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Cablegate: Canadian Response: Seeking Co-Complainants For

VZCZCXRO7369
RR RUEHGA RUEHHA RUEHQU RUEHVC
DE RUEHOT #2406 2222229
ZNR UUUUU ZZH
R 102229Z AUG 06
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC 3431
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE

UNCLAS OTTAWA 002406

SIPDIS

SENSITIVE
SIPDIS

STATE PASS USTR

E.O. 12958: N/A
TAGS: CA CH KIPR ECON ETRD AORC WTRO USTR
SUBJECT: CANADIAN RESPONSE: SEEKING CO-COMPLAINANTS FOR
POSSIBLE WTO DISPUTE ON CHINA IPR

REF: STATE 126686

1. (SBU) This is an action message: see paragraphs 3 and 4.

2. (SBU) On August 9, EconMinCouns and Econoff met with
Department of Foreign Affairs and International Trade (DFAIT)
Intellectual Property Director Doug George to discuss reftel
and other IPR issues (septel). George said he was thoroughly
briefed on the possible WTO dispute with China during a
recent trip to Washington, DC. The GOC has not yet decided
whether to join with the USG in a potential WTO case,
partially because the GOC has not finalized its internal
consultations. George plans to be in Toronto on August 11 to
consult with Canadian IPR stakeholders with interests in
China. The GOC's decision on whether to join with the USG
will be based on this stakeholder input, as well as legal
analysis (whether Canada has been injured.) Canada's
political China strategy and focus on China as a trading
partner will also factor into the GOC decision on whether to
join the United States (and possibly other countries) in
filing a WTO complaint.

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3. (SBU) George asked whether the USG is only considering a
copyright case, what the timing of the case is, when it would
be certain that the USG will go ahead with the case, and what
response the USG has been receiving from other potential
co-complainants. Post would appreciate guidance on how to
answer these questions.

4. (SBU) Mr. George also suggested that, if a high-level
call on this question is planned (for example, between
Ambassador Susan Schwab and International Trade Minister
David Emerson), DFAIT should be given advance notice so that
the Minister and his staff could be fully briefed. He
emphasized that without this advance notice, the call would
not be as productive for the USG as it could be.

Visit Canada's Classified Web Site at
http://www.state.sgov.gov/p/wha/ottawa

WILKINS

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