EN2008FEB(UKRAINE): NOMINATION FOR FEBRUARY USPTO-GIPA

UNCLAS KYIV 003065

SIPDIS

SIPDIS

COMMERCE FOR 4231/ITA/OEENIS/NISD/CLUCYCK
COMMERCE PLEASE PASS TO USPTO FOR BMCCAFFREY
STATE FOR EUR/UMB AND EB/TPP/IPE

E.O. 12958: N/A
TAGS: ETRD KIPR ECON UP
SUBJECT: EN2008FEB(UKRAINE): NOMINATION FOR FEBRUARY USPTO-GIPA
TRAINING ON IPR ENFORCEMENT

REF: STATE 161326


1. In response to ref A, Post nominates the following Ukrainian
officials, in priority order, to participate in USPTO's Global
Intellectual Property Academy (GIPA) training on IPR enforcement at
USPTO headquarters in Alexandria, Virginia, February 11-14, 2008:

-- Ms. Tatyana Sapalyova, Judge, Vinnitsa District Administrative
Court

-- Mr. Vitaliy Shchavinsky, Judge, Zhytomir District Administrative
Court

-- Ms. Tetyana Demchenko, Member, Scientific Advisory Board of the
High Commercial Court of Ukraine (Section of Procedural and
Intellectual Property Law)

-- Mrs. Inna Shatova, Head of the IPR Enforcement Division, State
Department of Intellectual Property (SDIP)


2. Post requests funding for travel (including airfare),per diem,
and lodging expenses for as many of the nominees as possible.
Protecting intellectual property rights in Ukraine remains a
priority U.S. goal. Between 2002 and 2005, Ukraine was the only
country given Priority Foreign Country status in USTR's Special 301
report on the adequacy and effectiveness of intellectual property
rights protection around the world. The GOU has made significant
efforts to improve its protection of IPR in recent years, however,
and the USG lowered Ukraine's designation under Special 301 from
Priority Foreign Country to Priority Watch List in early 2006. Yet
the government of Ukraine, one of the poorest countries of Europe,
continues to be limited by budgetary considerations in its ability
to address IPR infringement. The nominees will likely benefit
substantially from the GIPA training. Post greatly appreciates
Washington's consideration of this request for financial
assistance.


3. Post has listed the nominees in para 1 in priority order, i.e.
with those we expect to benefit most from the training, and to have
the greatest impact in improving IPR enforcement in Ukraine, listed
at the top. Numerous industry reps and even some GOU officials have
described the courts, especially at the regional level, as the
weakest link in IPR enforcement in Ukraine. Tatyana Sapalyova is a
newly-appointed judge in the Vinnitsa District Administrative Court,
in western Ukraine, and could benefit greatly from exposure to IPR
enforcement issues. Vitaliy Shchavinsky is also a young judge who
likewise could benefit from the GIPA program. He serves in the
Zhytomir District Administrative Court, in western Ukraine. Tetyana
Demchenko, who has passed her judicial exams and is expected to be
appointed as a judge in the Kyiv City Commercial Court, already has
significant expertise on IPR issues but would likely benefit from
learning more about U.S. practice. Inna Shatova, although a strong
candidate due to her important position at SDIP, Ukraine's lead
agency for IPR, has already participated in several Department of
Commerce-financed IPR seminars, one of which was held in Washington
- the others in Ukraine. While she has not participated in the GIPA
program, Post nominates her only as an alternate in case the number
of worldwide candidates is low.


4. Post will send an email notification of this nomination, along
with the candidates' translated CVs, to USPTO liaison Barbara
McCaffrey. Post's POC for this program is Christian Yarnell,
Economic Officer - Email: yarnellc@state.gov; Phone:
011-380-44-490-4276; Fax: 011-380-44-490-4277.

TAYLOR