VZCZCXYZ0059
RR RUEHWEB
DE RUEHMD #2305/01 3621804
ZNR UUUUU ZZH
R 281804Z DEC 07
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC 4012
INFO RUEHBS/USEU BRUSSELS
UNCLAS MADRID 002305
SIPDIS
SIPDIS
STATE FOR EB/TPP/IPE (JURBAN, JBOGER) AND EUR/WE (ESAMSON0
STATE PASS USTR (JGROVES, CWILSON)
STATE PASS COMMERCE (ITA - DCALVERT)
STATE PASS USPTO (MSHAPIRO)
STATE PASS U.S. COPYRIGHT OFFICE (MSKELTON)
E.O. 12958: N/A
TAGS: KIPR ECON ETRD SP
SUBJECT: SPAIN INTELLECTUAL PROPERTY RIGHTS (IPR) STRATEGY
REF: BOGER-SCHONANDER 12/6/07 E-MAIL
1. (SBU) This message is sensitive but unclassified and not
for internet distribution.
2. (SBU) Summary: Given the USG's Special 301-related
concerns with respect to the protection of copyrighted
materials in Spain, the Embassy has developed a short, medium
and long-term IPR strategy for Spain. The strategy is by no
means exhaustive and is subject to continual review and
suggestions, including from Washington agencies, but the
strategy does provide something of a roadmap for where we
want to go and how. While Embassy Madrid acknowledges modest
efforts by the government to protect copyrighted materials,
more needs to be done. Our strategy will required continued
constant high-level Embassy attention to this matter and
occasional help from Washington agencies over the coming
three to four years. End Summary
COPYRIGHT PROTECTION PROGRESS REPORT
------------------------------------
3. (SBU) For the first time, the GOS has asked Internet
Service Providers (ISPs) to table a specific proposal for
dealing with illegal internet downloads. Until now, the GOS
has limited itself to brokering meetings between ISPs and
content provider representatives. The GOS has sent a letter
to the Spanish Restaurant and Bar Association proposing an
agreement to deal with sales of pirated products in bars and
restaurants. In March 2007, the GOS released a report on the
economic value of cultural products, thereby justifying the
public case for protection. In 2007, there have been
multiple police actions against pirates, including operators
of websites trafficking in pirated products. The GOS notes
that a number of these websites receive technical support in
the U.S. Content provider representatives continue to
express appreciation for police actions against pirates. On
November 7-8, 2007, the government organized a well-attended
IPR conference in Madrid. However, there is no functioning
notice and takedown system for the internet. With more and
more Spaniards enjoying broadband internet access, the number
of illegal movie and music downloads will likely continue to
increase. Street sales of pirated products remain high. The
judiciary often does not act as aggressively against IPR
pirates as is warranted. The Justice Ministry circular
effectively decriminalizing not for profit, i.e. "consumer",
peer to peer file sharing on the internet remains on the
books.
SHORT, MEDIUM AND
LONG-TERM IPR STRATEGY
----------------------
4. (SBU) Our short-term strategy runs from now until the
March 9, 2008 parliamentary elections. There is no prospect
of legislative achievements between now and the elections.
Progress will have to be measured by action undertaken by the
executive alone. Embassy intends to conduct the following
activities.
a) DCM will meet in January with the Secretaries of State for
Industry, Culture and Justice.
b) DCM will meet in January with PP economic platform
coordinator Juan Costa to emphasize the importance of
IPR issues to the USG.
c) Econ and Commercial Service will meet in January or
February with Telefonica lawyers to understand better the
views of Spain's dominant ISP and discuss notice and
takedown.
d) We will take advantage of USPTO Senior Counsel Michael
Shapiro's February trip to Spain to have him talk to
GOS officials and, scheduling permitting, members of the
Spanish judiciary.
e) Econ will meet in February/March with stakeholders and
ascertain opinions on Special 301 watchlisting.
f) Econ/CS will use expected February visit of Commerce DAS
for Europe to engage GOS officials on IPR matters.
5. (SBU) Our medium-term strategy runs from the March
elections until the end of 2008. Our assumption is that a
new government has about a year to get unpopular measures
approved.
a) Ambassadorial meetings in March/April with GOS officials
on IPR.
b) DCM meetings with GOS officials in March/April on IPR.
c) Ambassadorial recommendation on Special 301 watchlisting.
d) Econ to work with PA on International Visitor programs and
judge-to-judge exchanges.
e) Econ work to persuade GOS to adopt a functioning notice
system prior to August 2008 holidays. Our
assumption is that the GOS can start with notice, see how
that works and then tackle takedown.
f) Ambassador hosts Minister of Industry for lunch with
stakeholders - copyright protection on the agenda.
g) Urge GOS to incorporate explicitly improved IPR protection
in achieving Spain's strategic objective of
raising private sector investment in research and
development.
6. (SBU) Our long-term strategy runs from 2009 until the end
of the next government's mandate in 2012.
a) Continued front-office emphasis on IPR issues.
b) Engage with USEU Brussels on planned EU draft directive on
"Creative Content Online" - ensure directive
correctly transposed in Spain.
c) Bring USG speakers to Spain on IPR.
d) Consider GOS mission to the U.S. to study the
possibilities that legal e-business offers.
e) Encourage visit by U.S. Trade Representative to Spain.
AGUIRRE