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08SANSALVADOR186 2008-02-15 14:23:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy San Salvador
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1. (SBU) SUMMARY. Nearly two years after ratifying CAFTA-DR,
the Government of El Salvador is close to implementing "data
exclusivity" intellectual property right regulations. The
government has concluded its consultations, the Ministry of
Health is finalizing the regulations for President Saca's
signature, and the Ministry of Economy hopes the regulations
will enter into force by late February. El Salvador is also
close to accession on two intellectual property-related
treaties. END SUMMARY.

2. (U) On February 8, Econoff met with Silvia Nasser and
Gabriel Guardado, Public Procurement and Intellectual
Property Negotiators in the Office of Commercial Policy,
Ministry of Economy. Nasser and Guardado are also
responsible for preparing El Salvador's foreign government
submission to the Special 301 report.

3. (SBU) Nasser announced that the government had finally
concluded its consultations on the second draft for data
exclusivity regulations (NOTE the first draft was rejected by
both government and industry groups END NOTE), which it
agreed to implement under CAFTA-DR. The government
successfully concluded consultations with the Consejo
Superior de Salud Publica (Public Health Commission),
domestic industry, and FEDEPHARMA, the Guatemala-based
industry group representing both U.S. and European
pharmaceutical companies. The regulations were now with the
Ministry of Health, which has final responsibility for
preparing the regulations for President Saca's signature.
Nasser expected Saca to sign the regulations within two weeks
and for them to enter into force by the end of February.

4. (SBU) Nasser stated that El Salvador was near accession to
two intellectual property-related treaties that El Salvador
was also required to join under CAFTA-DR. The Assembly had
already ratified the "Convention Relating to the Distribution
of Programme-Carrying Signals Transmitted by Satellite," and
the government was in the process of notifying the UN of its
accession. The "Trademark Law Treaty" is currently in the
Assembly, but Nasser expected it to be ratified by the end of

5. (SBU) COMMENT: Data exclusivity is El Salvador's last
major outstanding IPR regulation, one of its last major
outstanding CAFTA-DR commitments, and something that Post has
long been pushing publicly and privately for the government
to complete. The new regulations will be implemented through
the executive, not the Assembly, and therefore might not be
announced publicly. Post will follow up with the Ministry of
Economy and Ministry of Health to ensure the regulations have
entered into force. END COMMENT.