Identifier
Created
Classification
Origin
06TOKYO3567
2006-06-28 06:23:00
UNCLASSIFIED
Embassy Tokyo
Cable title:
Japan Backs Anti-Counterfeiting Trade Agreement Proposal
how-toVZCZCXRO2649 PP RUEHCHI RUEHFK RUEHHM RUEHKSO RUEHPB DE RUEHKO #3567/01 1790623 ZNR UUUUU ZZH P 280623Z JUN 06 FM AMEMBASSY TOKYO TO RUEHC/SECSTATE WASHDC PRIORITY 3745 INFO RUCPDOC/DEPT OF COMMERCE WASHINGTON DC PRIORITY RUEHZU/ASIAN PACIFIC ECONOMIC COOPERATION PRIORITY RUCNMEU/EU MEMBER STATES COLLECTIVE PRIORITY RUEHKSO/AMCONSUL SAPPORO PRIORITY 8101 RUEHNAG/AMCONSUL NAGOYA PRIORITY 6854 RUEHOK/AMCONSUL OSAKA KOBE PRIORITY 0226 RUEHFK/AMCONSUL FUKUOKA PRIORITY 6950 RUEHNH/AMCONSUL NAHA PRIORITY 9560 RUEHGV/USMISSION GENEVA 2884
UNCLAS SECTION 01 OF 02 TOKYO 003567
SIPDIS
SIPDIS
STATE FOR EAP/J, EAP/EP, EB/TPP/IPE.
STATE EAP/J PLEASE PASS TO IPR OFFICE, JAPAN OFFICE
COMMERCE For National Coordinator For IPR Enforcement CIsrael
E.O. 12958: N/A
TAGS: KIPR ETRD ECON JP
SUBJECT: Japan Backs Anti-Counterfeiting Trade Agreement Proposal
TOKYO 00003567 001.2 OF 002
UNCLAS SECTION 01 OF 02 TOKYO 003567
SIPDIS
SIPDIS
STATE FOR EAP/J, EAP/EP, EB/TPP/IPE.
STATE EAP/J PLEASE PASS TO IPR OFFICE, JAPAN OFFICE
COMMERCE For National Coordinator For IPR Enforcement CIsrael
E.O. 12958: N/A
TAGS: KIPR ETRD ECON JP
SUBJECT: Japan Backs Anti-Counterfeiting Trade Agreement Proposal
TOKYO 00003567 001.2 OF 002
1. Summary:
(SBU) Japanese Trade and Foreign Ministry officials expressed
unanimous support for USTR's proposal to revise the objectives of
Japan's efforts to promote a global framework on preventing
proliferation of counterfeit and pirated goods by seeking a
high-standards Anti-Counterfeiting Trade Agreement among a select
group of like-minded countries. The Japanese side would like to
learn more about what exactly the United States wants to include in
the agreement and which standards the U.S. considers essential.
End Summary
--------------
Background
--------------
2. (SBU) USTR's Chief Negotiator for IPR Enforcement, Stanford
McCoy met with officials of the Ministry of Foreign Affairs (MOFA)
and METI (Ministry of Economy, Trade and Industry) and the
Intellectual Property Strategy Headquarters (IPSH) in Tokyo on June
13 and June 14. In each meeting McCoy explained USTR's concept of
a plurilateral, TRIPS-plus Anti-Counterfeiting Trade Agreement
(ACTA) which would aim to set a "gold standard" for IPR enforcement
among a small number of like-minded countries, and which other
countries might aspire to join. McCoy stressed that this should be
a freestanding agreement, not related to any international grouping
such as the G-8 or OECD, which might make it more difficult to
construct a high-standards agreement. McCoy pointed out that the
United States has garnered a lot of experience negotiating
high-standards IPR agreements (aside from the enforcement elements)
as part of the Free Trade Agreements it has negotiated in recent
years. Potential partners in the agreement could include Australia,
Singapore, Korea, New Zealand, Switzerland, Morocco, Jordan, EU
countries, Mexico and Canada. McCoy's discussions with the same
officials on a possible WTO case against China on IPR will be
reported separately.
--------------
GOJ welcomes Anti-Counterfeiting Agreement
--------------
3. (SBU) Japanese officials were unanimously enthusiastic in their
support for USTR's proposed Anti-Counterfeiting agreement. They
were surprised, but happy that the United States had responded with
a strong counter-proposal. (Japanese officials admitted in the
meetings that, up to now, only France had responded with enthusiasm
to their earlier anti-counterfeiting treaty idea.) They promised to
study the proposal further and send questions via the Japanese
Embassy in Washington. Tadaatsu Mohri, Principal Deputy Director of
MOFA's International Trade Division, said the GOJ had wanted to
continue to raise the issue within the G-8 where Prime Minister
Koizumi had proposed it, but was willing to listen to U.S. arguments
about why it should be a freestanding agreement. Japanese officials
had hoped to use the expertise of the OECD staff to help them in
drafting and negotiating an anti-counterfeiting treaty, but seemed
reassured when McCoy assured them that USTR probably had sufficient
expertise in the area that it was not necessary to enlist the OECD
or another international organization.
4. (SBU) MOFA, METI, and IPSH officials all wanted to know more
about what standards and core concepts the USG considered essential
to the proposed agreement. IPSH Secretary General Arai asked for
USTR to provide a draft agreement or at least a copy of the IPR
section of recently negotiated FTAs. McCoy agreed that the United
States and Japan should discuss this further and reach a mutual
understanding on the key elements, based upon which they could
approach other governments. McCoy reminded GOJ officials that Japan
would need to continue its leadership role with respect to this
agreement, with the United States as its partner, and that Japanese
officials would need to do much diplomatic legwork.
5. (SBU) Several Japanese officials wondered about a timetable for
negotiating the agreement. IPSH Secretary-General Arai proposed
that the United States and Japan should set a goal of negotiating an
agreement within one year, and coming into effect one year later.
Arai cautioned that it would be a shame if the like-minded countries
were to become bogged down arguing amongst themselves about what
should be included -- that would only provide amusement for the
counterfeiters without improving the situation. For that reason, he
advised that the USG should concentrate on a set of TRIP-plus
standards on which there is already some consensus. Arai also
TOKYO 00003567 002.2 OF 002
hoped the U.S. and EU would not become embroiled in side issues,
such as geographical indications.
--------------
Comment
--------------
6. (SBU) Japanese officials seemed genuinely delighted and surprised
to have received USTR's well-thought out counter-proposal, but
seemed uncertain about how to move ahead. Apparently GOJ officials
had hoped to rely on the expertise of the OECD to help them draft a
treaty and had to be reminded several times that the United States
expected Japan to take the lead jointly with the United States in
sharing the proposal with other countries.
7. (U) This cable has been cleared by USTR Chief Negotiator for IPR
Enforcement Stanford McCoy.
DONOVAN
SIPDIS
SIPDIS
STATE FOR EAP/J, EAP/EP, EB/TPP/IPE.
STATE EAP/J PLEASE PASS TO IPR OFFICE, JAPAN OFFICE
COMMERCE For National Coordinator For IPR Enforcement CIsrael
E.O. 12958: N/A
TAGS: KIPR ETRD ECON JP
SUBJECT: Japan Backs Anti-Counterfeiting Trade Agreement Proposal
TOKYO 00003567 001.2 OF 002
1. Summary:
(SBU) Japanese Trade and Foreign Ministry officials expressed
unanimous support for USTR's proposal to revise the objectives of
Japan's efforts to promote a global framework on preventing
proliferation of counterfeit and pirated goods by seeking a
high-standards Anti-Counterfeiting Trade Agreement among a select
group of like-minded countries. The Japanese side would like to
learn more about what exactly the United States wants to include in
the agreement and which standards the U.S. considers essential.
End Summary
--------------
Background
--------------
2. (SBU) USTR's Chief Negotiator for IPR Enforcement, Stanford
McCoy met with officials of the Ministry of Foreign Affairs (MOFA)
and METI (Ministry of Economy, Trade and Industry) and the
Intellectual Property Strategy Headquarters (IPSH) in Tokyo on June
13 and June 14. In each meeting McCoy explained USTR's concept of
a plurilateral, TRIPS-plus Anti-Counterfeiting Trade Agreement
(ACTA) which would aim to set a "gold standard" for IPR enforcement
among a small number of like-minded countries, and which other
countries might aspire to join. McCoy stressed that this should be
a freestanding agreement, not related to any international grouping
such as the G-8 or OECD, which might make it more difficult to
construct a high-standards agreement. McCoy pointed out that the
United States has garnered a lot of experience negotiating
high-standards IPR agreements (aside from the enforcement elements)
as part of the Free Trade Agreements it has negotiated in recent
years. Potential partners in the agreement could include Australia,
Singapore, Korea, New Zealand, Switzerland, Morocco, Jordan, EU
countries, Mexico and Canada. McCoy's discussions with the same
officials on a possible WTO case against China on IPR will be
reported separately.
--------------
GOJ welcomes Anti-Counterfeiting Agreement
--------------
3. (SBU) Japanese officials were unanimously enthusiastic in their
support for USTR's proposed Anti-Counterfeiting agreement. They
were surprised, but happy that the United States had responded with
a strong counter-proposal. (Japanese officials admitted in the
meetings that, up to now, only France had responded with enthusiasm
to their earlier anti-counterfeiting treaty idea.) They promised to
study the proposal further and send questions via the Japanese
Embassy in Washington. Tadaatsu Mohri, Principal Deputy Director of
MOFA's International Trade Division, said the GOJ had wanted to
continue to raise the issue within the G-8 where Prime Minister
Koizumi had proposed it, but was willing to listen to U.S. arguments
about why it should be a freestanding agreement. Japanese officials
had hoped to use the expertise of the OECD staff to help them in
drafting and negotiating an anti-counterfeiting treaty, but seemed
reassured when McCoy assured them that USTR probably had sufficient
expertise in the area that it was not necessary to enlist the OECD
or another international organization.
4. (SBU) MOFA, METI, and IPSH officials all wanted to know more
about what standards and core concepts the USG considered essential
to the proposed agreement. IPSH Secretary General Arai asked for
USTR to provide a draft agreement or at least a copy of the IPR
section of recently negotiated FTAs. McCoy agreed that the United
States and Japan should discuss this further and reach a mutual
understanding on the key elements, based upon which they could
approach other governments. McCoy reminded GOJ officials that Japan
would need to continue its leadership role with respect to this
agreement, with the United States as its partner, and that Japanese
officials would need to do much diplomatic legwork.
5. (SBU) Several Japanese officials wondered about a timetable for
negotiating the agreement. IPSH Secretary-General Arai proposed
that the United States and Japan should set a goal of negotiating an
agreement within one year, and coming into effect one year later.
Arai cautioned that it would be a shame if the like-minded countries
were to become bogged down arguing amongst themselves about what
should be included -- that would only provide amusement for the
counterfeiters without improving the situation. For that reason, he
advised that the USG should concentrate on a set of TRIP-plus
standards on which there is already some consensus. Arai also
TOKYO 00003567 002.2 OF 002
hoped the U.S. and EU would not become embroiled in side issues,
such as geographical indications.
--------------
Comment
--------------
6. (SBU) Japanese officials seemed genuinely delighted and surprised
to have received USTR's well-thought out counter-proposal, but
seemed uncertain about how to move ahead. Apparently GOJ officials
had hoped to rely on the expertise of the OECD to help them draft a
treaty and had to be reminded several times that the United States
expected Japan to take the lead jointly with the United States in
sharing the proposal with other countries.
7. (U) This cable has been cleared by USTR Chief Negotiator for IPR
Enforcement Stanford McCoy.
DONOVAN