Identifier
Created
Classification
Origin
09CAIRO383
2009-03-04 12:12:00
UNCLASSIFIED
Embassy Cairo
how-toVZCZCXYZ0001 RR RUEHWEB DE RUEHEG #0383/01 0631212 ZNR UUUUU ZZH R 041212Z MAR 09 FM AMEMBASSY CAIRO TO RUEHC/SECSTATE WASHDC 1786 INFO RUCPDOC/DEPT OF COMMERCE WASHDC
UNCLAS CAIRO 000383
SENSTIVE
SIPDIS
STATE PASS USTR
E.O. 12958: N/A
TAGS: ECON ETRD KIPR EG
SUBJECT: 2009 SPECIAL 301 REVIEW
REF: STATE 8410
Sensitive but unclassified. Please protect accordingly.
UNCLAS CAIRO 000383
SENSTIVE
SIPDIS
STATE PASS USTR
E.O. 12958: N/A
TAGS: ECON ETRD KIPR EG
SUBJECT: 2009 SPECIAL 301 REVIEW
REF: STATE 8410
Sensitive but unclassified. Please protect accordingly.
1. (SBU) SUMMARY: Based on continued efforts by the Government of
Egypt (GOE) to protect intellectual property rights in Egypt, we
recommend that Egypt stay on the Special 301 watch list. On the
pharmaceutical and software sides, the Ministry of Health and
Minister of Telecom are taking a much more aggressive approach.
Recent international developments, including the case of adulterated
Chinese dairy products, have raised the public's awareness of the
dangers of counterfeit and substandard products, which provides some
political impetus for the government's efforts in these areas. We
continue to have concerns in the area of copyright as related to
books, music and movies, all of which fall under the jurisdiction of
the Ministry of Culture. END SUMMARY.
Software
--------------
2. (SBU) The GOE's Information Technology Industry Development
Agency, ITIDA, falls within the Ministry of Telecommunications.
Having wrested responsibility for IPR protection for software from
the Ministry of Culture in 2007, ITIDA continues to expand its
activities. Over the past year, ITIDA, which has the lead within
the government for promoting development of Egypt's IT industry, has
made considerable progress in IPR protections for software over the
past year. As indicated in the ITIDA submission under the 301
process, the agency continues to participate in dozens of police
raids throughout Egypt every month. Most of their efforts have
focused on users, including in raids on internet cafes and computer
stores. More recently, however, they conducted their first big raid
on a facility that manufactures pirated software CDs, including from
Microsoft and Electronic Arts. This company has been a source of
pirated software not only for Egypt but the entire region.
Microsoft has worked closely with ITIDA to bring this case to court.
Electronic Arts, which is not represented in Egypt, ran into some
bureaucratic barriers to filing a case, but ITIDA worked closely
with their representatives in the U.S. In the end, ITIDA was able
to bring the Electronic Arts case to court as well.
3. (SBU) In all, hundreds of these cases have been brought to
court, and the government has been obtaining convictions, including,
as cited in the ITIDA submission, criminal convictions. We would
note that the ITIDA submission is in itself an example of improved
transparency on the part of the GOE -- this is the first time that
the GOE has provided us with actual case numbers.
Pharmaceutical
--------------
4. (U) The Ministry of Health also continues in its efforts to
protect IPR, including through reform and streamlining of the drug
registration and approval process, and transparent drug price
policies, although challenges remain. U.S. companies in Cairo agree
that improvements in the registration process also work to protect
IPR. The lack of security in the Pharmaceutical Affairs Office was
long a concern to firms wanting their proprietary information
safeguarded properly; the new office space, to which the public is
no longer admitted, is a vast improvement. With the new option for
on-line registration of new pharmaceutical products, companies are
no longer obliged to hire agents to represent them; the agents had
often been suspected of being a major source of leaked information
on new products.
5. (SBU) The Ministry of Health has recently appointed Kamal Sabra
as assistant minister for Pharmaceutical Affairs. Sabra has
previously worked in Ireland, as well as in the pharmaceutical
industry. Since joining the ministry, he has opened the lines of
communications with the industry, and is beginning take steps to
address their specific concerns. We are optimistic that as he gets
a handle on the issues and the players, he will be able to push the
IPR agenda effectively in the pharmaceutical and medical devices
sector.
Other issues
--------------
6. (U) Interdiction: In recent months, the GOE has identified
bureaucratic obstacles to interdiction of pirated goods at the
border as an issue. Under the current rules, a company whose
products have been pirated elsewhere, and subsequently imported into
Egypt, must file a complaint with Egyptian Customs in order to have
those goods seized. (NOTE: Egyptian police do not have similar
restrictions on their seizure of those goods once they enter Egypt.)
In the wake of the recent milk scandal in China, the GOE is taking
a closer look at this problem. The Ministry of Trade has been
working with Customs, which falls under the Ministry of Finance, to
resolve this problem. We expect that changes to the legislation
governing such seizures will be made, to allow Customs to seize the
pirated goods without a formal complaint.
7. (U) International obligations: The GOE is also working to join
appropriate international treaties and conventions related to IPR.
In December, Egypt acceded to the Madrid Protocol for international
registration of marks. In addition, the Egyptian cabinet is now
looking at amendments to Egyptian law to allow Egypt to join the
International Convention for the Protection of New Varieties of
Plants. ITIDA reports that Egypt is in the process of joining the
Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the Purpose of Patent Procedure, and the Rome
Convention for the Protection of Performers, Producers, of
Phonograms and Broadcasting Organizations.
8. (SBU) COMMENT: Egypt has a ways to go in terms of protecting
IPR, but has clearly made progress over the past two years. The
Ministry of Health continues to adhere to its informal commitments
on data protection, in the absence of a broader trade agreement.
The Ministry of Telecom, through ITIDA, is aggressively pursuing
pirated software cases in the economy. The Ministries of Trade and
Finance are cooperating on an interagency basis to work out barriers
to Customs seizures. And Egypt is moving to join some of the
international conventions to supplement its own legislation in a
range of sectors.
SCOBEY
SENSTIVE
SIPDIS
STATE PASS USTR
E.O. 12958: N/A
TAGS: ECON ETRD KIPR EG
SUBJECT: 2009 SPECIAL 301 REVIEW
REF: STATE 8410
Sensitive but unclassified. Please protect accordingly.
1. (SBU) SUMMARY: Based on continued efforts by the Government of
Egypt (GOE) to protect intellectual property rights in Egypt, we
recommend that Egypt stay on the Special 301 watch list. On the
pharmaceutical and software sides, the Ministry of Health and
Minister of Telecom are taking a much more aggressive approach.
Recent international developments, including the case of adulterated
Chinese dairy products, have raised the public's awareness of the
dangers of counterfeit and substandard products, which provides some
political impetus for the government's efforts in these areas. We
continue to have concerns in the area of copyright as related to
books, music and movies, all of which fall under the jurisdiction of
the Ministry of Culture. END SUMMARY.
Software
--------------
2. (SBU) The GOE's Information Technology Industry Development
Agency, ITIDA, falls within the Ministry of Telecommunications.
Having wrested responsibility for IPR protection for software from
the Ministry of Culture in 2007, ITIDA continues to expand its
activities. Over the past year, ITIDA, which has the lead within
the government for promoting development of Egypt's IT industry, has
made considerable progress in IPR protections for software over the
past year. As indicated in the ITIDA submission under the 301
process, the agency continues to participate in dozens of police
raids throughout Egypt every month. Most of their efforts have
focused on users, including in raids on internet cafes and computer
stores. More recently, however, they conducted their first big raid
on a facility that manufactures pirated software CDs, including from
Microsoft and Electronic Arts. This company has been a source of
pirated software not only for Egypt but the entire region.
Microsoft has worked closely with ITIDA to bring this case to court.
Electronic Arts, which is not represented in Egypt, ran into some
bureaucratic barriers to filing a case, but ITIDA worked closely
with their representatives in the U.S. In the end, ITIDA was able
to bring the Electronic Arts case to court as well.
3. (SBU) In all, hundreds of these cases have been brought to
court, and the government has been obtaining convictions, including,
as cited in the ITIDA submission, criminal convictions. We would
note that the ITIDA submission is in itself an example of improved
transparency on the part of the GOE -- this is the first time that
the GOE has provided us with actual case numbers.
Pharmaceutical
--------------
4. (U) The Ministry of Health also continues in its efforts to
protect IPR, including through reform and streamlining of the drug
registration and approval process, and transparent drug price
policies, although challenges remain. U.S. companies in Cairo agree
that improvements in the registration process also work to protect
IPR. The lack of security in the Pharmaceutical Affairs Office was
long a concern to firms wanting their proprietary information
safeguarded properly; the new office space, to which the public is
no longer admitted, is a vast improvement. With the new option for
on-line registration of new pharmaceutical products, companies are
no longer obliged to hire agents to represent them; the agents had
often been suspected of being a major source of leaked information
on new products.
5. (SBU) The Ministry of Health has recently appointed Kamal Sabra
as assistant minister for Pharmaceutical Affairs. Sabra has
previously worked in Ireland, as well as in the pharmaceutical
industry. Since joining the ministry, he has opened the lines of
communications with the industry, and is beginning take steps to
address their specific concerns. We are optimistic that as he gets
a handle on the issues and the players, he will be able to push the
IPR agenda effectively in the pharmaceutical and medical devices
sector.
Other issues
--------------
6. (U) Interdiction: In recent months, the GOE has identified
bureaucratic obstacles to interdiction of pirated goods at the
border as an issue. Under the current rules, a company whose
products have been pirated elsewhere, and subsequently imported into
Egypt, must file a complaint with Egyptian Customs in order to have
those goods seized. (NOTE: Egyptian police do not have similar
restrictions on their seizure of those goods once they enter Egypt.)
In the wake of the recent milk scandal in China, the GOE is taking
a closer look at this problem. The Ministry of Trade has been
working with Customs, which falls under the Ministry of Finance, to
resolve this problem. We expect that changes to the legislation
governing such seizures will be made, to allow Customs to seize the
pirated goods without a formal complaint.
7. (U) International obligations: The GOE is also working to join
appropriate international treaties and conventions related to IPR.
In December, Egypt acceded to the Madrid Protocol for international
registration of marks. In addition, the Egyptian cabinet is now
looking at amendments to Egyptian law to allow Egypt to join the
International Convention for the Protection of New Varieties of
Plants. ITIDA reports that Egypt is in the process of joining the
Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the Purpose of Patent Procedure, and the Rome
Convention for the Protection of Performers, Producers, of
Phonograms and Broadcasting Organizations.
8. (SBU) COMMENT: Egypt has a ways to go in terms of protecting
IPR, but has clearly made progress over the past two years. The
Ministry of Health continues to adhere to its informal commitments
on data protection, in the absence of a broader trade agreement.
The Ministry of Telecom, through ITIDA, is aggressively pursuing
pirated software cases in the economy. The Ministries of Trade and
Finance are cooperating on an interagency basis to work out barriers
to Customs seizures. And Egypt is moving to join some of the
international conventions to supplement its own legislation in a
range of sectors.
SCOBEY