VZCZCXRO3344
PP RUEHIK
DE RUEHBM #0704 2921051
ZNR UUUUU ZZH
P 191051Z OCT 09
FM AMEMBASSY BUCHAREST
TO RUEHC/SECSTATE WASHDC PRIORITY 9983
INFO RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY

UNCLAS BUCHAREST 000704 
 
SENSITIVE 
 
STATE PLEASE PASS USTR FOR TGARDE AND DSHACKLEFORD 
COMMERCE FOR USPTO 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ECON ETRD EUN KIPR RO
SUBJECT:  ROMANIA: DEMARCHE RESPONSE TO GEOGRAPHICAL 
INDICATIONS AND THE CONVENTION ON BIOLOGICAL DIVERSITY 
 
REF: STATE 0104985 
 
¶1.  (U) This is an Action Request; please see paragraphs 5 and 6. 
 
¶2.  (SBU) EconCoun delivered reftel demarche points on October 16 to 
Victoria Campeanu, Director General for Trade Policies under the 
Ministry of Small and Medium Sized Enterprises, Trade, and Business 
Environment.  Campeanu appreciated receiving the U.S. perspective 
but explained that Romania fully supports the Geographical 
Indications (GI) registry, as advocated by the European Commission 
(EC), and its extension to other products.  She regretted the 
"inflexible" U.S. position and said there had to be points related 
to GI where the EU and U.S. could find common ground for further 
negotiations.  Campeanu said that, while market access for 
agriculture and NAMA products is important, the GI issue is equally 
important for Europe. 
 
¶3.  (SBU) Campeanu asserted that diverging views on the GI registry 
arise from the differing developmental histories and economic 
systems of the United States and the European Union.  She believes 
that in Romania, like the rest of Europe, Geographical Indications 
are necessary to protect the profits and reputations of small and 
medium enterprises.  She cited a number of specific Romanian 
products, including cheese, marble, and ceramics, which in her view 
would benefit from the EC proposal.  In the United States, she 
postulated, the reliance on trademarks alleviates the need for this 
protection.  Campeanu did admit that producers may register GI for 
recognition in the United States, but in her view the process is 
difficult and the level of protection afforded is not the same.  She 
defended the proposal for making the registry legally binding, 
stating that the process of registering in each WTO member country 
is too difficult, costly, and time-consuming for small and medium 
enterprises. 
 
¶4.  (SBU) Concerning the Convention on Biological Diversity (CBD), 
Campeanu admitted candidly that Europe's support for developing 
countries on patent disclosure rules was a "marriage of convenience" 
in order to advance their respective agendas in Doha.  Romania 
supports the EU position for this reason but otherwise does not have 
strong views on India's and Brazil's positions.  Campeanu was open 
to alternatives, including the possibility of a national 
contract-based system.  She emphasized the importance of protecting 
producers' interests and ensuring product integrity. 
 
¶5.  (SBU) Following the discussion of GI and CBD, Campeanu raised 
three additional issues and asked that Romania's concerns be 
conveyed to Washington: 
A)  Romania seeks a "friendlier environment" for foreign producers 
seeking to register GIs with the U.S. Patent and Trademark Office 
(USPTO), particularly for wine and cheese products.  Campeanu said 
the USPTO procedures are prohibitively time-consuming, complex, and 
costly. 
B)  With regard to the Lacey Act requirement for mandatory import 
licensing of wood products starting next year, Romania is opposed to 
illegal logging but believes the list of products requiring a 
license is too exhaustive.  Romania believes it should be limited to 
raw logs and cut lumber but not to such finished wood products as 
furniture.  Overly-broad enforcement of the Lacey provisions will 
have an adverse effect on boutique products, like handcrafted 
furniture, which Romania exports to the U.S. market. 
C)  Campeanu expressed concern about the "zeroing" methodology used 
by the U.S. Department of Commerce in anti-dumping investigations. 
Characterizing zeroing as an "unorthodox method" which is "contrary 
to international norms," Campeanu noted that while Romania currently 
is not included in any anti-dumping investigations, it "fully 
shares" concerns of other EU members about the methodology. 
 
¶6.  (SBU) Action Request: Post would appreciate any additional 
guidance Washington agencies can provide in response to issues 
raised in para. 5. 
 
GITENSTEIN