Identifier
Created
Classification
Origin
08MINSK147
2008-02-28 12:11:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Minsk
Cable title:
SUPPLEMENT TO BELARUS SPECIAL 301 REVIEW SUBMISSION -
how-toVZCZCXYZ0001 OO RUEHWEB DE RUEHSK #0147 0591211 ZNR UUUUU ZZH O 281211Z FEB 08 FM AMEMBASSY MINSK TO RUEHC/SECSTATE WASHDC IMMEDIATE 6962 RUCPDOC/USDOC WASHDC
UNCLAS MINSK 000147
SIPDIS
DEPT FOR EEB/IPE BOGER
DEPT PLEASE PASS TO USTR FOR CHOE GROVES
COMMERCE FOR ITA/MAC/OIPR PETERS
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: KIPR ETRD ECON BO
SUBJECT: SUPPLEMENT TO BELARUS SPECIAL 301 REVIEW SUBMISSION -
GOVERNMENT INPUT
REF: Minsk 126
Summary
-------
UNCLAS MINSK 000147
SIPDIS
DEPT FOR EEB/IPE BOGER
DEPT PLEASE PASS TO USTR FOR CHOE GROVES
COMMERCE FOR ITA/MAC/OIPR PETERS
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: KIPR ETRD ECON BO
SUBJECT: SUPPLEMENT TO BELARUS SPECIAL 301 REVIEW SUBMISSION -
GOVERNMENT INPUT
REF: Minsk 126
Summary
--------------
1. (SBU) This cable provides supplementary information to reftel
based upon a February 25 meeting at Belarus' National Center for
Intellectual Property (NCIP),the competent authority in the GOB on
IPR issues. NCIP leadership argued that bringing the collective
rights holders association under the authority of the NCIP increased
royalty payments to authors by reducing copyright infringement.
NCIP's General Director said government purchasing was under
control. NCIP will begin coordinating the drafting of a new law on
copyright to go into effect next year and requested U.S. assistance.
NCIP held up Belarus' court system for IPR matters as a model. On
production issues, the Vigmaplast facility has a new agreement to
produce licensed CDs. End summary.
Collective Rights Management in Good (Government) Hands
-------------- --------------
2. (SBU) Aleksey Bichurin, Head of NCIP's Center for Collective
Management of Copyright and Related Rights (CCM),the successor to
the independent Belarusian Authors' Association (BAA),told Acting
Pol/Econ Chief that the switch in status from an independent
organization to a subsidiary of NCIP provided two distinct
advantages. First, CCM obtained the right to independently fine
businesses ignoring requests to pay royalties. [Note: Belarusian
law normally forbids non-government organizations from exercising
enforcement functions, although an exception was made in the case of
the pro-government trade union. End note.] As a result, users
understood the necessity of complying with requests to pay
royalties. CCM increased the collection of royalties by about 25%
over BAA's revenues, according to Bichurin. Second, as a
governmental organization, CCM paid no rent, thereby reducing
overhead. [Note: In limited cases the GOB may grant independent
organizations greatly reduced rent. End note.]
Government Procurement: No Specific Plans
--------------
3. (SBU) When asked about government procurement, NCIP General
Director Leonid Iosifovich Voronetskiy said he would raise the
question of new measures to ensure GOB offices used only licensed
products. However, he notes other laws forbidding the use of
unlicensed products apply to the government and everything was under
control.
New Copyright Law Possible in 2009
--------------
4. (SBU) Voronetskiy said NCIP would begin drafting a new law on
copyright this year, with enactment possible as early as 2009.
While Belarus' current law on copyright meets all recognized
international standards, according to Voronetskiy, the new law would
address areas in which international law had not reached a
consensus, such as protection of databases and libraries' use of
intellectual property. Voronetskiy requested the opportunity to
consult with U.S. specialists in drafting the new law.
Court System Treatment of IPR Held Up as Model
-------------- -
5. (SBU) Natalya Aleksandrovna Barkun, NCIP Deputy Director and
Chair of the Appeals Council, which serves as a specialized court
for IPR matters, said Russia was considering drawing upon Belarus'
experience in judging IPR cases. The Appeals Council drew its
members from those with experience in hearing technical cases. The
Council has decided over 500 cases, thereby establishing precedents
and increasing the knowledge of judges.
Vigmaplast Production Facility under New Ownership
-------------- --------------
6. (SBU) Bichurin admitted Vigmaplast had a checkered past. He
said the plant was under new ownership as of January. The factory
concluded agreements with CCM to produce licensed CDs and also
signed contracts with other organizations, according to Bichurin.
He also noted the plant was subject to special inspections by tax
services. Furthermore, he pointed out all CDs produced had to bear
holographic stickers with unique identification numbers.
Voronetskiy said the efficacy of the stickers had not been verified,
but an interagency meeting scheduled for early March would discuss
the matter.
Stewart
SIPDIS
DEPT FOR EEB/IPE BOGER
DEPT PLEASE PASS TO USTR FOR CHOE GROVES
COMMERCE FOR ITA/MAC/OIPR PETERS
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: KIPR ETRD ECON BO
SUBJECT: SUPPLEMENT TO BELARUS SPECIAL 301 REVIEW SUBMISSION -
GOVERNMENT INPUT
REF: Minsk 126
Summary
--------------
1. (SBU) This cable provides supplementary information to reftel
based upon a February 25 meeting at Belarus' National Center for
Intellectual Property (NCIP),the competent authority in the GOB on
IPR issues. NCIP leadership argued that bringing the collective
rights holders association under the authority of the NCIP increased
royalty payments to authors by reducing copyright infringement.
NCIP's General Director said government purchasing was under
control. NCIP will begin coordinating the drafting of a new law on
copyright to go into effect next year and requested U.S. assistance.
NCIP held up Belarus' court system for IPR matters as a model. On
production issues, the Vigmaplast facility has a new agreement to
produce licensed CDs. End summary.
Collective Rights Management in Good (Government) Hands
-------------- --------------
2. (SBU) Aleksey Bichurin, Head of NCIP's Center for Collective
Management of Copyright and Related Rights (CCM),the successor to
the independent Belarusian Authors' Association (BAA),told Acting
Pol/Econ Chief that the switch in status from an independent
organization to a subsidiary of NCIP provided two distinct
advantages. First, CCM obtained the right to independently fine
businesses ignoring requests to pay royalties. [Note: Belarusian
law normally forbids non-government organizations from exercising
enforcement functions, although an exception was made in the case of
the pro-government trade union. End note.] As a result, users
understood the necessity of complying with requests to pay
royalties. CCM increased the collection of royalties by about 25%
over BAA's revenues, according to Bichurin. Second, as a
governmental organization, CCM paid no rent, thereby reducing
overhead. [Note: In limited cases the GOB may grant independent
organizations greatly reduced rent. End note.]
Government Procurement: No Specific Plans
--------------
3. (SBU) When asked about government procurement, NCIP General
Director Leonid Iosifovich Voronetskiy said he would raise the
question of new measures to ensure GOB offices used only licensed
products. However, he notes other laws forbidding the use of
unlicensed products apply to the government and everything was under
control.
New Copyright Law Possible in 2009
--------------
4. (SBU) Voronetskiy said NCIP would begin drafting a new law on
copyright this year, with enactment possible as early as 2009.
While Belarus' current law on copyright meets all recognized
international standards, according to Voronetskiy, the new law would
address areas in which international law had not reached a
consensus, such as protection of databases and libraries' use of
intellectual property. Voronetskiy requested the opportunity to
consult with U.S. specialists in drafting the new law.
Court System Treatment of IPR Held Up as Model
-------------- -
5. (SBU) Natalya Aleksandrovna Barkun, NCIP Deputy Director and
Chair of the Appeals Council, which serves as a specialized court
for IPR matters, said Russia was considering drawing upon Belarus'
experience in judging IPR cases. The Appeals Council drew its
members from those with experience in hearing technical cases. The
Council has decided over 500 cases, thereby establishing precedents
and increasing the knowledge of judges.
Vigmaplast Production Facility under New Ownership
-------------- --------------
6. (SBU) Bichurin admitted Vigmaplast had a checkered past. He
said the plant was under new ownership as of January. The factory
concluded agreements with CCM to produce licensed CDs and also
signed contracts with other organizations, according to Bichurin.
He also noted the plant was subject to special inspections by tax
services. Furthermore, he pointed out all CDs produced had to bear
holographic stickers with unique identification numbers.
Voronetskiy said the efficacy of the stickers had not been verified,
but an interagency meeting scheduled for early March would discuss
the matter.
Stewart