SWITZERLAND: 2009 SPECIAL 301 REVIEW

UNCLAS BERN 000083 SIPDIS DEPT PLEASE PASS TO USTR FOR JASON BUNTIN E.O. 12958: N/A TAGS: ECON KIPR ETRD EINV SZ SUBJECT: SWITZERLAND: 2009 SPECIAL 301 REVIEW ¶1. Summary. Post recommends that Switzerland not be listed in the 2008 Special 301 Report. While there are deficiencies in the Swiss Copyright Act implemented in 2008, the new Act further strengthened an already strong system. U.S. industry concerns about the lack of solid protection against illegal copies for private use and the lack of camcording legislation should be addressed through existing bilateral mechanisms such as the Trade and Investment Cooperation Forum (Forum) and the Joint Economic Commission (JEC). Lastly, the Swiss remain cooperative in developing solutions to address legislative shortcomings. Therefore, Embassy Bern does not support citing Switzerland in the 2009 Special 301 Report. End Summary. ¶2. The Swiss government has been working to bring its copyright protection laws into WIPO II conformity since 1996. The Federal Institute of Intellectual Property, Copyright and Neighboring Rights Institute (IIP) believes that the revised Copyright Act is a positive revision and should provide enhanced protection for films, sound recordings, software and other copyright protected products. ¶3. The IIP is aware of industry concerns regarding the legislation, including the privacy exception and the lack of camcording legislation. In regards to the privacy exception, according to IIP, the new copyright laws were a long-negotiated compromise among many political, public and industry factions. IIP is concerned that removal of the privacy exception, which was one of the most contentious issues and a requirement for passing the legislation, would likely result in revocation of the new laws via a public referendum or initiative. ¶4. While Switzerland does not have camcording legislation, IIP reports that movie theater owners have the authority to refuse entrance to anyone, and have used this method to keep camcorders from their theaters. IIP also noted concern that the advancing recording abilities of common cellular phones, carried by the vast majority of Swiss, will soon render camcording legislation ineffective and moot. ¶5. Embassy Bern agrees with industry that the legislative revisions do not address every concern, but we recommend using existing bilateral agreements to discuss concerns rather than citing Switzerland in the 301 Report. The Forum and the JEC are appropriate venues to discuss IPR issues and industries' concerns. Addressing these issues, such as adoption of camcording legislation, are better covered among experts at the Forum and JEC. In summation, giving the Forum and the JEC an opportunity to resolve any problems that might materialize would be more productive than citation in the 301 Report. ¶6. Post also notes that industry has not approached Embassy Bern this year for assistance or to discuss concerns with Swiss Copyright legislation or enforcement. Furthermore, IIP remains cooperative and is receptive to developing patches to address shortcomings that may arise with the implementation of the new Copyright Act. Lastly, IIP takes a proactive role in negotiations of the Anti-Counterfeiting Trade Agreement (ACTA) in a multilateral effort to enhance Intellectual Property protection beyond TRIPS. Therefore, Embassy Bern does not support citing Switzerland in the 2009 Special 301 Report. CARTER