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