UNCLAS ROME 003205

SIPDIS

SENSITIVE
SIPDIS

STATE PASS TO USTR STAN MCCOY AND RACHEL BAE

E.O. 12958: N/A
TAGS: ETRD EINV KIPR PGOV IT
SUBJECT: ANTI-COUNTERFEITING TRADE AGREEMENT (ACTA): ITALY
INTERESTED

REF: STATE 182554

This cable is SBU please protect accordingly, not for
Internet distribution.

SUMMARY
--------------


1. (SBU) The GOI is interested in further discussing a
possible ACTA, but underscores that Italy is committed to
working within existing multilateral organizations and
arrangements (i.e., the WTO and EU), and would have to
evaluate very carefully adhering to any agreement outside
these arrangements. Italy is interested in attending a
preliminary ACTA meeting in Washington. END SUMMARY.


2. (U) ECMIN raised ACTA with MFA Deputy Director for
Economic Affairs Minister Spinetti November 17, and with
Undersecretary Gianni at the Economic Development Ministry,
November 21. ECMIN portrayed ACTA as a tool like-minded
countries could use to advance the Intellectual Property
Rights (IPR) agenda dynamically and with fewer political
difficulties than high-standards countries would encounter
at the World Intellectual Property Organization (WIPO), the
Organization for Economic Cooperation and Development
(OECD), the European Union (EU), or even the G-8.


3. (SBU) Both Spinetti and Gianni agreed with ECMIN in
principle, expressed interest in the ACTA proposal, and
indicated Italy agrees with ACTAQs proposed goals. Spinetti
and Gianni also both indicated Italy should be part of the
ACTA work-in-progress (at least as an Qinterested
observerQ), and Spinetti suggested Italy might attend a
launching session in Washington. However, Spinetti and
Gianni highlighted ItalyQs commitment to multilateral
organizations, such as WIPO, the EU, and the G-8, and
emphasized that the GOI must evaluate taking steps outside
these institutions very carefully.


4. (SBU) Spinetti also told ECMIN that he had heard of a
WIPO concern about ACTA Q that this agreement could
potentially reduce WIPOQs leadership role in international
IPR protection matters.


5. (SBU) ECONCOUNS then met with Fabrizio Pagani, Chief of
Staff to Undersecretary to the Prime Minister, Enrico
Letta, November 22. Pagani has the working-level lead on
G-8 IPR issues for Italy, and is the POC for GOI on ACTA.
Pagani told ECONCOUNS that he had already discussed ACTA
with Assistant Secretary Christopher Moore during the
recent G-8 working-level IPR meeting in Moscow. He
underscored that the current GOI is very committed to
working within existing multilateral organizations, and
added that it would be Qeasier,Q if the Commission were
also at any negotiating table. Pagani stated, nonetheless,
that Italy is very interested in the proposal and could
attend a preliminary session in Washington. That said,
Pagani outlined a series of GOI concerns:

- EU Commission Role in the Negotiations. Pagani does not
believe the Commission has exclusive competence on IPR, but
he does believe having the Commission at the table would
make it QeasierQ for EU members in any eventual
negotiation.

- A Role for Countries with Weak IPR Enforcement. While he
understood the rationale for not including countries with
weak IPR regimens (e.g., China and Russia), Pagani
indicated that Italy would want to discuss further the
exclusion of such countries.

- Germany G-8 IPR Focus. Pagani also expressed concern
over possible political sensitivities in pursuing ACTA,
while Germany simultaneously makes IPR protection a top
priority of their G-8 Chairmanship.


6. (SBU) However, when ECONCOUNS asked him directly if, all
the above considered, Italy could actually participate in

ACTA negotiations, Pagani replied Italy would, if it were
in ItalyQs own interest to do so.

SPOGLI