Cablegate: Letter From Ministe of Trade Tuyen Re Term of Copyright

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RR RUEHCHI RUEHFK RUEHHM RUEHKSO RUEHPB
DE RUEHHI #2543 2780801
ZNR UUUUU ZZH
R 050801Z OCT 06
FM AMEMBASSY HANOI
TO RUEHC/SESTATE WASHDC 3597
INFO RUEHHM/AMCONSUL HO CHI MIH 1916
RUEATRS/DEPT OF TREASURY WASHINGTON DC
UEHGV/USMISSION GENEVA 1130

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RUCPDOC/DEPT OF COMMRCE WASHINGTON DC
RUEHRC/DEPT OF AGRICULTURE WASINGTON DC
RUEAIIA/CIA WASHINGTON DC
RHEHNSC/NATONAL SECURITY COUNCIL WASHINGTON DC
RUEHZU/ASIANPACIFIC ECONOMIC COOPERATION

UNCLAS HANOI 02543

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STATE FOR EAP/MLS AND EB/TPP/BTA/ANA
STAE PASS USTR DAVID BISBEE

COMMERCE FOR 4431/MAC/A/OPB/VLC/HPPHO
TREASURY FOR OASIA

SENSITIVE BU UNCLASSIFIED
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E.O. 12958: N/A
TAGS: CON ETRD KIPR VM
SUBJECT: LETTER FROM MINISTE OF TRADE TUYEN RE TERM OF COPYRIGHT
PROTECTION

SENSITIVE - DO NOT POST ON INTERNET

1. Summay: Embassy received the letter below, dated October 2,
2006, from Minister of Trade Truong Dinh Tuyen to USTR Susan Schwab.
The letter confirms that Vietnam will grant U.S. nationals at least
75 years of copyright protection in accordance with the provisions
of our Bilateral Trade Agreement. End Summary.

2. Begin text:

The Honorable Susan C. Schwab
U.S. Trade Representative
Washington, DC 20508

Dear Ambassador Schwab,

During the course of discussions on Vietnam's accession to the World
Trade Organization (WTO), the U.S. delegation has raised the issue
of the term of protection for works under copyright that Vietnam
will provide to U.S. nationals after Vietnam becomes a WTO member.
In those negotiations, the Government of Vietnam has taken the
position that Article 4(b) of the Agreement on Trade-Related Aspects
of Intellectual Property Rights permits Members to apply different
terms of protection for works based on international agreements and
the principle of reciprocity.

The Government of Vietnam is pleased to confirm that it will
continue to provide to the nationals of the United States at least
seventy-five (75) years of copyright protection for works as
provided for in Article 4.4 of the United States -Vietnam Bilateral
Trade Agreement (BTA). In the BTA, both Parties agreed to provide
this minimum term of protection. Further, as provided in Article
5.3 of the Intellectual Property Law (2005), where the provisions
such of an international treaty (such as the BTA) contravene the
Intellectual Property Law, the provisions of the international
treaty shall apply. In the event U.S. nationals experience
difficulty in obtaining recognition and enforcement of a 75- year
term of copyright protection for works, Vietnam will undertake to
clarify this obligation, through appropriate legal instruments.

I hope that this clarifies the situation regarding the term of
protection that Vietnam will provide to U.S. nationals and that
nationals of Vietnam receive in the United States. As this is the
issue of bilateral commitment, I suggest that this provision not be
granted to other members of the WTO.

Sincerely,

Truong Dinh Tuyen
Minister of Trade
The Socialist Republic of Vietnam
End text.
ALOISI

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