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Cablegate: Update On Intellectual Property Issues:

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

UNCLAS SECTION 01 OF 05 ANKARA 007792

SIPDIS


DEPT FOR EB/TPP/MTA/IPC, EUR/SE
DEPT PASS USTR FOR LISA ERRION/BRIAN PECK
DEPT PASS LIBRARY OF CONGRESS
DEPT PASS USPTO FOR ELAINE WU/MICHAEL SMITH
DEPT PASS FDA
USDOC FOR ITA/MAC/DDEFALCO


SENSITIVE


E.O. 12958: N/A
TAGS: ETRD KIPR TU
SUBJECT: UPDATE ON INTELLECTUAL PROPERTY ISSUES:
COPYRIGHT LAW AND ENFORCEMENT


SUMMARY
-------


1. (U) THE CULTURE MINISTRY IS CONSIDERING AN ARRAY OF
LEGAL AMENDMENTS AND OTHER MEASURES AIMED AT COMBATING
COPYRIGHT PIRACY, INCLUDING A BAN ON STREET SALES OF
CULTURAL MATERIALS AND EMPOWERING THE POLICE TO ENFORCE
COPYRIGHT WITHOUT SPECIFIC PROMPTS FROM RIGHTHOLDERS.
THE MINISTRY REITERATED ITS INTENTION TO JOIN THE WIPO
INTERNET TREATIES, MAINTAINING THAT EXISTING COPYRIGHT
LEGISLATION IS ALREADY CONSISTENT WITH THE TREATIES'
HIGH STANDARDS. MANY OF THESE MEASURES HAVE BEEN UNDER
CONSIDERATION FOR SIX MONTHS, AND IT NOT CLEAR WHEN AND
TO WHAT DEGREE THEY WILL BE IMPLEMENTED. THE JUSTICE
MINISTRY TOLD US THAT IT HAS ASSIGNED NEWLY-TRAINED
JUDGES TO SPECIALIZED IPR COURTS, BUT BELIEVES FURTHER
TRAINING WOULD BE USEFUL IN COMBATING PIRACY. END
SUMMARY.


NEW ANTI-PIRACY MEASURES UNDER CONSIDERATION
--------------------------------------------


2. (SBU) Culture and Tourism Ministry Undersecretary
Mustafa Isen told Econ Counselor on November 18 that
Ministry officials had been consulting with industry
associations over the last six months to develop new
methods of combating copyright piracy. The Ministry had
decided to take a number of measures, including a ban on
street sales of "cultural materials" and making piracy a
public crime, e.g. empowering the police to take
enforcement action without a specific complaint from the
rightholder. Isen predicted that Parliament could act
on draft legislation as soon as the end of 2003.


3. (U) Diren Cakmak, of the Culture and Tourism
Ministry, was to make a presentation on copyright
protection in Turkey at the December Economic
Partnership Commission (EPC) meeting in Washington, but
time constraints did not permit her to do so. She
passed a copy of the presentation, reproduced in para 6,
to Econoff during the EPC. The presentation elaborates
on Turkish legislation and on new enforcement measures
under consideration. It claims a decrease in piracy
rates since 2001, when the copyright law was last
amended. The Ministry supports Turkish accession to the
WIPO Copyright and WIPO Performances and Phonograms
Treaties, but maintains that existing copyright law
fully implement the treaties. Note: The International
Intellectual Property Alliance does not share this view,
and believes amendments are needed to specifically
outlaw circumvention of technical measures to prevent
copying. End Note. Turkey completed domestic
procedures to bring the Berne and Rome Agreements into
force in October 2003.


4. (SBU) The new laws and enforcement measures under
consideration include: a ban on street sales of
"intellectual and artistic works"; a bill to empower the
police to confiscate pirated goods; a bill to classify
unauthorized duplicating and dissemination of copyright
materials as an organized crime; eliminating
nondeterrent penalties in the Cinema Law; introducing
more differentiated penalties for piracy; use of
standard codes, such as SID Codes, to control copies of
copyright material; licensing places which duplicate,
disseminate or sell copyright materials; a public
education campaign. In a followup discussion on
December 17, Cakmak told us that the Culture Ministry is
still consulting with the private sector on these
changes and that none has as yet been implemented.


5. (U) In a December 17 meeting, Ayse Saadet Arikan,
Director General for the EU at the Justice Ministry,
told us that IPR training for judges and other officials
is an important factor in improving enforcement. A
group of eight judges completed a yearlong training
program in Europe and have now been assigned to
specialized IPR courts in Istanbul, Ankara and Izmir.
She said that further training would be very helpful in
upgrading the competency of judges in this area.


6. (SBU) Begin Text Culture and Tourism Ministry
Presentation:


GENERAL DIRECTORATE OF COPYRIGHT AND CINEMA


"FIELD OF COPYRIGHT AND RELATED RIGHTS"


represented by DIREN CAKMAK


December 2003


In the fast-moving global economy of the 21st century,
the importance of copyright and related rights in
business life is increasing constantly. It is known that
respect for copyright and related rights is of benefit
not only to creators but to society as a whole.
Countries which convert their creative resources into
economic assets are capable of generating wealth.
Therefore the legislative arrangements realized in the
past and the legislative arrangements and
implementations that will be realized in near future
by Ministry of Culture and Tourism in the field of
copyright and related rights will lead Turkey toward
effective participation in the global economy.
In Turkey, arrangements related to moral and financial
rights of authors of intellectual and artistic works
and criminal sanctions to be forced in the case of
infringement thereof are stated within the scope of Law
no. 5846 on Intellectual and Artistic Works dated 1951.
So far three amendments have been made within the law
concerned. Last amendment was made with the Law no. 4630
in the year 2001. The Law on Intellectual and Artistic
Works complies with EU Council Directives, Bern and Rome
Conventions, WIPO Copyright and WIPO Performances and
Phonograms Treaties and TRIPS Agreement.


Possible questions and replies are listed below:


Question: Law on Intellectual and Artistic Works needs
further amendment with respect to copyright in the
information society, sui generis database protection,,
artists' resale rights and rental rights.


Reply: *The Law on Intellectual and Artistic Works will
be amended, studies on Draft Bill has not yet finished
but with this amendment it is aimed;
-- to provide sui generis protection for databases
-- to make responsible both service and content
providers of the transmission of copyrighted works
through Internet without consent of right holder,
-- to provide giving shares from the sale values of fine
arts.


*The decree on giving shares from the sale values of
fine arts will be in force as soon as possible.


*The principles related with the applications regarding
artists' resale and rental rights will be determined by
the regulation to be in force as soon as possible.


Question: The process of accession to the WIPO
Copyright Treaty and WIPO Performances and Phonograms
Treaty is still pending. The same applies to the Rome
and Bern Agreements which were ratified in 1996 but
never published in the Turkish Official Gazette.


Reply: *The Bern and Rome Agreements were published in
the Turkish Official Gazette in October 2003.


*Law on Intellectual and Artistic Works is in full
compliance with the WIPO Copyright Treaty and WIPO
Performances and Phonograms Treaty and it is aimed to be
party to the WIPO Copyrights Treaty and WIPO
Performances and Phonograms Treaty as soon as possible.


Question: Piracy and counterfeiting remains a serious
problem in Turkey


Reply: *Level of piracy and infringement in
intellectual and artistic works is declining.


*Piracy Levels In Intellectual and Artistic Works
Sectors Before and After 2001 (Sector, Percent Before
2001, Percent After 2001)
(Last amendment in Law on Intellectual and Artistic
Works was made in the year 2001)


CINEMA 85 40
MUSIC 65 35
SOFTWARE 95 50
BOOK 50 40


*Ministry of Culture and Tourism combats with piracy in
a consistent and strong manner. Therefore within the
framework of combat with piracy, it is aimed to make
legal arrangements in the Law on Municipality, Law on
Municipality Revenue, Law on Combat with Smuggling, Law
on Rights and Duties of the Police Officials, Law on
Combat with Organizations of Organized Crime, Law on
Cinema, Video and Musical Works;


1-With the legal arrangement that will be made in the
Law on Municipality and Law on Municipality Revenue; it
is aimed to ban the sale of intellectual and artistic
works on the streets.


2-With the legal arrangement that will be made in the
Law on Combat with Smuggling; it is aimed to stop the
exportation and importation of the pirated copies of
intellectual and artistic works.


3-With the legal arrangement that will be made in the
Law on Rights and Duties of the Police Officials; it is
aimed to make police officials take action by
confiscating the pirated copies of intellectual and
artistic works and sending them to the public prosecutor
with the notice of crime.


4-With the legal arrangement that will be made in the
Law on Combat with Organizations of Organized Crime; it
is aimed to name to duplicate and disseminate the
copies of intellectual and artistic works without the
consent of the right owner as organized crime.


5-With the legal arrangement that will be made in the
Law on Cinema, Video and Musical Works; it is aimed to
abolish the provisions of ineffective penalties which
are far away from being deterrent.


*Moreover, Law on Intellectual and Artistic Works will
be amended, studies on Draft Bill has not yet finished
but with this amendment it is aimed;
-- to make compulsory the usage of international
standard codes such as SID Code or ISRC or ISBN etc. for
copies of intellectual and artistic works.
-- to create a system of applicable penalties such as
stepped penalties.
-- to control the places which duplicate or disseminate
or distribute or sell the copies of intellectual and
artistic works by classifying and giving them
certificates and inspecting these places frequently.
-- to revise the existing registration system which is
still applied to the cinematographic and musical works.
It is planned that all the forms and documents used
during the registration will be rearranged and the
registration system will be planned in terms of the
direct right ownership.
-- to form the on-demand registration system in other
intellectual and artistic work groups. With this system,
all the information related to the works and to the
authority of usage of financial rights of authors and
other right owners will be taken under registration in
detail.


Question: The Turkish Ministry of Culture and Tourism
established enforcement committees in all 81 provinces
of Turkey in 2002. But the fight against piracy is still
not effective as suggested by the high level of
infringements and the low number of court cases and
sanctions applied to offenders.


Reply: *Anti-piracy inspection commissions detected
great number of pirated materials including tangible
copies of entertainment and business software,
cinematographic and musical works and books in the year
2003 and also hundreds of people have been prosecuted.


*Anti-piracy inspection commissions perform their
inspections during daylight and after working hours such
as at midnight. It is aimed;
-- to overcome the need for financial resources such as
technical equipment, office rents, expenses of
inspection etc. paying special attendance to the cities
where piracy is widespread.
-- to establish a Provincial Inspection Coordination
Unit in which the representatives of cinema, music,
software and publication sectors are included as well as
the representatives of Ministry of Culture and Tourism
and the collecting societies.
-- to provide cooperation and instant information access
by developing the software used and spread the usage of
this software in the cities.


Question: Administrative capacity should be
strengthened with more inter-institutional co-operation
between Ministry of Culture and Tourism and other
ministries and the judiciary.


Reply: *Besides the participation of the Ministry of
Culture and Tourism, the regular participation of
representatives of Ministry of Internal Affairs,
Ministry of Finance and collecting societies to the
inspections of anti-piracy inspection commissions is
necessary. Therefore it is aimed to accelerate
coordination and communication between Ministry of
Culture and other ministries and collecting societies in
order to combat with piracy.


*Turkish people generally find unfair that the judiciary
charge both fine and prison penalties in all cases of
infringement and piracy. So it is planned;
-- to adopt the physical piracy as public crime.
-- to differentiate the end seller and producer of
pirated goods and charge different penalties according
to the feature of the crime.
-- to differentiate the crime for the first time and
the repetition of the crime in the scope of charging
penalties.
-- to create a system of applicable penalties such as
stepped penalties.


Question: The awareness raising campaigns in the field
of copyright and related rights have not led to any
significant visibility or impact.


Reply: Regarding that it is necessary to inform the
public opinion about the importance of copyright and
related rights;
-- Ministry of Culture and Tourism has prepared several
spot movies within the framework of combating against
piracy. These movies are shown in TV channels and in
cinema saloons.
-- Several meetings realized by Ministry of Culture and
Tourism with the title of combating against piracy in
which representatives of collecting societies and
related sectors attended.
-- Ministry of Culture and Tourism continues to support
the infrastructure and technical equipment projects and
to strengthen the collecting societies by means of
administrative, financial and legal ways.
-- It is aimed to continue the studies to inform
judicial milieu.
-- Ministry of Culture and Tourism will get into contact
with Ministry of National Education to make students
celebrate World Intellectual Property Day on every 26
April.
-- Ministry of Culture is planning to have prepared
entertainment software for the children within the
framework of combating against piracy.
-- A campaign named "Respect to Copyright and Related
Rights" will be started as soon as possible. With this
campaign, it is planned;
-- to organize "No to consume pirated copies of
intellectual and artistic works" concerts.
-- to make famous artists, musicians, novelists,
columnists etc. give speeches to people in public places
in 81 provinces within the framework of consumption
of original copies of intellectual and artistic works.


Question: Establishment of an institute in the field of
copyright and related rights.


Reply: Sectors of intellectual and artistic works
supported in the past and they still support the
establishment of an institute, either dependent to the
Ministry of Culture and Tourism or independent, in the
field of copyright and related rights. Establishment of
this institute will be reconsidered after the studies in
restructuring the state are finished.


Establishment of an environment in which the respect to
copyright and related rights is provided forms the
essence to capture the value of creativity and knowledge
to promote both economic and cultural development.
Therefore Turkey continues to implement sound copyright
and related rights policy.


End Text.


Edelman

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