GERMAN AND EPO RESPONSE TO WIPO DEMARCHE

UNCLAS SECTION 01 OF 02 BERLIN 001247 SIPDIS SENSITIVE SIPDIS FOR IO/T NAMDE E.O. 12958: N/A TAGS: ETRD KIPR WIPO SZ GM SUBJECT: GERMAN AND EPO RESPONSE TO WIPO DEMARCHE REF: STATE 80345 ENTIRE TEXT IS SENSITIVE BUT UNCLASSIFIED, NOT FOR INTERNET DISTRIBUTION ¶1. SUMMARY: Embassy Berlin discussed holding WIPO DG accountable for his actions as requested in reftel. Ministry of Foreign Affairs contacts voiced support for the USG view but also discussed the delicacy of Germany's position, due to its ongoing role as President of the European Council. Specifically, Germany will have difficulty in strongly advocating something that other large EU member states oppose. The Ministry also advised that support from major developing countries (e.g., India, Brazil, or China) would help solidify a European consensus in support of the U.S. position. Consulate General Munich delivered points to the President of the European Patent Office (EPO) which promised to take the matter under consideration. However the EPO stated its role as that of a technical organization and is hesitant to enter into such an issue fraught with political consequences that is opposed by some of its member states. END SUMMARY. GERMAN FOREIGN MINISTRY REACTION -------------- ¶2. On June 21, Econoff delivered points to the Foreign Ministry's Head of Section for Civil, Economic and Worker Rights Goetz Schmidt-Bremme and Maren Becker, who covers WIPO issues in the ministry. Schmidt-Bremme and Becker said they are aware of the controversy surrounding WIPO DG Idris. Schmidt-Bremme added that Germany in principle supports the USG calls for accountability in this case. However, as current President of the European Council, he cautioned that it would be difficult for Germany to go its own way on such an issue without the consensus of major European powers with historical ties to developing African countries, such as France and Portugal. In order to form a European consensus to support the U.S. proposal for accountability in this case, Schmidt-Bremme said it would be especially helpful to have the support of a major developing country, such as China, Brazil or India to bolster the USG position and defuse claims of racism. Schmidt-Bremme said he would convey our position to their mission in Geneva. EPO POSITION -------------- ¶3. ConGen Munich Pol/Econoff met with European Patent Office (EPO) President Dr. Alain Pompidou on June 18 and delivered the points in reftel. Pompidou expressed appreciation for the U.S. position but explained that EPO is a "technical organization, not a political one." He added that while the EPO participates to some degree as an observer in WIPO, it is not a voting member, and its membership does not precisely overlap with WIPO membership. However, he promised to take the U.S. position under consideration. Pompidou also asked if the U.S. anticipated particular region-specific reactions to our request that Idris be held accountable, noting that he believed Idris to be a Muslim, which might make it difficult to marshal the support of the Islamic world. ¶4. Without commenting directly on the charges against Idris, Head of the EPO President's Office C. ¶J. McGinley said the EPO shared the U.S. view that for an effective international intellectual property protection system, there must be transparency and good governance in the organizations that uphold that system. He added that a well-functioning WIPO is very important to the EPO, as there is strong interdependence between organizations on intellectual property issues. McGinley continued that the U.S. had recently argued for due process in a similar situation (an apparent reference to Wolfowitz and the World Bank),and noted Idris should be accorded the same consideration. Pol/Econoff responded that while the U.S. believed Idris' personal credibility -- and by extension WIPO's credibility -- had suffered to such a degree BERLIN 00001247 002 OF 002 that we believed Idris should resign for the good of the organization, the U.S. was not arguing against due process and was open to discussion of the best course of action regarding Idris' future. ¶5. COMMENT: While the professional staff of the EPO would likely want to see greater transparency and accountability in WIPO to further international intellectual property protection, the EPO is, at the end of the day, beholden to the views of the nations that make up its membership. ¶6. This demarche was coordinated with CG Munich. KOENIG