Uzbekistan: Positive Signals on IPR

UNCLAS TASHKENT 000054

SENSITIVE
SIPDIS
DEPARTMENT FOR SCA/CEN, EEB/TPP/IPE
PASS TO USTR

E.O. 12958: N/A
TAGS: ECON EINT KIPR UZ
SUBJECT: Uzbekistan: Positive Signals on IPR

REF: 08 TASHKENT 239; 09 TASHKENT 235; 09 TASHKENT 1621


1. (SBU) Summary: A reliable contact responsible for Intellectual
Property (IPR) issues in the Cabinet of Ministers of Uzbekistan
reported on January 11 that the Uzbek Copyright Agency (UCA) plans
to introduce a draft law on removal of Uzbekistan's reservation to
Article 18 of Bern Convention in early February. Work on
introducing changes to the criminal code on penalties and granting
border guards ex-officio actions has been delayed, but work is
expected to resume within the next month. These are positive signs
that Uzbekistan is beginning to move in the right direction on IPR
issues following years of inaction. End Summary.




2. (SBU) Post recently got an update on IPR issues from Alisher
Hafizov, the point person in the Uzbek Cabinet of Ministers on IPR
issues. Hafizov said that action was pending on two issues that
have been of particular concern to the United States: Removal of
GOU's reservation on Article 18 of Bern Convention; and introducing
changes to Criminal Code on penalties and granting ex-officio
actions to border guards.




3. (SBU) Hafizov informed us that GOU started a procedure to remove
its reservation to Article 18 of the Bern Convention, which had
already been discussed and approved by all related GOU agencies. A
draft law is currently being circulated for review with a view to
submitting it to the Parliament in early February. Concerning
changes to the Criminal and administrative Codes, Hafizov noted
that there has been some delay in the progress of drafting new
legislation due to recent administrative changes, but that he
expects a draft law to circulate within the next couple of months.




4. (SBU) Uzbekistan has maintained a long-standing position of
developing IPR legislation in accordance with the requirements and
standards of the WTO's Agreement on Trade Aspects of Intellectual
Property. However, efforts have been half-hearted and IPR issues
have generally gotten short shrift from a government more focused
on more basic aspects of economic development. In the summer of
2006 the GOU finally adopted a law on copyrights and allied rights,
which created the legal framework for further IPR development and
enforcement in Uzbekistan. The law also aimed to bring Uzbekistan
into compliance with the Bern Convention on Protection of
Literature and Art Products. When it joined the Bern Convention,
however, Uzbekistan did so with caveats on Article 18 (ref A).




5. (SBU) Since 2006 the UCA has acted in accordance with the 2006
IPR law and several other regulatory documents issued in 2007 and

2008. The UCA is doing its best to keep IPR issues on the GOU's
agenda with the goal of improving both legislation and enforcement,
but acknowledges that imperfect legislation makes it hard to fight
counterfeiting.




6. (SBU) Comment: Although progress on IPR in Uzbekistan has been
slow, we are now seeing what appears to be a sustained commitment
to begin bringing the country into compliance with international
norms. Furthermore, our interlocutors have indicated a high degree
of openness to cooperation with the U.S. on IPR issues, requesting
on several occasions technical assistance and training to improve
their capacity. We believe there is an opportunity to leverage this
opening on IPR, giving further support to the view that such an
approach will accomplish more to improve the protection of IPR in
Uzbekistan than rescinding GSP eligibility.
NORLAND