSW/AMEMBASSY BERN PRIORITY 0866 RHEHNSC/NSC WASHDC PRIORITY RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY RUEHBS/USEU BRUSSELS PRIORITY
UNCLAS MOSCOW 012394
SIPDIS
SENSITIVE
SIPDIS
STATE FOR EUR/RUS AND EB/TPP
STATE PASS USTR FOR DWOSKIN, DONNELLY, ERRION
NSC FOR TGRAHAM, TMCKIBBEN
USDOC FOR 4231/IEP/EUR/JBROUGHER AND MEDWARDS
E.O. 12958: N/A
TAGS: KIPR ETRD WTO RS
SUBJECT: RUSSIA IPR: PART IV OF CIVIL CODE ADVANCES
REF: MOSCOW 012158
UNCLAS MOSCOW 012394
SIPDIS
SENSITIVE
SIPDIS
STATE FOR EUR/RUS AND EB/TPP
STATE PASS USTR FOR DWOSKIN, DONNELLY, ERRION
NSC FOR TGRAHAM, TMCKIBBEN
USDOC FOR 4231/IEP/EUR/JBROUGHER AND MEDWARDS
E.O. 12958: N/A
TAGS: KIPR ETRD WTO RS
SUBJECT: RUSSIA IPR: PART IV OF CIVIL CODE ADVANCES
REF: MOSCOW 012158
1. (U) This message is sensitive but unclassified and is
not intended for Internet distribution.
2. (SBU) Summary: The State Duma passed Part IV of the Civil
Code in its second reading on November 8. The third and
final reading of the law is likely to take place within the
next ten days. At the urging of the Ministry of Economic
Development and Trade (MEDT),the Duma on November 7 accepted
additional language addressing USG concerns. In a departure
from usual practice, the Duma is likely to consider further
substantive changes prior to the third reading in order to
bring the draft law into closer compliance with WTO TRIPS and
WIPO treaties. End Summary.
3. (SBU) As reported reftel, the Part IV text that passed
the second reading yesterday contains approximately 300
amendments, including some 20 USG-proposed changes. In
addition, MEDT, at Minister Gref's direction, has actively
intervened in the last week to address USG concerns,
convincing the Duma to delay the second reading for five days
from November 3 to allow additional input from the USG and
the European Union.
4. (SBU) On November 7, Post passed additional USTR
comments to MEDT, some of which MEDT and Duma deputy Aleksei
Likhachev used to propose last minute amendments. Post also
participated in a November 7 Duma meeting to discuss these
new amendments, during which the Part IV drafters appeared to
accept language: 1) clarifying the scope of rights subject to
collective administration; and 2) providing the ability for a
holder of a piror trademark to contest the registration of a
confusingly similar designation of origin.
5. (U) The third and final reading of the draft legislation
will likely take place in ten days. While only technical,
rather than substantive, changes are usually made between the
second and third readings, MEDT has indicated that in this
case the Duma might consider additional substantive changes
in order to bring the text into closer compliance with WTO
and international IP norms.
6. (SBU) In this regard, the drafters have left open the
possibility of further addressing the following USG
suggestions: 1) adding the six criteria from WIPO's Joint
Recommendation regarding generally-known trademarks; 2)
limiting exceptions to rightholders' ability to demand
compensation for IP infringements; and 3) bringing language
on seizure of equipment used in IP infringement in line with
TRIPS provisions. Another Duma meeting to discuss possible
edits will likely take place on November 15 or 16.
7. (SBU) Post is seeking the latest version of Part IV to
confirm that the draft law contains some of the changes
sought by the USG, and will transmit the latest draft to
Washington. We will continue to press the GOR and the Duma
to address remaining USG concerns.
BURNS
SIPDIS
SENSITIVE
SIPDIS
STATE FOR EUR/RUS AND EB/TPP
STATE PASS USTR FOR DWOSKIN, DONNELLY, ERRION
NSC FOR TGRAHAM, TMCKIBBEN
USDOC FOR 4231/IEP/EUR/JBROUGHER AND MEDWARDS
E.O. 12958: N/A
TAGS: KIPR ETRD WTO RS
SUBJECT: RUSSIA IPR: PART IV OF CIVIL CODE ADVANCES
REF: MOSCOW 012158
1. (U) This message is sensitive but unclassified and is
not intended for Internet distribution.
2. (SBU) Summary: The State Duma passed Part IV of the Civil
Code in its second reading on November 8. The third and
final reading of the law is likely to take place within the
next ten days. At the urging of the Ministry of Economic
Development and Trade (MEDT),the Duma on November 7 accepted
additional language addressing USG concerns. In a departure
from usual practice, the Duma is likely to consider further
substantive changes prior to the third reading in order to
bring the draft law into closer compliance with WTO TRIPS and
WIPO treaties. End Summary.
3. (SBU) As reported reftel, the Part IV text that passed
the second reading yesterday contains approximately 300
amendments, including some 20 USG-proposed changes. In
addition, MEDT, at Minister Gref's direction, has actively
intervened in the last week to address USG concerns,
convincing the Duma to delay the second reading for five days
from November 3 to allow additional input from the USG and
the European Union.
4. (SBU) On November 7, Post passed additional USTR
comments to MEDT, some of which MEDT and Duma deputy Aleksei
Likhachev used to propose last minute amendments. Post also
participated in a November 7 Duma meeting to discuss these
new amendments, during which the Part IV drafters appeared to
accept language: 1) clarifying the scope of rights subject to
collective administration; and 2) providing the ability for a
holder of a piror trademark to contest the registration of a
confusingly similar designation of origin.
5. (U) The third and final reading of the draft legislation
will likely take place in ten days. While only technical,
rather than substantive, changes are usually made between the
second and third readings, MEDT has indicated that in this
case the Duma might consider additional substantive changes
in order to bring the text into closer compliance with WTO
and international IP norms.
6. (SBU) In this regard, the drafters have left open the
possibility of further addressing the following USG
suggestions: 1) adding the six criteria from WIPO's Joint
Recommendation regarding generally-known trademarks; 2)
limiting exceptions to rightholders' ability to demand
compensation for IP infringements; and 3) bringing language
on seizure of equipment used in IP infringement in line with
TRIPS provisions. Another Duma meeting to discuss possible
edits will likely take place on November 15 or 16.
7. (SBU) Post is seeking the latest version of Part IV to
confirm that the draft law contains some of the changes
sought by the USG, and will transmit the latest draft to
Washington. We will continue to press the GOR and the Duma
to address remaining USG concerns.
BURNS