Identifier
Created
Classification
Origin
09BERN83
2009-02-25 08:38:00
UNCLASSIFIED
Embassy Bern
Cable title:  

SWITZERLAND: 2009 SPECIAL 301 REVIEW

Tags:  ECON KIPR ETRD EINV SZ 
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VZCZCXYZ0001
RR RUEHWEB

DE RUEHSW #0083 0560838
ZNR UUUUU ZZH
R 250838Z FEB 09
FM AMEMBASSY BERN
TO SECSTATE WASHDC 5669
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

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