Identifier
Created
Classification
Origin
09KYIV776
2009-05-08 15:43:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kyiv
Cable title:
SPECIAL 301 DEMARCHE: UKRAINIAN OFFICIALS
how-toVZCZCXRO9733 PP RUEHDBU RUEHLN RUEHSK RUEHVK RUEHYG DE RUEHKV #0776/01 1281543 ZNR UUUUU ZZH P 081543Z MAY 09 FM AMEMBASSY KYIV TO RUEHC/SECSTATE WASHDC PRIORITY 7765 INFO RHMFIUU/DEPT OF JUSTICE WASHINGTON DC RUCPDOC/DEPT OF COMMERCE WASHINGTON DC RUEHSF/AMEMBASSY SOFIA 0057 RUCNCIS/CIS COLLECTIVE
UNCLAS SECTION 01 OF 02 KYIV 000776
SENSITIVE
SIPDIS
STATE FOR EB/TPP/IPE (TRMCGOWAN/JURBAN) AND EUR/UMB
STATE PLEASE PASS TO USTR FOR PBURKHEAD/JGROVES/RBAE
USDOC FOR ITA/MAC/OIPR - CPETERS
USDOC FOR 4231/ITA/OEENIS/NISD - CLUCYCK
COMMERCE PLEASE PASS TO USPTO AND CLDP
SOFIA FOR MLAMBERTI
E.O. 12958: DECL: N/A
TAGS: ETRD KIPR ECON UP
SUBJECT: SPECIAL 301 DEMARCHE: UKRAINIAN OFFICIALS
HIGHLIGHT KEY IPR PROBLEMS
REF: STATE 42733
SENSITIVE BUT UNCLASSIFIED; NOT FOR INTERNET PUBLICATION.
UNCLAS SECTION 01 OF 02 KYIV 000776
SENSITIVE
SIPDIS
STATE FOR EB/TPP/IPE (TRMCGOWAN/JURBAN) AND EUR/UMB
STATE PLEASE PASS TO USTR FOR PBURKHEAD/JGROVES/RBAE
USDOC FOR ITA/MAC/OIPR - CPETERS
USDOC FOR 4231/ITA/OEENIS/NISD - CLUCYCK
COMMERCE PLEASE PASS TO USPTO AND CLDP
SOFIA FOR MLAMBERTI
E.O. 12958: DECL: N/A
TAGS: ETRD KIPR ECON UP
SUBJECT: SPECIAL 301 DEMARCHE: UKRAINIAN OFFICIALS
HIGHLIGHT KEY IPR PROBLEMS
REF: STATE 42733
SENSITIVE BUT UNCLASSIFIED; NOT FOR INTERNET PUBLICATION.
1. (U) Deputy Econ Counselor informed the GOU on April 29
that Ukraine would remain on the Watch List in this year's
Special 301 Report. We delivered reftel points to
Volodymyr Dmitrishin, Acting Chairman of the State
Department of Intellectual Property (SDIP, Ukraine's
coordinating agency for IPR issues),and Valentin
Chebotaryov, SDIP Deputy Chairman.
2. (U) Dmitrishin and Chebotaryov expressed their
appreciation for our bilateral cooperation on IPR issues.
Chebotaryov said that, while the GOU had not accomplished
everything it had hoped, there had been real progress on
IPR enforcement in recent years, as the Special 301 process
demonstrated. The GOU reps made substantive remarks on the
following issues:
Internet Piracy
--------------
3. (U) Chebotaryov asked for continued USG assistance and
cooperation to tackle internet piracy, which he described
as a priority for Ukraine. Chebotaryov said he thought
there needed to be an amendment to current laws in order to
ensure that internet service providers (ISPs) could be held
legally responsible for hosting pirated material.
Courts
--------------
4. (SBU) Chebotaryov identified the courts as a continued
source of problems on enforcement. He said that SDIP's
inspectors (who are quasi-law enforcement officials and do
inspections at large markets) were almost never satisfied
with the rulings handed down by judges in their cases.
Dmitrishin added that SDIP was still encouraging the
Supreme Court to hold a plenary session devoted to IPR, and
internet piracy in particular. (Comment: The lack of clear
guidance from the Supreme Court has long been a problem for
judicial enforcement of IP rights. We continue to
encourage the issuance of such guidance in appropriate
fora, such as USG-funded IPR workshops for judges. End
comment.)
Physical Piracy
--------------
5. (U) Chebotaryov expressed concern that the current
economic crisis in Ukraine would drive more consumers to
(cheaper) counterfeit goods. He also said SDIP was
frustrated that some rights holders continued to manage
their Ukraine business through Moscow, making it harder for
Ukrainian authorities to get the documents they needed to
prosecute piracy cases.
Software
--------------
6. (SBU) Chebotaryov recognized that the GOU had not done
enough to legalize its own software and expressed SDIP's
commitment to addressing the problem, noting that SDIP was
trying to lead by example by ensuring that 100 percent of
its own software was legal. Chebotaryov described the
problem as a "budget issue" and said that, due to the
government's budget crisis, progress would not come
quickly. He added that SDIP was developing a guide for
businesses to help them ensure that their software was
legal.
Holograms
--------------
7. (U) In response to our points on the need to improve
Ukraine's hologram sticker program for optical discs,
Chebotaryov said SDIP was committed to increasing the
system's transparency, in particular by allowing rights
holders access to all hologram applications. Chebotaryov
promised that SDIP would continue to work closely with
KYIV 00000776 002 OF 002
industry to make these changes.
Organizational Issues
--------------
8. (U) Dmitrishin noted that SDIP was examining possible
institutional changes to improve IPR enforcement, and asked
for more information on our National Intellectual Property
Rights Coordination Center, which could serve as a model
for Ukraine. (Comment: We have already provided some
background info on the IPR Center. We should also look for
a future opportunity for SDIP leadership to discuss
organizational issues with an ICE official from the IPR
Center. End comment.)
TAYLOR
SENSITIVE
SIPDIS
STATE FOR EB/TPP/IPE (TRMCGOWAN/JURBAN) AND EUR/UMB
STATE PLEASE PASS TO USTR FOR PBURKHEAD/JGROVES/RBAE
USDOC FOR ITA/MAC/OIPR - CPETERS
USDOC FOR 4231/ITA/OEENIS/NISD - CLUCYCK
COMMERCE PLEASE PASS TO USPTO AND CLDP
SOFIA FOR MLAMBERTI
E.O. 12958: DECL: N/A
TAGS: ETRD KIPR ECON UP
SUBJECT: SPECIAL 301 DEMARCHE: UKRAINIAN OFFICIALS
HIGHLIGHT KEY IPR PROBLEMS
REF: STATE 42733
SENSITIVE BUT UNCLASSIFIED; NOT FOR INTERNET PUBLICATION.
1. (U) Deputy Econ Counselor informed the GOU on April 29
that Ukraine would remain on the Watch List in this year's
Special 301 Report. We delivered reftel points to
Volodymyr Dmitrishin, Acting Chairman of the State
Department of Intellectual Property (SDIP, Ukraine's
coordinating agency for IPR issues),and Valentin
Chebotaryov, SDIP Deputy Chairman.
2. (U) Dmitrishin and Chebotaryov expressed their
appreciation for our bilateral cooperation on IPR issues.
Chebotaryov said that, while the GOU had not accomplished
everything it had hoped, there had been real progress on
IPR enforcement in recent years, as the Special 301 process
demonstrated. The GOU reps made substantive remarks on the
following issues:
Internet Piracy
--------------
3. (U) Chebotaryov asked for continued USG assistance and
cooperation to tackle internet piracy, which he described
as a priority for Ukraine. Chebotaryov said he thought
there needed to be an amendment to current laws in order to
ensure that internet service providers (ISPs) could be held
legally responsible for hosting pirated material.
Courts
--------------
4. (SBU) Chebotaryov identified the courts as a continued
source of problems on enforcement. He said that SDIP's
inspectors (who are quasi-law enforcement officials and do
inspections at large markets) were almost never satisfied
with the rulings handed down by judges in their cases.
Dmitrishin added that SDIP was still encouraging the
Supreme Court to hold a plenary session devoted to IPR, and
internet piracy in particular. (Comment: The lack of clear
guidance from the Supreme Court has long been a problem for
judicial enforcement of IP rights. We continue to
encourage the issuance of such guidance in appropriate
fora, such as USG-funded IPR workshops for judges. End
comment.)
Physical Piracy
--------------
5. (U) Chebotaryov expressed concern that the current
economic crisis in Ukraine would drive more consumers to
(cheaper) counterfeit goods. He also said SDIP was
frustrated that some rights holders continued to manage
their Ukraine business through Moscow, making it harder for
Ukrainian authorities to get the documents they needed to
prosecute piracy cases.
Software
--------------
6. (SBU) Chebotaryov recognized that the GOU had not done
enough to legalize its own software and expressed SDIP's
commitment to addressing the problem, noting that SDIP was
trying to lead by example by ensuring that 100 percent of
its own software was legal. Chebotaryov described the
problem as a "budget issue" and said that, due to the
government's budget crisis, progress would not come
quickly. He added that SDIP was developing a guide for
businesses to help them ensure that their software was
legal.
Holograms
--------------
7. (U) In response to our points on the need to improve
Ukraine's hologram sticker program for optical discs,
Chebotaryov said SDIP was committed to increasing the
system's transparency, in particular by allowing rights
holders access to all hologram applications. Chebotaryov
promised that SDIP would continue to work closely with
KYIV 00000776 002 OF 002
industry to make these changes.
Organizational Issues
--------------
8. (U) Dmitrishin noted that SDIP was examining possible
institutional changes to improve IPR enforcement, and asked
for more information on our National Intellectual Property
Rights Coordination Center, which could serve as a model
for Ukraine. (Comment: We have already provided some
background info on the IPR Center. We should also look for
a future opportunity for SDIP leadership to discuss
organizational issues with an ICE official from the IPR
Center. End comment.)
TAYLOR