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Viewing cable 06TUNIS2140, SUBJECT: NOTIFICATION DEMARCHE DELIVERED: TUNISIA

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Reference ID Created Released Classification Origin
06TUNIS2140 2006-08-18 11:50 2011-08-24 16:30 UNCLASSIFIED Embassy Tunis
VZCZCXYZ0010
PP RUEHWEB

DE RUEHTU #2140/01 2301150
ZNR UUUUU ZZH
P 181150Z AUG 06
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 1612
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY
RUCPDOC/USDOC WASHDC PRIORITY
UNCLAS TUNIS 002140 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EB/IPE (CLACROSSE/MANDAMO) AND 
NEA/MAG(MAYA HARRIS) 
STATE PLEASE PASS USTR (DBELL) 
STATE PLEASE PASS USPTO (MADLIN) 
USDOC FOR CLDP (MTEJTEL) AND ITA/MAC/ONE (NMASON) 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR TS
SUBJECT: SUBJECT: NOTIFICATION DEMARCHE DELIVERED: TUNISIA 
2006 SPECIAL 301 (INTELLECTUAL PROPERTY) 
 
REF: A. STATE 75848 
 
     B. TUNIS 1091 
     C. STATE 66147 
 
1. ON AUGUST 7, ECONOFF DELIVERED REVISED DEMARCHE POINTS TO 
AMOR TOUMI, THE MINISTRY OF PUBLIC HEALTH'S (MOH) DIRECTOR 
GENERAL OF THE NATIONAL LABORATORY FOR THE CONTROL OF 
MEDICATIONS.  DEMARCHE POINTS WERE ALSO DELIVERED ON AUGUST 
11, TO THE MINISTRY'S DIRECTOR GENERAL OF HEALTH, MR. 
NOUREDDINE BOUZOUAIA AND DIRECTOR GENERAL OF THE 
INTERNATIONAL COOPERATION UNIT, DR. HICHEM ABDESSELEM. 
ECONOFF INFORMED MOH OFFICIALS THAT TUNISIA WOULD NOT BE 
LISTED IN USTR'S 2006 SPECIAL 301 REPORT, BUT THAT THE USG 
HAS CONTINUING INTELLECTUAL PROPERTY RIGHTS (IPR) CONCERNS 
WITH REGARD TO DATA PROTECTION, PATENT LINKAGE, BORDER 
ENFORCEMENT, AND WIDESPREAD SALE OF PIRATED PRODUCTS IN 
TUNISIA.  DISCUSSION THEN TURNED TO THE SPECIFIC DETAILS 
RELATED TO TUNISIA'S INTERNATIONAL IPR COMMITMENTS UNDER THE 
WTO'S AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL 
PROPERTY RIGHTS (TRIPS).  ALL THREE INTERLOCUTORS REITERATED 
THAT PUBLIC HEALTH CIRCULAR NO. 40 IS 100 PER CENT TRIPS 
COMPLIANT AS THE LANGUAGE USED IN THIS CIRCULAR IS IDENTICAL 
TO TRIPS ARTICLE NO. 39.9.  WHEREVER TRIPS ARTICLE NO. 39.3 
USES THE WORD 'COUNTRY' CIRCULAR NO. 40 REPLACES IT WITH 
'TUNISIA'.  THIS IS THE ONLY DIFFERENCE IN LANGUAGE BETWEEN 
THE TWO PUBLICATIONS. 
 
2. INTERLOCUTORS ALSO EXPLAINED THAT CIRCULAR NO. 78 NO 
LONGER EXISTS AS IT WAS SUPERSEDED BY CIRCULAR NO. 40. 
ARTICLE 3 OF CIRCULAR 40 GRANTS A FIVE YEAR TERM OF DATA 
PROTECTION IN TUNISIA.  THE CIRCULAR PROTECTS DATA AGAINST 
ANY DIVULGENCE UNLESS NECESSARY FOR PUBLIC HEALTH.  THEY 
STRESSED THAT GENERICS ARE NOT ALLOWED UNTIL AFTER THE FIVE 
YEAR DATA PROTECTION PERIOD HAS EXPIRED.  AFTER THIS FIVE 
YEAR PERIOD ANY GENERICS GRANTED MARKET ACCESS ARE REQUIRED 
TO ADOPT THE CHARACTERISTICS OF THE PATENTED DRUG.  DATA 
PROTECTION ALSO EXTENDS TO VETERINARY MEDICATIONS. 
 
3. ACCORDING TO MOH OFFICIALS, CORRELATION IS SCHEDULED TO 
END ON DECEMBER 31, 2006. MR. TOUMI POINTED OUT THAT 
CORRELATION DEALT WITH ONLY 2 PER CENT OF THE PHARMACEUTICAL 
MARKET AND THAT HE BELIEVED THAT THE END OF CORRELATION WILL 
PRESENT ITS OWN PROBLEMS.  THE MARKET WILL NOW BE OPEN TO 
DRUGS FROM ALL COUNTRIES.  THE GOT'S CENTRAL PHARMACY, THE 
NATIONAL IMPORTER OF ALL DRUGS ENTERING TUNISIA, HAS BEEN 
ONLY IMPORTING DRUGS LISTED IN U.S., JAPANESE, AND EU 
PHARMACOPIA.  THE END OF CORRELATION MEANS THAT TUNISIA WILL 
BE FACED WITH PERHAPS LESS RELIABLE DRUGS FROM INDIA, CHINA, 
OR OTHER COUNTRIES. 
 
4. WHILE DISCUSSING THE DEVELOPMENT OF A PATENT LINKAGE 
SYSTEM TO PREVENT PATENT-INFRINGING PRODUCTS FROM BEING 
REGISTERED, ALL THREE INTERLOCUTORS STATED THAT TUNISIA DOES 
NOT INTENTIONALLY REGISTER OR ACCEPT PATENT-INFRINGING DRUGS. 
 THEY ALSO POINTED OUT THAT DEVELOPING A PATENT LINKAGE 
SYSTEM WOULD BE TRIPS-PLUS. 
 
5. CUSTOMS OFFICIALS HAVE CONFIRMED THAT THEy DO HAVE EX 
OFFICIO AUTHORITY.  CUSTOMS HAS THE AUTHORITY TO INTERCEPT 
AND SEIZE PIRATED OR COUNTERFEIT PRODUCTS WITHOUT A COMPLAINT 
FROM THE PATENT HOLDER. 
 
6. ON MAY 29, 2006, IN OBSERVANCE OF NATIONAL CULTURE DAY, 
PRESIDENT BEN ALI ORDERED THE UPDATING OF THE COPYRIGHT LAW 
1994-36 ON THE PROTECTION OF ARTISTIC AND LITERARY PROPERTY. 
NEW LEGISLATION CURRENTLY BEFORE PARLIAMENT SEEKS TO GRANT 
ENHANCED AUTHORITY TO THE TUNISIAN COPYRIGHT AUTHORITY, 
(ORGANISME TUNISIEN DE PROTECTION DES DROITS D'AUTEURS - 
OTPDA). 
 
7. COMMENT.  THERE HAS BEEN A MARKED CHANGE IN ATTITUDE 
TOWARDS IPR AMONG TUNISIAN OFFICIALS, LEGAL EXPERTS, AND 
BUSINESSES.  THEY NOW CONSIDER IPR NOT ONLY A LEGAL TOOL FOR 
THE PROTECTION OF A PRODUCT BUT ALSO AN INCENTIVE TO 
STIMULATE ECONOMIC DEVELOPMENT.  THE  GOT HAS LAUNCHED A 
CAMPAIGN TO EXPAND IPR AWARENESS AND TO FIGHT COUNTERFEITING 
AND PIRACY.  CONCURRENTLY, THERE HAS BEEN A NOTABLE INCREASE 
IN THE NUMBER OF MEDIA REPORTS ON PROBLEMS RELATED TO 
COUNTERFEIT PRODUCTS AVAILABLE IN THE COUNTRY'S MARKETS. 
THIS HAS LED THE GOT TO TAKE A PROACTIVE LEGAL POSITION ON 
IPR FOR THE FIRST TIME, AND TO INSTRUCT LOCAL AUTHORITIES TO 
GIVE CUSTOMS OFFICIALS GREATER AUTHORITY TO SEIZE COUNTERFEIT 
PRODUCTS WITHOUT REQUIRING A PRIOR COMPLAINT BY THE PATENT 
HOLDER.  GOVERNMENT OFFICIALS HAVE STEPPED UP RAIDS AGAINST 
THE WELL-KNOWN PARALLEL MARKETS IN THE TUNIS AREA.  THAT 
 
SAID, PERHAPS FOR POLITICAL REASONS, THERE DOES NOT SEEM TO 
BE ANY CONCERTED EFFORT AFOOT TO PREVENT LARGE RETAIL 
ESTABLISHMENTS, SUCH AS CARREFOUR, FROM OPENLY SELLING 
PIRATED OPTICAL DISCS.  END COMMENT. 
BALLARD