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Cablegate: Workshop Hosted by Embassy Advances Mutual Interests Of

VZCZCXYZ0004
RR RUEHWEB

DE RUEHBU #1720/01 2421524
ZNR UUUUU ZZH
R 301524Z AUG 07
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC 9085
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEHAC/AMEMBASSY ASUNCION 6504
RUEHMN/AMEMBASSY MONTEVIDEO 6707
RUEHSG/AMEMBASSY SANTIAGO 0728
RUEHBR/AMEMBASSY BRASILIA 6361
RUEHLP/AMEMBASSY LA PAZ AUG SAO PAULO 3505
RUEHRI/AMCONSUL RIO DE JANEIRO 2338

UNCLAS BUENOS AIRES 001720

SIPDIS

SIPDIS
SENSITIVE

EB/TPP/IPE FOR JBOGER, RWALLACE AND RWATTS
INL FOR JVIGIL
DEPT PLS PASS TO USTR JENNIFER CHOE GROVES, KATHARINE DUCKWORTH
DEPARTMENT OF JUSTICE FOR OPDAT (ROBERT LIPMAN)
DOC/ITA/MAC/OIPR FOR CATHERINE PETERS
PLEASE PASS TO USPTO JURBAN AND LOC STEPP
TREASURY FOR ROSELLEN ALBANO

E.O. 12958: N/A
TAGS: KIPR ECON AR
SUBJECT: WORKSHOP HOSTED BY EMBASSY ADVANCES MUTUAL INTERESTS OF
ARGENTINA AND THE U.S. IN COMBATING IPR VIOLATIONS

Ref: Buenos Aires 750

-------
SUMMARY
-------

1. (SBU) Embassy Buenos Aires hosted a successful workshop, led by
the U.S. Department of Justice's Office of Overseas Prosecutorial
Development, Assistance and Training (DOJ/OPDAT), to facilitate the
drafting by Argentine government officials from eight separate GoA
entities and private sector representatives of a manual of best
practices to combat intellectual property rights (IPR) violations.
The workshop is a key deliverable in Post's IPR action plan.
Participants also heard from several speakers representing
Argentina's creative industries, and discussed Argentina's IPR
challenges with the Ambassador. One result of the workshop was the
creation of a draft manual on best practices for combating IPR
violations in Argentina - a draft which participants committed to
continue to revise and improve and which will eventually be
published and distributed with Post/INL assistance. The workshop
also launched the first public/private IPR working group in the
history of Argentina, one which has the potential to have a concrete
impact on counterfeiting and piracy in Argentina. End Summary.

------------
MANUAL LABOR
------------

2. (SBU) Embassy Buenos Aires hosted an August 14-16, 2007 workshop
to facilitate the drafting by Argentine government officials and
private sector representatives of a manual of best practice
techniques to combat intellectual property rights (IPR) violations.
The results were a working draft of a manual and a broad agreement
by the participants to form an Argentine IP working group. The
workshop was designed and led by a DOJ/OPDAT Program Manager and his
training team. The draft manual created during the workshop was
specific to Argentina and reflected the broad experience and
knowledge of the workshop participants. Once finalized and
published, this "best practices" manual can be used as a resource by
all Argentine prosecutors and investigators handling IPR cases. The
conference, along with the subsequent publishing of the manual, is a
key deliverable in Post's strategic IPR plan (reftel). The
Argentine participants in the program included a federal criminal
judge, prosecutors (federal and from the province and city of Buenos
Aires), investigators from the Gendarmeria and Prefectura Naval, tax
and customs authorities, private attorneys who work on IP issues,
and representatives of private sector organizations interested in
improved IP protection. Because of the high level of piracy-related
crimes in the Tri-Border Area (where Argentina, Paraguay and Brazil
share borders), Post arranged for both an Argentine customs official
and an official in an Argentine prosecutor's office from that region
to participate in the workshop.

3. (SBU) After a preliminary discussion about the importance of
protecting intellectual property rights, the participants were
divided into three teams and began to draft the manual. Each team
was given a specific section to work on (intelligence gathering,
investigation procedures and techniques, and possible charges and
defenses against those charges). The teams worked separately to
brainstorm, draft and refine their sections until a first draft was
created. Once each team completed a draft, it was distributed to
the other teams for editing, revision and additions. When the
sections were put together, the draft was reviewed by the entire
group at the end of the program.

----------------------------
EMPHASIZING MUTUAL INTERESTS
----------------------------

4. (SBU) To help participants realize the scope of the toll of IPR
violations on Argentina, the workshop was complemented by
presentations by representatives of two of Argentina's most
prominent creative industries -- music and film. One speaker was


Charly Alberti, drummer of famed Argentine rock group Soda Stereo,
who noted that "A society that doesn't protect intellectual property
is a society that doesn't encourage thinking, and therefore will not
be able to evolve." Carlos Mentasti, part owner of Sono Argentina
film studio and a movie producer, spoke about the significant number
of persons employed in the production of a film. The final speaker
was the Ambassador, who discussed with participants their work on
the manual and their perspectives on IPR protection in Argentina.
The Econ section also hosted a reception which allowed the
participants to meet members of Post's law enforcement agencies
(LegAtt and DEA) and the Political section - an important
opportunity, as most of the GoA participants have responsibilities
that extend beyond IP.

--------------------------------------------- ---
APPLYING LESSONS LEARNED FROM THE AL CAPONE CASE
--------------------------------------------- ---

5. (SBU) The second result of the workshop was the formation of an
intellectual property working group. The DOJ/OPDAT team explained
at length that if law enforcement was going to be successful in
complex cases, law enforcement officials (prosecutors, police, etc.)
needed to work as partners during the investigation and prosecution.
The DOJ/OPDAT team also pointed out that to make optimal use of the
draft best practices manual the participants of the workshop would
need to continue to meet to review and refine the manual so that it
would be good enough to use both as a law enforcement and training
tool. The OPDAT team then encouraged the participants to pick a
date, a time, and a place to meet as a working group - and the
participants did so. In addition, the participants agreed that
their first working group meeting could go beyond the manual into
other areas of cooperation on intellectual property crimes and
issues. The first working group meeting will be held on September 5
and will be hosted by the federal judge who participated in the
workshop. In addition, as suggested by the DOJ/OPDAT training team,
the participants decided to thereafter meet monthly as a working
group.

6. (SBU) Cooperation among government entities in Argentina on IP
enforcement has long been lacking, and the increased efficiency and
effectiveness that could result from the working group is
potentially widespread. Post is not aware of any prior public (and
multi-agency)/private IPR working group in Argentina. The level of
enthusiasm about the workshop was encouraging. Indeed, AFIP (the
Argentine tax authority) officials, though recognizing that they
traditionally have not had a direct role in IPR enforcement,
requested and received Post's invitation and sent two tax auditors
to the workshop, and both the Argentine Customs service and the
Prefectura sent more participants than anticipated. It was
DOJ/OPDAT that encouraged Post to invite to the workshop all
potentially relevant agencies because a multi-disciplinary approach
is often the best approach to combating IPR crime. As pointed out
during the workshop by the OPDAT team, Al Capone went to prison on
tax offenses, illustrating that a multi-disciplinary approach, one
that includes tax investigators, is often the best approach when
investigating and prosecuting complex crimes.

----------
NEXT STEPS
----------

7. (SBU) It is anticipated that participants in the workshop, and
their colleagues, will over the coming weeks continue to expand and
improve the manual. When this working group deems the manual ready
for initial distribution, Post expects to publish several hundred
copies (with INL funds) and begin to distribute them to prosecutors
and investigators throughout Argentina. Ideally, some of the
recipients of the manual will contribute their ideas and suggestions
to the manual, so that it will continue to improve over time and be
made more relevant to each entity using it as a tool - for
investigations, prosecutions, or training. The working group will
be an ideal forum to continue that process, and will also facilitate
coordination between the different GoA enforcement agencies, as


several workshop participants noted to Emboffs and the DOJ
coordinators that there was a need for increased cooperation and
communication between their agencies.

-------
COMMENT
-------

8. (SBU) Argentina's 13-year tenure on the Special 301 Priority
Watch List is attributable in no small part to the widespread
availability of pirated and counterfeit products, which our 301
report says "calls for stronger IPR enforcement actions." This
manual stands to make investigations and prosecutions of criminal
cases more efficient and effective and so is a step on that path.
Armed with written guidance on enforcement procedures -- in the form
of a "best practices" manual drafted by and for Argentina's own
experts on combating IPR violations -- the GoA's law enforcement
community will be better positioned to do more with the limited
resources dedicated to this problem. While the newly-created manual
and the newly-formed working group don't address the political issue
of Argentina dedicating more resources to fight IP violations (an
option Post considers unlikely, given the current high level of
public concern about other crimes), combined, the manual and the
working group are likely to have a synergetic effect that makes it
possible for the GoA to accomplish more in the area of IP
enforcement without additional resources. The working group - given
its broad GoA participation, and input from the private sector -
might, in time, be the perfect vehicle to effect concrete
improvement in IPR enforcement at national and local levels in
Argentina.

9. (U) This cable was cleared by the DOJ/OPDAT workshop
coordinators.

-------------
REPLICABILITY
-------------

10. (U) The success of this program was a direct result of the fact
that, from its inception, it was planned and implemented as a
partnership involving the State Department (INL and Post) and
DOJ/OPDAT. The technical assistance techniques used in this program
can be applied to a variety of crimes affecting U.S. interests, such
as financial crimes (including corruption), crimes involving
intellectual property, and human trafficking. Posts interested in
implementing a program of this nature may wish to contact AmEmbassy
Buenos Aires EconOff (Brian Jensen at 54-11-5777-4403,
JensenBD@state.gov) or DOJ/OPDAT (Robert Lipman at (202) 514-0950,
Robert.Lipman@usdoj.gov).

WAYNE

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