Identifier
Created
Classification
Origin
09AITTAIPEI38
2009-01-12 09:56:00
CONFIDENTIAL
American Institute Taiwan, Taipei
Cable title:
PRESERVING THE INTEGRITY OF THE SPECIAL 301 PROCESS
how-toO 120956Z JAN 09 FM AIT TAIPEI TO SECSTATE WASHDC IMMEDIATE 0696 NSC WASHINGTON DC IMMEDIATE DEPT OF AGRICULTURE WASHDC IMMEDIATE INFO DEPT OF TREASURY WASHINGTON DC PRIORITY DEPT OF COMMERCE WASHINGTON DC PRIORITY DEPT OF JUSTICE WASHINGTON DC PRIORITY
C O N F I D E N T I A L AIT TAIPEI 000038
STATE FOR U/S JEFFERY AND EAP/TC FROM THE DIRECTOR
STATE PASS USTR FOR AMBASSADOR SCHWAB, NSC FOR SENIOR
DIRECTOR WILDER, AND USDA FOR U/S KEENUM FROM THE DIRECTOR
E.O. 12958: DECL: 01/11/2018
TAGS: ECON ETRD KIPR PGOV PREL EAGR TW
SUBJECT: PRESERVING THE INTEGRITY OF THE SPECIAL 301 PROCESS
Classified By: Stephen M. Young, AIT Director, for reasons 1.4 (b) and
(d).
C O N F I D E N T I A L AIT TAIPEI 000038
STATE FOR U/S JEFFERY AND EAP/TC FROM THE DIRECTOR
STATE PASS USTR FOR AMBASSADOR SCHWAB, NSC FOR SENIOR
DIRECTOR WILDER, AND USDA FOR U/S KEENUM FROM THE DIRECTOR
E.O. 12958: DECL: 01/11/2018
TAGS: ECON ETRD KIPR PGOV PREL EAGR TW
SUBJECT: PRESERVING THE INTEGRITY OF THE SPECIAL 301 PROCESS
Classified By: Stephen M. Young, AIT Director, for reasons 1.4 (b) and
(d).
1. (C) AIT is grateful for the ongoing support of the
Washington interagency group as we manage our diverse and
complex economic relationship with Taiwan. We share your
frustration with the slow pace of Taiwan progress on some of
our top agricultural priorities, and continue our effort to
remedy all obstacles to full market access. At the same
time, we are proud of our success in producing concrete
results on goals such as WTO GPA accession. In the context
of our common effort to develop one of the U.S.'s largest
bilateral trading relationships, therefore, I am concerned by
indications that external factors may be compromising the
integrity of the IPR Special 301 process, as well as
affecting the chance of future progress on existing trade
issues.
2. (C) Intellectual property rights protection has been at
the center of our bilateral economic relationship for years.
Our sustained engagement, in close cooperation with U.S.
industry and other stakeholders, has produced genuine
progress on a range of our IPR priorities here, from
establishment of an IP Court to improved enforcement of the
Campus Action Plan against IP infringement. Throughout, the
Special 301 process has been an invaluable tool in advancing
our agenda. In recognition of Taiwan's clear efforts toward
improving IP protection, we recommended last year's
out-of-cycle review of Taiwan's Special 301 status, with an
eye toward encouraging future progress and, if successful,
removing Taiwan from the 301 Watch List. Indeed, as post has
reported at length, Taiwan has made real achievements in this
area over the past year.
3. (C) Therefore, I am disappointed that factors unrelated to
IPR protection have delayed completion of the review. With
the review poised for final interagency review, I would like
to stress the critical importance of maintaining the
integrity of the Special 301 IPR process. Allowing issues
unrelated to IPR to affect the Special 301 review would, in
my view, threaten the efficacy of what has thus far proved
our most potent means of advancing a major bilateral trade
priority. The nature of our trade disagreements with Taiwan
will inevitably shift with time, as would be expected in a
bilateral economic relationship of this scope. Regardless,
IPR is certain to remain at the center of the agenda for our
two advanced, high technology economies. In view of this
reality, we must ensure that the Special 301 mechanism
remains a viable tool for advancing our interests. Linking
301 to unrelated issues, however important, risks undermining
our credibility while limiting our future options for
achieving progress on this and other priorities. I hope
every member of the TPRG will put the decision on the pending
out-of-cycle review within this broader context, and remove
Taiwan now from the Special 301 Watch List.
SYOUNG
STATE FOR U/S JEFFERY AND EAP/TC FROM THE DIRECTOR
STATE PASS USTR FOR AMBASSADOR SCHWAB, NSC FOR SENIOR
DIRECTOR WILDER, AND USDA FOR U/S KEENUM FROM THE DIRECTOR
E.O. 12958: DECL: 01/11/2018
TAGS: ECON ETRD KIPR PGOV PREL EAGR TW
SUBJECT: PRESERVING THE INTEGRITY OF THE SPECIAL 301 PROCESS
Classified By: Stephen M. Young, AIT Director, for reasons 1.4 (b) and
(d).
1. (C) AIT is grateful for the ongoing support of the
Washington interagency group as we manage our diverse and
complex economic relationship with Taiwan. We share your
frustration with the slow pace of Taiwan progress on some of
our top agricultural priorities, and continue our effort to
remedy all obstacles to full market access. At the same
time, we are proud of our success in producing concrete
results on goals such as WTO GPA accession. In the context
of our common effort to develop one of the U.S.'s largest
bilateral trading relationships, therefore, I am concerned by
indications that external factors may be compromising the
integrity of the IPR Special 301 process, as well as
affecting the chance of future progress on existing trade
issues.
2. (C) Intellectual property rights protection has been at
the center of our bilateral economic relationship for years.
Our sustained engagement, in close cooperation with U.S.
industry and other stakeholders, has produced genuine
progress on a range of our IPR priorities here, from
establishment of an IP Court to improved enforcement of the
Campus Action Plan against IP infringement. Throughout, the
Special 301 process has been an invaluable tool in advancing
our agenda. In recognition of Taiwan's clear efforts toward
improving IP protection, we recommended last year's
out-of-cycle review of Taiwan's Special 301 status, with an
eye toward encouraging future progress and, if successful,
removing Taiwan from the 301 Watch List. Indeed, as post has
reported at length, Taiwan has made real achievements in this
area over the past year.
3. (C) Therefore, I am disappointed that factors unrelated to
IPR protection have delayed completion of the review. With
the review poised for final interagency review, I would like
to stress the critical importance of maintaining the
integrity of the Special 301 IPR process. Allowing issues
unrelated to IPR to affect the Special 301 review would, in
my view, threaten the efficacy of what has thus far proved
our most potent means of advancing a major bilateral trade
priority. The nature of our trade disagreements with Taiwan
will inevitably shift with time, as would be expected in a
bilateral economic relationship of this scope. Regardless,
IPR is certain to remain at the center of the agenda for our
two advanced, high technology economies. In view of this
reality, we must ensure that the Special 301 mechanism
remains a viable tool for advancing our interests. Linking
301 to unrelated issues, however important, risks undermining
our credibility while limiting our future options for
achieving progress on this and other priorities. I hope
every member of the TPRG will put the decision on the pending
out-of-cycle review within this broader context, and remove
Taiwan now from the Special 301 Watch List.
SYOUNG