Identifier
Created
Classification
Origin
09ASHGABAT258
2009-02-25 11:37:00
UNCLASSIFIED
Embassy Ashgabat
Cable title:
TURKMENISTAN: 2009 SPECIAL 301 REVIEW
how-toVZCZCXRO1857 RR RUEHAG RUEHAST RUEHBI RUEHCI RUEHDBU RUEHDF RUEHIK RUEHLH RUEHLN RUEHLZ RUEHNEH RUEHPW RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG DE RUEHAH #0258 0561137 ZNR UUUUU ZZH R 251137Z FEB 09 FM AMEMBASSY ASHGABAT TO RUEHC/SECSTATE WASHDC 2351 INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE RUCNCIS/CIS COLLECTIVE RUCNMEM/EU MEMBER STATES COLLECTIVE RUEHAK/AMEMBASSY ANKARA 4854 RUEHBJ/AMEMBASSY BEIJING 2626 RUEHKO/AMEMBASSY TOKYO 2491 RUEHIT/AMCONSUL ISTANBUL 3098 RHMFIUU/CDR USCENTCOM MACDILL AFB FL RUEHVEN/USMISSION USOSCE 3342 RUEAIIA/CIA WASHDC RHEFDIA/DIA WASHDC RHEHNSC/NSC WASHDC RUEKJCS/SECDEF WASHDC RUEKJCS/JOINT STAFF WASHDC
UNCLAS ASHGABAT 000258
SIPDIS
STATE FOR SCA/CEN, EEB/TPP/IPE (MCGOWAN),INL (BUHLER)
DEPT PASS TO USTR JCHOE-GROVES
E.O. 12958: N/A
TAGS: PGOV ECON ETRD KIPR TX
SUBJECT: TURKMENISTAN: 2009 SPECIAL 301 REVIEW
REF: STATE 8410
UNCLAS ASHGABAT 000258
SIPDIS
STATE FOR SCA/CEN, EEB/TPP/IPE (MCGOWAN),INL (BUHLER)
DEPT PASS TO USTR JCHOE-GROVES
E.O. 12958: N/A
TAGS: PGOV ECON ETRD KIPR TX
SUBJECT: TURKMENISTAN: 2009 SPECIAL 301 REVIEW
REF: STATE 8410
1. The Government of Turkmenistan was informed about the 2009
Special 301 review process by means of diplomatic note delivered on
February 4. Post has received no response from the Turkmen
Government. Post recommends keeping Turkmenistan on the 2009
Special 301 Watch List and suggests including the following
paragraph on Turkmenistan in the 2009 Special 301 report:
2. Turkmenistan has been on the Watch List since 2000, and it will
remain on the Watch List in 2009 due to its lack of progress on IPR
issues during the past year. Turkmenistan has numerous remaining
steps to take in order to fulfill its IPR obligations under the 1993
U.S.-Turkmenistan Trade Agreement. Specifically, Turkmenistan is
neither a member of the Berne Convention nor the Geneva Phonograms
Convention and it has not yet signed the WIPO Internet Treaties.
Although the Civil and Criminal Codes provide some degree of IPR
protection and punishment for copyright violations and the Civil
Code provides for counterfeited goods confiscation by a court
decision, Turkmenistan has yet to adopt more explicit and
comprehensive administrative and civil procedures and criminal
penalties for IPR violations. Turkmenistan has not adopted a
separate Copyright Law and consequently does not provide any
protection to foreign sound recordings or preexisting works. IPR
enforcement is inadequate because the Customs Code does not provide
ex officio authority to seize suspected infringing material at the
border. There are no known civil ex parte search procedures. The
United States urges Turkmenistan to join appropriate international
agreements and adopt the national legal reforms that will bring
Turkmenistan into compliance with its obligations under the
bilateral 1993 U.S.-Turkmenistan Agreement, and to undertake
enforcement activities that will help strengthen its IPR regime.
MILES
SIPDIS
STATE FOR SCA/CEN, EEB/TPP/IPE (MCGOWAN),INL (BUHLER)
DEPT PASS TO USTR JCHOE-GROVES
E.O. 12958: N/A
TAGS: PGOV ECON ETRD KIPR TX
SUBJECT: TURKMENISTAN: 2009 SPECIAL 301 REVIEW
REF: STATE 8410
1. The Government of Turkmenistan was informed about the 2009
Special 301 review process by means of diplomatic note delivered on
February 4. Post has received no response from the Turkmen
Government. Post recommends keeping Turkmenistan on the 2009
Special 301 Watch List and suggests including the following
paragraph on Turkmenistan in the 2009 Special 301 report:
2. Turkmenistan has been on the Watch List since 2000, and it will
remain on the Watch List in 2009 due to its lack of progress on IPR
issues during the past year. Turkmenistan has numerous remaining
steps to take in order to fulfill its IPR obligations under the 1993
U.S.-Turkmenistan Trade Agreement. Specifically, Turkmenistan is
neither a member of the Berne Convention nor the Geneva Phonograms
Convention and it has not yet signed the WIPO Internet Treaties.
Although the Civil and Criminal Codes provide some degree of IPR
protection and punishment for copyright violations and the Civil
Code provides for counterfeited goods confiscation by a court
decision, Turkmenistan has yet to adopt more explicit and
comprehensive administrative and civil procedures and criminal
penalties for IPR violations. Turkmenistan has not adopted a
separate Copyright Law and consequently does not provide any
protection to foreign sound recordings or preexisting works. IPR
enforcement is inadequate because the Customs Code does not provide
ex officio authority to seize suspected infringing material at the
border. There are no known civil ex parte search procedures. The
United States urges Turkmenistan to join appropriate international
agreements and adopt the national legal reforms that will bring
Turkmenistan into compliance with its obligations under the
bilateral 1993 U.S.-Turkmenistan Agreement, and to undertake
enforcement activities that will help strengthen its IPR regime.
MILES