Cablegate: Post Comments On Special 301

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS ANKARA 006847

SIPDIS

DEPT FOR EB/TPP/MTA/IPC AND EUR/SE
DEPT PASS USTR FOR CNOVELLI/MWU/LERRION
DEPT PASS LIBRARY OF CONGRESS
DEPT PASS USPTO FOR ELAINE WU
USDOC FOR ITA/MAC/DDEFALCO

SENSITIVE

E.O. 12958: N/A
TAGS: ETRD KIPR TU
SUBJECT: Post Comments on Special 301

Ref: Ankara 6068

1. (U) This cable contains action requests in para 4.

2. (U) Embassy understands that PhRMA requested an Out-
of-Cycle (OCR) Special 301 review of Turkey over the
GOT's failure to implement data exclusivity, the
proposed exclusion of pharmaceuticals from patent
protection, and other concerns.

3. (SBU) Post agrees that there has been no improvement
in intellectual property protection for research-based
drug companies, and that the USG needs to find a way to
ratchet up the pressure on the GOT. Prior to initiating
an OCR, post believes that it would be more effective
for Washington agencies to engage with the GOT on this
issue:

-- The Embassy has undertaken sustained lobbying on
these issues at senior levels, but we believe that
Washington agencies have still not laid the groundwork
for a change in Turkey's position on the Special 301
Watch List (see action request in para 4);

-- We have emphasized for the GOT that we see the
upcoming Economic Partnership Commission (EPC) as an
opportunity for the Turks to demonstrate progress on
investment climate issues, including IPR. The EPC,
scheduled for December 2 and 3 in Washington, could
motivate the Turks to address pharmaceutical industry
problems;

-- An OCR would presumably not accelerate the Special
301 process for Turkey by more than a few months, as the
regular cycle decision is due at the end of April;

-- We should not do an OCR in the absence of a consensus
for elevating Turkey in the Special 301 Watch Lists. If
an OCR were completed without a change in the country's
status, it would send a mixed signal to the GOT on the
priority we accord to IPR protection.

4. (SBU) Recommendations and Action Requests: Embassy
urges Washington agencies to engage the GOT on
pharmaceuticals issues. This could include dispatching
a senior IPR delegation from USTR and/or other USG
agencies to Ankara, and high-level correspondence, such
as a joint letter from USTR Zoellick and Commerce
Secretary Evans to State Minister Tuzmen. Additionally,

SIPDIS
the priority of EU accession in Turkey's foreign policy
makes it more likely that the Turks will take our IPR
message seriously if U.S. and EU diplomats make a joint
approach. Embassy requested instructions in September
(reftel) to do such a demarche. We encourage Washington
to provide these as soon as possible.
Edelman

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