VZCZCXYZ0001
OO RUEHWEB

DE RUEHSG #1088/01 3471115
ZNR UUUUU ZZH
O 121115Z DEC 08
FM AMEMBASSY SANTIAGO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4101
INFO RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC

UNCLAS SANTIAGO 001088 
 
STATE PLEASE PASS TO USTR KATE DUCKWORTH 
STATE FOR WHA/EPSC, EEB/TPP/BTA/EWH, EEB/TPP/MTA/IPC 
TREASURY FOR SSENICH 
COMMERCE FOR KMANN 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR PREL CI
 
SUBJECT:  INTELLECTUAL PROPERTY:  MEMBERS OF CONGRESS PLEDGE 
ASSISTANCE IN FULFILLING FTA COMMITMENTS 
 
REF:  SANTIAGO 1045 
 
¶1. (SBU) SUMMARY:  The Ambassador and Embassy officials met with 
several members of Chile's Congress, December 2, to press for 
progress on implementation of Chile's intellectual property rights 
(IPR) commitments under the U.S. - Chile Free Trade Agreement (FTA). 
 The Senate Economic Committee took note of U.S. concerns about IPR 
enforcement and the importance of accelerating consideration of the 
draft Copyright Law.  Senator Sergio Romero promised to provide 
support for expediting approval of the copyright bill within the 
Senate.  Deputy Fuentealba noted the Foreign Affairs Committee, 
which he chairs, was not handling IPR-related legislation, but he 
offered to host a joint-seminar with the Embassy on the status of 
Chile's FTA commitments.  END SUMMARY. 
 
¶2. (U) On December 2, Ambassador, Econoff, and Econ Specialist met 
with members of the Senate Economic Committee at the Congress 
Building in Valparaiso.  The Committee members included:  Senator 
Fernando Flores (Chile Primero), Senator Jose Garcia (National 
Renewal-RN), Senator Jovino Novoa (Independent Democratic 
Union-UDI), and Senator Hosain Sabag (Christian Democrats-DC).  The 
Ambassador also met separately with Senator Sergio Romero (RN), 
former President of the Senate and now Chairman of the Senate 
Committee on Rules, and Deputy Renan Fuentealba (DC), Chairman of 
the Foreign Affairs Committee in the Chamber of Deputies. 
 
Economy Committee Notes U.S. Concerns 
------------------------------------- 
 
¶3. (SBU) The Ambassador told the Economy Committee the U.S. and 
Chile both wanted the FTA to be a continuing success.  It had 
already accounted for $17 billion in annual bilateral trade. 
However, Chile needed to make more progress on implementing its IPR 
commitments under the FTA.  The Ambassador thanked the Senators for 
passing the Patent Cooperation Treaty (PCT) in October, passing the 
Illegal Commerce and Piracy Law, and sending it to the Chamber of 
Deputies for approval.  The draft Copyright Law had been under 
consideration in the Senate for more than a year (October 2007), had 
over 250 proposed amendments, and had already been approved by the 
Chamber of Deputies.  The Ambassador asked the Committee members to 
accelerate consideration of the Copyright Law.  He said the bill 
included important provisions that would help Chile meet its IPR 
obligations, such as regulations on internet service providers. 
 
¶4. (SBU) The Committee took note of the Ambassador's concerns and 
request.  Senator Flores asked for the U.S. position on the key 
issues in the Copyright Law, underlining the divergent points of 
view in Chile on IPR.  The Ambassador said we had met with DIRECON 
DG Carlos Furche November 25 and provided U.S. input on the 
Copyright Law.  In addition, DIRECON had previously received input 
from USTR on various provisions in the draft legislation.  The 
Ambassador stressed Chile had a responsibility to fulfill its 
commitments under the FTA. 
 
¶5. (SBU) Senator Novoa asked if the FTA provided for a Parliamentary 
Committee.  The Ambassador explained there was no such provision. 
Most issues regarding implementation were discussed directly by USTR 
and DIRECON.  The Labor and Environment Chapters of the FTA provided 
for separate coordinating meetings.  Senator Garcia wondered if 
there would be new obligations for Chile in the future on Labor, 
Environment, or IPR.  The Ambassador noted this was unlikely given 
the progress made on implementing most chapters, save IPR.  The IPR 
Chapter of the FTA was designed to bring Chile's standards up to the 
same level as in Mexico, Singapore, the EU, and other major U.S. 
trading partners. 
 
Senator Romero Offers Assistance 
-------------------------------- 
 
¶6. (SBU) The Ambassador told Senator Romero he was meeting with 
members of Congress to reiterate U.S. support for the FTA and stress 
the need for progress on Chile's IPR commitments.  He noted that in 
general the FTA was a great success for Chile and the U.S.  The 
Labor and Environment Chapters had evinced important cooperation 
between both countries.  However, the U.S. had not seen the progress 
it wanted in Chile's implementation of its IPR obligations. 
 
¶7. (SBU) Highlighting the Senate's work on draft IPR-related 
legislation, the Ambassador noted the status of the Copyright Law. 
He asked if the Senate could speed consideration of the bill.  This 
would help fulfill some of Chile's IPR obligations.  DG Furche had 
told the Ambassador November 25 the GOC would ask Congress to assign 
priority status (urgencia) to the Copyright Law.  This could help 
 
secure more rapid approval.  Romero explained changing the priority 
of the draft law would be key.  He suggested the Ambassador meet 
with the Secretary General of the Presidency, Jose Antonio 
Viera-Gallo, to discuss the issue.  The Ambassador has a meeting 
scheduled with Viera-Gallo for December 15.  If the GOC raised the 
priority of the bill and pushed for passage in January, the effort 
might succeed prior to the impending summer vacation period.  In the 
meantime, Romero promised to do what he could within the Senate to 
push for quick passage of the law. 
 
Deputy Fuentealba Offers Joint-Seminar 
-------------------------------------- 
 
¶8. (SBU) The Ambassador thanked Deputy Fuentealba for Congress' 
assistance in passing important IPR-related legislation, such as the 
PCT.  This would assist Chile in meeting its IPR commitments under 
the FTA.  He noted the Copyright Law was still pending in the 
Senate, despite its  approval by the Chamber of Deputies. 
Fuentealba said the Congress was aware of the FTA's importance and 
would do all it could to see Chile complied with its obligations. 
 
¶9. (SBU) Fuentealba noted the Foreign Affairs Committee, which he 
chaired, was not handling most IPR-related legislation.  He offered 
to host a joint-seminar with the Embassy on the status of Chile's 
compliance with the FTA.  The seminar could be held in Santiago and 
in one of Chile's regions, in March.  It could devote an entire 
segment to IPR-related issues.  Fuentealba thought it could show the 
 
new U.S. Administration Chile's commitment to full implementation of 
the FTA.  The Ambassador expressed interest in the idea, but noted 
coordination with DIRECON would be necessary. 
SIMONS