LEBANON: SPECIAL 301 DESIGNATION NOTIFICATION

UNCLAS BEIRUT 000610

SIPDIS

SENSITIVE
SIPDIS

NSC FOR ABRAMS/SINGH/MARCHESE/HARDING

E.O. 12958: N/A
TAGS: ECON ETRD LE PGOV PREL
SUBJECT: LEBANON: SPECIAL 301 DESIGNATION NOTIFICATION
DELIVERED TO GOL

REF: SECSTATE 56616


1. (SBU) In accordance with reftel, emboff delivered
talking points regarding Lebanon's continued designation as a
Priority Watch List country to appropriate officials at the
Ministry of Foreign Affairs and the Ministry of Economy and
Trade. Lama Oueijan, Senior Advisor to Minister of Economy
and Trade Sami Haddad, conveyed appreciation for the advance
notification and stated that Minister Haddad would study our
positions and formally respond within 30 days. Ms. Oueijan
indicated that although the GOL had been anticipating this
announcement, the ministry was hopeful that the Office of the
U.S. Trade Representative would recognize the progress made
on several important IPR issues in spite of a difficult
political environment.


2. (SBU) Referring to notes, the senior advisor
specifically mentioned that since the last Special 301
Report, the government of PM Fouad Siniora was successful in
modifying its Copyright Law and was currently in the process
of adjusting its Patent Law, so that both statutes would be
in conformity with international IPR and WTO standards. Ms.
Oueijan explained that due to the opposition bloc's
successful effort to indefinitely suspend parliament, it was
necessary for the Siniora government to modify existing laws
through ministerial action, rather than use the preferable
method of drafting and passing entirely new laws in the
legislature. Despite this political challenge, the Ministry
of Economy and Trade was able to make sufficient changes to
the exisiting copyright statute under its ministerial
authority, and as a result, the law is now in compliance with
TRIPS. The ministry is also currently making regulatory
changes to the country's 2001 Patent Law that will bring it
into compliance with WTO IPR standards. In particular, the
ministry is seeking to provide further protections for U.S.
pharmaceutical manufacturers, who have recently emphasized
they are concerned with the confidentiality of test and
manufacturing data they have submitted to the GOL in
accordance with the approval process for marketing and
distribution. (Note: Ministry officials met with
representatives of U.S. pharmaceutical manufacturers on April
20 in Beirut to review and discuss proposed changes to the
subject statute and reportedly both sides agreed the proposed
changes would be satisfactory. End note.)


3. (U) The ministry representative noted that Minister
Haddad would be attending this week's meeting of the Working
Group for Lebanon's accession to the WTO in Geneva and would
be prepared to discuss his government's progress and future
strategy to attain full compliance with IPR conventions.


4. (U) Oussama Khachab, America's Desk Officer, Ministry of
Foreign Affairs, also accepted the talking points on April
30, and stated he would forward the U.S. positions to the
Director General for further action.


5. (SBU) In summary, officials of both ministries
acknowledged that the GOL is aware of its IPR deficiencies,
as well as the impact of these deficiencies on its
accelerating efforts to accede to the WTO. The
representative of the Ministry of Economy and Trade
specifically noted that the government is working to address
these areas as quickly as the complicated political situation
in Lebanon allows.
FELTMAN