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DE RUEHWL #1016/01 3612212
ZNR UUUUU ZZH
P 272212Z DEC 06
FM AMEMBASSY WELLINGTON
TO RUEHC/SECSTATE WASHDC PRIORITY 3645
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UNCLAS WELLINGTON 001016 
 
SIPDIS 
 
SIPDIS 
 
DEPT PASS TO USTR STAN MCCOY AND RACHEL BAE, STATE FOR 
EB/TPP/MTA/IPC 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR PGOV NZ
SUBJECT: NEW ZEALAND REACTION TO JOINING 
ANTI-COUNTERFEITING TRADE AGREEMENT (ACTA) 
 
REF: SECSTATE 182554 
 
¶1. Summary: New Zealand officials are generally supportive of 
the objective of enhanced international cooperation in the 
enforcement of intellectual property rights (IPR) as proposed 
in reftel and welcome the opportunity to participate further 
in its development but are also seeking clarification to 
certain key concepts expressed in draft proposal. End Summary. 
 
¶2. Bronwyn Turley, principal policy advisor responsible for 
IPR in the Competition, Trade and Investment Branch at the 
Ministry of Economic Development (MED), has informed Econoff 
that joining ACTA could provide a solid foundation for the 
development of further international enforcement efforts and 
believes it sends a strong signal that trade in counterfeits 
will not be tolerated. 
 
¶3. Despite GNZ's initial positive reaction to ACTA, they have 
provided specific comments and are seeking clarification to 
the following points: 
 
-- International cooperation - GNZ maintains that there are 
some areas where greater coordination of efforts would be 
beneficial, such as a commitment to undertake 
multi-jurisdictional enforcement action and the provision for 
government sponsored training to third countries i.e., 
non-ACTA countries.  In other areas, international 
cooperation already occurs within a range of different 
inter-governmental organizations, such as APEC, the World 
Customs Organization (WCO) and the World Intellectual 
Property Organization (WIPO).  Should a starting principle of 
the proposal be that the existing efforts by APEC, WCO, WIPO 
et al, not be duplicated? 
 
-- Role of IP Rights Holders - If IPRs are private property 
rights then enforcement activity by right holders is 
essential if ACTA members are to address the illegal trade in 
counterfeits.  Rather than have the government act as a 
substitute for enforcement efforts by right holders, GNZ 
maintains that any enforcement framework would need to foster 
a partnership arrangement.  Mindful of the risks of political 
pressure to shift the balance of responsibility for 
enforcement away from right holders and onto government - how 
does USTR see the proposed Agreement striking the appropriate 
balance between responsibilities of right holders and those 
of government for enforcement efforts? 
 
-- Accommodating National Differences - GNZ believes it is 
important that authorities and right holders have the 
necessary tools available to prosecute IPR enforcement.  They 
believe that discussing standards for enforcement would be 
valuable but it will be important to recognize in any such 
discussion that national differences exist.  For example, 
Constitutional frameworks may mean that it is inappropriate 
to establish sentencing guidelines or give authority to right 
holders to undertake search and seizure operations.  In small 
countries with limited resources, the establishment of 
specialized IP police, prosecutors and/or courts may be 
impractical.  In GNZ's view, it would be useful to clarify 
expectations at the outset, in particular to avoid the 
perception that a "one-size-fits-all" approach will take hold. 
 
¶4. MED being conscious of international sensitivities of any 
effort to address IP enforcement in international fora, 
believes that the political messaging around this proposed 
Agreement will be crucial to its success.  To avoid a 
counter-productive reaction, GNZ believes it will be 
important to prevent the perception from taking hold that 
this initiative represents a "threat" or that it is a "Trojan 
horse" for the introduction of TRIPS-plus substantive 
obligations. 
 
Keegan