06MOSCOW12394, RUSSIA IPR: PART IV OF CIVIL CODE ADVANCES

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Reference ID Created Released Classification Origin
06MOSCOW12394 2006-11-09 14:24 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Moscow

VZCZCXYZ0001
OO RUEHWEB

DE RUEHMO #2394 3131424
ZNR UUUUU ZZH
O 091424Z NOV 06
FM AMEMBASSY MOSCOW
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5090
INFO RUEHXQ/ALL EUROPEAN UNION POST COLLECTIVE PRIORITY
RUEHOT/AMEMBASSY OTTAWA PRIORITY 2027
RUEHSW/AMEMBASSY BERN PRIORITY 0866
RHEHNSC/NSC WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RUEHBS/USEU BRUSSELS PRIORITY

UNCLAS MOSCOW 012394 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EUR/RUS AND EB/TPP 
STATE PASS USTR FOR DWOSKIN, DONNELLY, ERRION 
NSC FOR TGRAHAM, TMCKIBBEN 
USDOC FOR 4231/IEP/EUR/JBROUGHER AND MEDWARDS 
 
E.O. 12958: N/A 
TAGS: KIPR ETRD WTO RS
SUBJECT: RUSSIA IPR: PART IV OF CIVIL CODE ADVANCES 
 
REF: MOSCOW 012158 
 
 1.  (U)  This message is sensitive but unclassified and is 
not intended for Internet distribution. 
 
2.  (SBU) Summary: The State Duma passed Part IV of the Civil 
Code in its second reading on November 8.  The third and 
final reading of the law is likely to take place within the 
next ten days.  At the urging of the Ministry of Economic 
Development and Trade (MEDT), the Duma on November 7 accepted 
additional language addressing USG concerns.  In a departure 
from usual practice, the Duma is likely to consider further 
substantive changes prior to the third reading in order to 
bring the draft law into closer compliance with WTO TRIPS and 
WIPO treaties.  End Summary. 
 
3.  (SBU)  As reported reftel, the Part IV text that passed 
the second reading yesterday contains approximately 300 
amendments, including some 20 USG-proposed changes.  In 
addition, MEDT, at Minister Gref's direction, has actively 
intervened in the last week to address USG concerns, 
convincing the Duma to delay the second reading for five days 
from November 3 to allow additional input from the USG and 
the European Union. 
 
4.  (SBU)  On November 7, Post passed additional USTR 
comments to MEDT, some of which MEDT and Duma deputy Aleksei 
Likhachev used to propose last minute amendments.  Post also 
participated in a November 7 Duma meeting to discuss these 
new amendments, during which the Part IV drafters appeared to 
accept language: 1) clarifying the scope of rights subject to 
collective administration; and 2) providing the ability for a 
holder of a piror trademark to contest the registration of a 
confusingly similar designation of origin. 
 
5.  (U)  The third and final reading of the draft legislation 
will likely take place in ten days.  While only technical, 
rather than substantive, changes are usually made between the 
second and third readings, MEDT has indicated that in this 
case the Duma might consider additional substantive changes 
in order to bring the text into closer compliance with WTO 
and international IP norms. 
 
6.  (SBU)  In this regard, the drafters have left open the 
possibility of further addressing the following USG 
suggestions: 1) adding the six criteria from WIPO's Joint 
Recommendation regarding generally-known trademarks; 2) 
limiting exceptions to rightholders' ability to demand 
compensation for IP infringements; and 3) bringing language 
on seizure of equipment used in IP infringement in line with 
TRIPS provisions.  Another Duma meeting to discuss possible 
edits will likely take place on November 15 or 16. 
 
7.  (SBU)  Post is seeking the latest version of Part IV to 
confirm that the draft law contains some of the changes 
sought by the USG, and will transmit the latest draft to 
Washington.  We will continue to press the GOR and the Duma 
to address remaining USG concerns. 
BURNS

Wikileaks

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