VZCZCXYZ0059
RR RUEHWEB

DE RUEHMD #2305/01 3621804
ZNR UUUUU ZZH
R 281804Z DEC 07
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC 4012
INFO RUEHBS/USEU BRUSSELS

UNCLAS MADRID 002305 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EB/TPP/IPE (JURBAN, JBOGER) AND EUR/WE (ESAMSON0 
STATE PASS USTR (JGROVES, CWILSON) 
STATE PASS COMMERCE (ITA - DCALVERT) 
STATE PASS USPTO (MSHAPIRO) 
STATE PASS U.S. COPYRIGHT OFFICE (MSKELTON) 
 
E.O. 12958: N/A 
TAGS: KIPR ECON ETRD SP
SUBJECT: SPAIN INTELLECTUAL PROPERTY RIGHTS (IPR) STRATEGY 
 
REF: BOGER-SCHONANDER 12/6/07 E-MAIL 
 
¶1. (SBU) This message is sensitive but unclassified and not 
for internet distribution. 
 
¶2. (SBU) Summary: Given the USG's Special 301-related 
concerns with respect to the protection of copyrighted 
materials in Spain, the Embassy has developed a short, medium 
and long-term IPR strategy for Spain.  The strategy is by no 
means exhaustive and is subject to continual review and 
suggestions, including from Washington agencies, but the 
strategy does provide something of a roadmap for where we 
want to go and how.  While Embassy Madrid acknowledges modest 
efforts by the government to protect copyrighted materials, 
more needs to be done.  Our strategy will required continued 
constant high-level Embassy attention to this matter and 
occasional help from Washington agencies over the coming 
three to four years.  End Summary 
 
COPYRIGHT PROTECTION PROGRESS REPORT 
------------------------------------ 
 
¶3. (SBU) For the first time, the GOS has asked Internet 
Service Providers (ISPs) to table a specific proposal for 
dealing with illegal internet downloads.  Until now, the GOS 
has limited itself to brokering meetings between ISPs and 
content provider representatives.  The GOS has sent a letter 
to the Spanish Restaurant and Bar Association proposing an 
agreement to deal with sales of pirated products in bars and 
restaurants.  In March 2007, the GOS released a report on the 
economic value of cultural products, thereby justifying the 
public case for protection.  In 2007, there have been 
multiple police actions against pirates, including operators 
of websites trafficking in pirated products.  The GOS notes 
that a number of these websites receive technical support in 
the U.S.   Content provider representatives continue to 
express appreciation for police actions against pirates.  On 
November 7-8, 2007, the government organized a well-attended 
IPR conference in Madrid.  However, there is no functioning 
notice and takedown system for the internet.  With more and 
more Spaniards enjoying broadband internet access, the number 
of illegal movie and music downloads will likely continue to 
increase.  Street sales of pirated products remain high.  The 
judiciary often does not act as aggressively against IPR 
pirates as is warranted.  The Justice Ministry circular 
effectively decriminalizing not for profit, i.e. "consumer", 
peer to peer file sharing on the internet remains on the 
books. 
 
SHORT, MEDIUM AND 
LONG-TERM IPR STRATEGY 
---------------------- 
 
¶4. (SBU) Our short-term strategy runs from now until the 
March 9, 2008 parliamentary elections.  There is no prospect 
of legislative achievements between now and the elections. 
Progress will have to be measured by action undertaken by the 
executive alone.  Embassy intends to conduct the following 
activities. 
 
a) DCM will meet in January with the Secretaries of State for 
Industry, Culture and Justice. 
b) DCM will meet in January with PP economic platform 
coordinator Juan Costa to emphasize the importance of 
   IPR issues to the USG. 
c) Econ and Commercial Service will meet in January or 
February with Telefonica lawyers to understand better the 
   views of Spain's dominant ISP and discuss notice and 
takedown. 
d) We will take advantage of USPTO Senior Counsel Michael 
Shapiro's February trip to Spain to have him talk to 
   GOS officials and, scheduling permitting, members of the 
Spanish judiciary. 
e) Econ will meet in February/March with stakeholders and 
ascertain opinions on Special 301 watchlisting. 
f) Econ/CS will use expected February visit of Commerce DAS 
for Europe to engage GOS officials on IPR matters. 
 
¶5. (SBU) Our medium-term strategy runs from the March 
elections until the end of 2008.  Our assumption is that a 
new government has about a year to get unpopular measures 
approved. 
 
a) Ambassadorial meetings in March/April with GOS officials 
on IPR. 
b) DCM meetings with GOS officials in March/April on IPR. 
c) Ambassadorial recommendation on Special 301 watchlisting. 
d) Econ to work with PA on International Visitor programs and 
judge-to-judge exchanges. 
e) Econ work to persuade GOS to adopt a functioning notice 
system prior to August 2008 holidays.  Our 
   assumption is that the GOS can start with notice, see how 
that works and then tackle takedown. 
f) Ambassador hosts Minister of Industry for lunch with 
stakeholders - copyright protection on the agenda. 
g) Urge GOS to incorporate explicitly improved IPR protection 
in achieving Spain's strategic objective of 
   raising private sector investment in research and 
development. 
 
¶6. (SBU) Our long-term strategy runs from 2009 until the end 
of the next government's mandate in 2012. 
 
a) Continued front-office emphasis on IPR issues. 
b) Engage with USEU Brussels on planned EU draft directive on 
"Creative Content Online" - ensure directive 
   correctly transposed in Spain. 
c) Bring USG speakers to Spain on IPR. 
d) Consider GOS mission to the U.S. to study the 
possibilities that legal e-business offers. 
e) Encourage visit by U.S. Trade Representative to Spain. 
 
AGUIRRE