BULGARIAN GOVERNMENT FORMS NEW INTER-AGENCY IPR

UNCLAS SECTION 01 OF 02 SOFIA 000085

SIPDIS

DEPT FOR EB/IPE JURBAN; SWILSON
DEPT PLEASE PASS USTR LERRION
DOC FOR SSAVICH

E.O. 12958: N/A
TAGS: ECON ETRD KIPR ASEC BU
SUBJECT: BULGARIAN GOVERNMENT FORMS NEW INTER-AGENCY IPR
COUNCIL

Ref.: 05 State 183379


1. SUMMARY: Responding to the EU accession demands as well
as sustained Embassy pressure, the GOB has established an
inter-agency intellectual property body -- the Council of
Intellectual Property Protection (CIPP) -- with higher level
participation than the previous body. The Council is
chaired by the Minister of Culture, and includes 14 other
representatives of enforcement agencies, including four
deputy ministries. In their first meeting, Council members
discussed implementation of several of the EU's
recommendations and the formulation of an internal action
plan - based on both the USG's broad-based plan (reftel) and
the Embassy's detailed matrix (forwarded separately).
CIPP's immediate priority is reduction of street sales of
pirated discs in Sofia and other major cities by February 1,
in time for the EU peer review scheduled for February 6-7.
END SUMMARY.

APPOINTMENT OF THE INTER-AGENCY IPR COUNCIL
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2. The Council of Ministers established on January 12 the
CIPP as an inter-agency consultative body headed by the
Minister of Culture and tasked with improving government
coordination in the protection and enforcement of
intellectual property rights (IPR) in Bulgaria. Specific
activities of the CIPP include:
--efficient implementation of intellectual property
legislation;
--review and proposal of legislative amendments;
--cooperation with the IPR industry and non-government
organizations and the implementation of IPR-related
projects; and
--monitoring and analysis of IPR enforcement, including data
collection from enforcement agencies about the results of
inspections.


3. The Council, chaired by the Minister of Culture, but
presided over by his Deputy, brings together 14
representatives from ministries and government agencies
involved in IPR protection. CIPP's members include four
Deputy Ministers (Culture, Justice, Economy and Energy, and
Interior); representatives from the Customs Agency, National
Revenue Agency, National Service for Combating Organized
Crime, National Police Service, the Patent Office, Sofia
City Court, Supreme Court of Cassation; and the chairpersons
of the Electronic Media Council, the Competition Protection
Commission and the Communication Regulatory Commission.
Culture Minister Stefan Danailov plans to convene the CIPP
at least once a month as required by the Council of
Ministers' decision. Danailov and his staff have taken the
lead on forming the council and volunteering to run it.

EU PEER REVIEW SHAPES COUNCIL'S AGENDA
--------------

4. CIPP's first meeting - a day after the government
established it - was mainly organizational in nature. While
the Council is currently working on approval of an internal
action plan, the timetable and agenda have been primarily
shaped by the EU's upcoming peer review scheduled for
February 6-7, part of Bulgaria's EU accession process. The
Council's Secretary-General, Georgi Damaynov, told us that
its top priority is the elimination of street sales of
pirate ODM in Sofia and other major cities by February 1.
In addition, the Council has identified several other
immediate goals, including the regulation of cable
transmission and broadcasting by radio-TV operators under
the Copyright and Related Rights Act; the elimination of
illegal transfer of copyrighted content over the internet;
formulation of a plan to restrict the illegal use of
software for business and entertainment purposes; inspection
of all ODM plants licensed under the new legislation; and
implementation of IPR public awareness events. The
council's next meeting is scheduled for February 2. In the
meantime, Emboffs will meet with the Deputy Minister of
Culture, Ina Kileva, on January 23.

INDUSTRY REACTION
--------------


6. IP industry representatives are cautiously optimistic
about CIPP's role in reforming the government's overall
coordination of IPR efforts. They believe that the renewed
interest in the IPR council has been brought on by the EU
accession procedures, and is likely to lose steam once the
EU makes its final decision on Bulgaria's accession. Part
of CIPP's success will come from regular meetings and
including industry representatives in the Council's
activities, according to one local industry reps.
Regrettably, the old IPR council held only a few meetings,
and industry people were not allowed to attend its sessions.
Svetozar Sokolov of the local BSA office, however, is
pleased by the fact that CIPP is within the Ministry of
Culture. The Minister, a popular actor, and his staff pay
close attention to the IPR situation and to industry's
input.

COMMENT
--------------


7. The GOB's formation of the CIPP sends a positive message
about the new government's willingness to address IP piracy.
Post has been working to develop political will within the
Bulgarian government on IP protection, including raising the
issue of the need for a better-coordinated high-level IPR
council as part of the action plan. These efforts have
benefited greatly from the EU accession process. Pressure
from the EU monitoring review helped convince the Bulgarian
government to create a high-level IPR council. The real
test of the CIPP's effectiveness, however, will be its
ability to become an operational body that forcefully takes
on pirates and counterfeiters. End Comment.

LEVINE