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Cablegate: China/Ipr: Ambassador's Sixth Ipr Roundtable

VZCZCXRO1882
OO RUEHCN RUEHGH
DE RUEHBJ #7192/12 3250642
ZNR UUUUU ZZH
O 210642Z NOV 07
FM AMEMBASSY BEIJING
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3578
INFO RUEHCN/AMCONSUL CHENGDU 8827
RUEHGZ/AMCONSUL GUANGZHOU 3660
RUEHGH/AMCONSUL SHANGHAI 8689
RUEHSH/AMCONSUL SHENYANG 8480
RUEHHK/AMCONSUL HONG KONG 9850
RUEHIN/AIT TAIPEI 6745
RUEHKO/AMEMBASSY TOKYO 1685
RUEHUL/AMEMBASSY SEOUL 0434
RUEHMO/AMEMBASSY MOSCOW 8863
RUEHGV/USMISSION GENEVA 2041
RUEAHLC/DHS WASHDC
RUCPDOC/USDOC WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
RHMCSUU/FBI WASHINGTON DC

UNCLAS SECTION 12 OF 14 BEIJING 00792

SIPDIS

State for EAP/CM - JYamomoto and EB/IP - EFelsing
State for INL - JVigil
USTR for hina Office - AWinter; IPR Office - RBae;
and OCG - SMcCoy
Commerce for National Coordinator for IPR Enforcement
Commerce for CIsrael
Commerce for MAC 3204/LRigoli, ESzymanski
Comere for MAC 3043/McQueen
Commerce for MAC 302/SWilson, JYoung
Commerce for NWinetke
LOCCopyright Office - MPoor
USPTO for Int'l Affars - LBoland, EWu
DOJ for CCIPS - MDubose
DJ for SChembtob
FTC for Blumenthal
FBI for LBryant
DHS/ICE for IPR Center - Dfaulconer, TRandazzo
DHS/CBP for IPR Rights Branch - GMacray, PPizzeck
ITC for LLevine, LSchlitt

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: ETRD KIPR ECON WTRO PGOV CH
SUBJECT: CHINA/IPR: AMBASSADOR'S SIXTH IPR ROUNDTABLE

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BEIJING 00000792 012 OF 014


cooperation throughout the region is the key to IPR
enforcement success.

30. (SBU) Tom Hipelius from the Department of Homeland
Security (DHS) Immigration and Customs Enforcement IPR
Coordination Center noted substantial improvement in
cooperation with Chinese law enforcement agencies. He
pointed out that, whereas written requests for
meetings with Chinese counterparts went unanswered in
2001, by 2004 the two governments were carrying out
joint undercover operations. He noted particular
successes in the case of Vincent Ku, who was selling
counterfeit Microsoft products, as well as a
pharmaceutical case codenamed Ocean Crossing. DHS
Customs and Border Patrol's (CBP) Steve Thomas
reported 14,675 IPR seizures in 2006, noting that 81
percent of IPR border seizures were from shipments
originating in China. He underscored CBP's positive
working relationship with the General Administration
of Customs of China (GACC) and other Chinese agencies.
Thomas added that CBP and GACC had signed an IPR
memorandum of understanding that became effective in
June, allowing for more information sharing on IPR
seizures.

Initial Feedback from Attendees
-------------------------------

31. (SBU) Direct and indirect feedback via surveys,
blogs, and web postings give a fairly comprehensive
account of the success of this year's Roundtable and
ongoing challenges in protecting IPR. Attendees
generally ranked the roundtable as "highly valuable"
to them, noting in particular the utility of a forum
to educate the United States Mission on how to better
support industry. Attendees also offered that
recommending practical steps to support rights holders
was a challenging, useful exercise that prompted
follow-up in their own organizations. One association
has reportedly already suggested to the Ministry of
Public Security how to coordinate more closely on
criminal copyright enforcement cases -- in effect, a
first practical consequence of the IPR Roundtable.

34. (SBU) The Mission's initial analysis shows a
consistent message from industry: there continues to
be a compelling need for increased interagency
cooperation and coordination in IPR issues, including
cooperation with legislative and judicial branches.
Also, many industry participants openly criticized the
United States Government's WTO case, suggesting that
it undercuts their efforts to improve enforcement by
working with IPR officials. One trade association
representative said they saw "little purpose" in
visiting Beijing because of the WTO case, while others
explained that their China budgets had been cut, thus
precluding their attendance. This new dynamic on IPR


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