Identifier
Created
Classification
Origin
07ASHGABAT219
2007-02-21 12:21:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Ashgabat
Cable title:
2007 SPECIAL 301 REVIEW: TURKMENISTAN
VZCZCXYZ0001 RR RUEHWEB DE RUEHAH #0219 0521221 ZNR UUUUU ZZH R 211221Z FEB 07 FM AMEMBASSY ASHGABAT TO SECSTATE WASHDC 8432
UNCLAS ASHGABAT 000219
SIPDIS
SENSITIVE
STATE FOR SCA/CEN (PERRY),EB/IPE (BOGER),INL (BUHLER)
DEPT PASS TO USTR JCHOE-GROVES
SIPDIS
E.O. 12958: N/A
TAGS: KIPR BTIO ETRD ECON SNAR TX
SUBJECT: 2007 SPECIAL 301 REVIEW: TURKMENISTAN
Ref: State 007944
UNCLAS ASHGABAT 000219
SIPDIS
SENSITIVE
STATE FOR SCA/CEN (PERRY),EB/IPE (BOGER),INL (BUHLER)
DEPT PASS TO USTR JCHOE-GROVES
SIPDIS
E.O. 12958: N/A
TAGS: KIPR BTIO ETRD ECON SNAR TX
SUBJECT: 2007 SPECIAL 301 REVIEW: TURKMENISTAN
Ref: State 007944
1. (U) The 2007 Special 301 review process was announced to the
Government of Turkmenistan via diplomatic note on January 24. Post
recommends keeping Turkmenistan on the 2007 Special 301 Watch List
and suggests including the following paragraph on Turkmenistan in
the 2007 Special 301 report:
2. (U) Turkmenistan has been on the Watch List since 2000, and it
will remain on the Watch List in 2007 due to its lack of progress on
IPR issues during the past year. Turkmenistan has numerous
remaining steps to take in order to fulfill its IPR obligations
under the 1993 U.S.-Turkmenistan Trade Agreement. Specifically,
Turkmenistan is neither a member of the Berne Convention nor the
Geneva Phonograms Convention, and it has not yet signed the WIPO
Internet Treaties. Although the Civil and Criminal Codes provide
some degree of IPR protection and punishment for copyright
violations and the Civil Code provides for counterfeited goods'
confiscation by a court decision, Turkmenistan has yet to adopt more
explicit and comprehensive administrative and civil procedures and
criminal penalties for IPR violations. Turkmenistan has not adopted
a separate Copyright Law and consequently does not provide any
protection to foreign sound recordings or pre-existing works. IPR
enforcement is inadequate because the Customs Code does not provide
ex officio authority to seize suspected infringing material at the
border. There are no known civil ex parte search procedures. The
United States urges Turkmenistan to join appropriate international
agreements and adopt the national legal reforms that will bring
Turkmenistan into compliance with its obligations under the
bilateral 1993 U.S.-Turkmenistan Agreement, and to undertake
enforcement activities that will help strengthen its IPR regime.
BRUSH
SIPDIS
SENSITIVE
STATE FOR SCA/CEN (PERRY),EB/IPE (BOGER),INL (BUHLER)
DEPT PASS TO USTR JCHOE-GROVES
SIPDIS
E.O. 12958: N/A
TAGS: KIPR BTIO ETRD ECON SNAR TX
SUBJECT: 2007 SPECIAL 301 REVIEW: TURKMENISTAN
Ref: State 007944
1. (U) The 2007 Special 301 review process was announced to the
Government of Turkmenistan via diplomatic note on January 24. Post
recommends keeping Turkmenistan on the 2007 Special 301 Watch List
and suggests including the following paragraph on Turkmenistan in
the 2007 Special 301 report:
2. (U) Turkmenistan has been on the Watch List since 2000, and it
will remain on the Watch List in 2007 due to its lack of progress on
IPR issues during the past year. Turkmenistan has numerous
remaining steps to take in order to fulfill its IPR obligations
under the 1993 U.S.-Turkmenistan Trade Agreement. Specifically,
Turkmenistan is neither a member of the Berne Convention nor the
Geneva Phonograms Convention, and it has not yet signed the WIPO
Internet Treaties. Although the Civil and Criminal Codes provide
some degree of IPR protection and punishment for copyright
violations and the Civil Code provides for counterfeited goods'
confiscation by a court decision, Turkmenistan has yet to adopt more
explicit and comprehensive administrative and civil procedures and
criminal penalties for IPR violations. Turkmenistan has not adopted
a separate Copyright Law and consequently does not provide any
protection to foreign sound recordings or pre-existing works. IPR
enforcement is inadequate because the Customs Code does not provide
ex officio authority to seize suspected infringing material at the
border. There are no known civil ex parte search procedures. The
United States urges Turkmenistan to join appropriate international
agreements and adopt the national legal reforms that will bring
Turkmenistan into compliance with its obligations under the
bilateral 1993 U.S.-Turkmenistan Agreement, and to undertake
enforcement activities that will help strengthen its IPR regime.
BRUSH