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Cablegate: Recommendations for 301 Review: Intellectual

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

UNCLAS ZAGREB 000288

SIPDIS


SENSITIVE

STATE FOR EB/IPC AND EUR/SCE

USTR FOR MARK WU AND LISA ERRION

USDOC FOR 4232/ITA/MAC/EUR/MROGERS

USDOC FOR 3133/USFCS/EUR

E.O. 12958: N/A
TAGS: ETRD KIPR PREL HR
SUBJECT: RECOMMENDATIONS FOR 301 REVIEW: INTELLECTUAL
PROPERTY MOU ON PARLIAMENTARY AGENDA

REF: STATE 29551

SENSITIVE BUT UNCLASSIFIED -- PLEASE PROTECT
ACCORDINGLY.

1. (SBU) WE DO NOT CONCUR WITH THE PHRMA REQUEST TO
MOVE CROATIA TO THE PRIORITY WATCH LIST SINCE THE NEW
GOVERNMENT'S RECENT ACTIONS TO SECURE RATIFICATION OF
THE 1998 INTELLECTUAL PROPERTY RIGHTS MOU DEMONSTRATE A
SERIOUS NEW COMMITMENT TO ADDRESS THE ISSUES HIGHLIGHTED
BY PHRMA.

2. (U) ON FEBRUARY 3, THE CROATIAN GOVERNMENT CABINET
APPROVED THE 1998 INTELLECTUAL PROPERTY RIGHTS MOU, AND
IT IS NOW ON THE CROATIAN PARLIAMENTARY AGENDA FOR THE
SESSION STARTING FEBRUARY 25. THE MOU WILL BE
CONSIDERED IN THE PARLIAMENT UNDER AN EXPEDITED
PROCEDURE, SO WILL NEED ONLY ONE READING AND A STRAIGHT
UP OR DOWN VOTE.

3. (SBU) WE ARE VERY ENCOURAGED THAT THE SANADER
GOVERNMENT HAS FULFILLED ONE OF ITS EARLIEST PROMISES TO
THE USG AND FOREIGN MINISTER ZUZUL'S JANUARY 21
COMMITMENT TO THE SECRETARY (RESTATED IN A LETTER DATED
FEBRUARY 13 TO THE SECRETARY FROM ZUZUL). WE ARE
CAUTIOUSLY OPTIMISTIC THAT THE MOU WILL EASILY GAIN
PARLIAMENTARY APPROVAL, BUT THE CROATIAN PHARMACEUTICAL
LOBBY IS STILL CAPABLE OF CAUSING PROBLEMS.

4. (SBU) NONETHELESS, WE RECOMMEND KEEPING CROATIA ON
THE WATCH LIST IN ORDER TO MAINTAIN PRESSURE TO RATIFY
THE MOU, TO IMPLEMENT IT QUICKLY AND TO ADDRESS THE
OTHER ISSUES THAT DAMAGE OUR INDUSTRY IN THIS MARKET,
SUCH AS OVERLY LONG REGISTRATION PERIODS AND WEAK PATENT
ENFORCEMENT.

FRANK

NNNN

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