Identifier
Created
Classification
Origin
09BOGOTA1850
2009-06-09 18:50:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bogota
Cable title:
GOC WANTS TO CONCLUDE S&T AGREEMENT AS DELIVERABLE
how-toVZCZCXYZ0000 PP RUEHWEB DE RUEHBO #1850/01 1601850 ZNR UUUUU ZZH P 091850Z JUN 09 FM AMEMBASSY BOGOTA TO RUEHC/SECSTATE WASHDC PRIORITY 9119 INFO RUEHBR/AMEMBASSY BRASILIA 8957 RUEHCV/AMEMBASSY CARACAS 2318 RUEHPE/AMEMBASSY LIMA 7625 RUEHLP/AMEMBASSY LA PAZ JUN PANAMA 3718 RUEHQT/AMEMBASSY QUITO 8325
UNCLAS BOGOTA 001850
SENSITIVE
SIPDIS
OES/STC FOR KDELAK; PASS TO USTR JRAGLAND
E.O. 12958: N/A
TAGS: ECON TSPL KCIS PGOV EINV CO
SUBJECT: GOC WANTS TO CONCLUDE S&T AGREEMENT AS DELIVERABLE
REF: A. BOGOTA 1462
B. STATE 45800
C. BOGOTA 168
UNCLAS BOGOTA 001850
SENSITIVE
SIPDIS
OES/STC FOR KDELAK; PASS TO USTR JRAGLAND
E.O. 12958: N/A
TAGS: ECON TSPL KCIS PGOV EINV CO
SUBJECT: GOC WANTS TO CONCLUDE S&T AGREEMENT AS DELIVERABLE
REF: A. BOGOTA 1462
B. STATE 45800
C. BOGOTA 168
1. (U) SUMMARY: The GOC reiterated its commitment to the
U.S.-Colombia Science & Technology (S&T) Agreement and
expressed urgency to reach an accord in the event that a
potential Uribe-POTUS bilat takes place in the near future.
Nonetheless, they still suggest numerous changes to the
latest draft, most notably to Section III-A of the IPR Annex
so that copyright ownership would be determined on a
case-by-case basis. While work remains to be done to bridge
differences, the GOC is clearly committed to the process as
evidenced by its quick turnaround of the latest USG proposal.
EconOffs will send copies by unclas e-mail of the official
GOC counterproposal text to USG interagency players. END
SUMMARY.
GOC Working Group Committed to Agreement
--------------
2. (SBU) On June 5 EconOffs received the GOC's response to
the draft Agreement and IPR Annex with the GOC interagency
S&T group: Ministry of Foreign Affairs Director of
International Cooperation Enrique Maruri, MFA North American
Affairs Officer Adriana Maldonado, MFA IPR Officer Oscar
Echeverry, Advisor to the Vice-Minister of Environment
Giannina Santiago, IPR Advisor to the Vice-Minister of
Commerce Liliana Ariza, and Advisor to the Director of
Colciencias Sara Arauja. The GOC noted the difficulties
associated with restarting IPR Annex talks from zero, but
highlighted its commitment to finding consensus. The GOC
interagency group had met twice following the initial meeting
with EconOffs on May 6 (ref A). During a June 9 meeting with
EconOff and visiting Jefferson Science Fellow the GOC team
showed urgency in engaging with USG counterpart, with an eye
toward reaching agreement before a potential June 29
high-level bilateral meeting.
Disputed Sections of Agreement Text
--------------
3. (U) The GOC has four suggested changes within the
Agreement text: Article V, Article VII (paragraph 2),Article
VIII (paragraph 2),and Article IX (paragraph 2). The GOC
requests: Article V, delete the phrase "be encouraged to,"
as Arauja from Colciencias said the GOC wanted to ensure
joint research collaboration under the agreement, rather than
encourage it; Article VII, paragraph 2, change the title of
Colciencias to Administrative Department for Science,
Technology and Innovation, given Colciencias' new title and
status after the January 2009 passing of the new S&T Law (ref
C); Article VIII paragraph 2, make specific reference to the
IPR Annex and alter the language to mirror the preamble of
the Annex; Article IX, substitute "create conditions for" for
"facilitate the" and delete "geographic area" at the request
of the Ministry of Environment.
Disputed Sections of IPR Annex
--------------
4. (U) The GOC has numerous areas of concern within the IPR
Annex. The GOC proposes the following changes: delete
Section II-D, arguing that the relevant institutions or
entities, rather than the Parties, should participate in
dispute settlement; change Section III-A to allow scientist
exclusive rights to intellectual property, with the GOC
noting that this was their most important change; add a
sentence about national laws in Section III-B(1); add a
sentence to Section III-B (2b) regarding the exploitation of
IPR; delete Section III-B(2c) because the GOC believes
territoriality should not apply; delete the sentence
regarding the three month limitation in Section III-B(2d),as
the GOC expects to always reach agreement to any potential
disputes; delete a phrase in Section III-B(2e) due to
existing GOC legislation regarding disclosure that cannot be
superseded by this agreement; and add "domestic" to Section
IV in reference to laws, regulations and administrative
practices.
5. (U) The GOC requested to discuss the USG response to its
comments as soon as possible, suggesting that a digital video
conference (DVC) with the USG interagency might be a prudent
next step. EconOffs will forward all GOC responses to the
USG interagency group via unclas email.
Brownfield
SENSITIVE
SIPDIS
OES/STC FOR KDELAK; PASS TO USTR JRAGLAND
E.O. 12958: N/A
TAGS: ECON TSPL KCIS PGOV EINV CO
SUBJECT: GOC WANTS TO CONCLUDE S&T AGREEMENT AS DELIVERABLE
REF: A. BOGOTA 1462
B. STATE 45800
C. BOGOTA 168
1. (U) SUMMARY: The GOC reiterated its commitment to the
U.S.-Colombia Science & Technology (S&T) Agreement and
expressed urgency to reach an accord in the event that a
potential Uribe-POTUS bilat takes place in the near future.
Nonetheless, they still suggest numerous changes to the
latest draft, most notably to Section III-A of the IPR Annex
so that copyright ownership would be determined on a
case-by-case basis. While work remains to be done to bridge
differences, the GOC is clearly committed to the process as
evidenced by its quick turnaround of the latest USG proposal.
EconOffs will send copies by unclas e-mail of the official
GOC counterproposal text to USG interagency players. END
SUMMARY.
GOC Working Group Committed to Agreement
--------------
2. (SBU) On June 5 EconOffs received the GOC's response to
the draft Agreement and IPR Annex with the GOC interagency
S&T group: Ministry of Foreign Affairs Director of
International Cooperation Enrique Maruri, MFA North American
Affairs Officer Adriana Maldonado, MFA IPR Officer Oscar
Echeverry, Advisor to the Vice-Minister of Environment
Giannina Santiago, IPR Advisor to the Vice-Minister of
Commerce Liliana Ariza, and Advisor to the Director of
Colciencias Sara Arauja. The GOC noted the difficulties
associated with restarting IPR Annex talks from zero, but
highlighted its commitment to finding consensus. The GOC
interagency group had met twice following the initial meeting
with EconOffs on May 6 (ref A). During a June 9 meeting with
EconOff and visiting Jefferson Science Fellow the GOC team
showed urgency in engaging with USG counterpart, with an eye
toward reaching agreement before a potential June 29
high-level bilateral meeting.
Disputed Sections of Agreement Text
--------------
3. (U) The GOC has four suggested changes within the
Agreement text: Article V, Article VII (paragraph 2),Article
VIII (paragraph 2),and Article IX (paragraph 2). The GOC
requests: Article V, delete the phrase "be encouraged to,"
as Arauja from Colciencias said the GOC wanted to ensure
joint research collaboration under the agreement, rather than
encourage it; Article VII, paragraph 2, change the title of
Colciencias to Administrative Department for Science,
Technology and Innovation, given Colciencias' new title and
status after the January 2009 passing of the new S&T Law (ref
C); Article VIII paragraph 2, make specific reference to the
IPR Annex and alter the language to mirror the preamble of
the Annex; Article IX, substitute "create conditions for" for
"facilitate the" and delete "geographic area" at the request
of the Ministry of Environment.
Disputed Sections of IPR Annex
--------------
4. (U) The GOC has numerous areas of concern within the IPR
Annex. The GOC proposes the following changes: delete
Section II-D, arguing that the relevant institutions or
entities, rather than the Parties, should participate in
dispute settlement; change Section III-A to allow scientist
exclusive rights to intellectual property, with the GOC
noting that this was their most important change; add a
sentence about national laws in Section III-B(1); add a
sentence to Section III-B (2b) regarding the exploitation of
IPR; delete Section III-B(2c) because the GOC believes
territoriality should not apply; delete the sentence
regarding the three month limitation in Section III-B(2d),as
the GOC expects to always reach agreement to any potential
disputes; delete a phrase in Section III-B(2e) due to
existing GOC legislation regarding disclosure that cannot be
superseded by this agreement; and add "domestic" to Section
IV in reference to laws, regulations and administrative
practices.
5. (U) The GOC requested to discuss the USG response to its
comments as soon as possible, suggesting that a digital video
conference (DVC) with the USG interagency might be a prudent
next step. EconOffs will forward all GOC responses to the
USG interagency group via unclas email.
Brownfield