VZCZCXRO3761
RR RUEHCN RUEHGH RUEHVC
DE RUEHBJ #3433/01 3570815
ZNR UUUUU ZZH
R 230815Z DEC 09
FM AMEMBASSY BEIJING
TO RUEHC/SECSTATE WASHDC 7352
INFO RUEHOO/CHINA POSTS COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC

UNCLAS SECTION 01 OF 02 BEIJING 003433 
 
SIPDIS 
 
STATE FOR EEB/IPE CLaCrosse, TMcGowan 
STATE PASS USTR FOR KAlvarez 
USDOC FOR PTO EWu, NKremer 
STATE PASS COMMERCE FOR MAC ESymanski, NMelcher 
 
E.O. 12958: N/A 
TAGS: KIPR ECON ETRD CH
SUBJECT: EMBASSY BEIJING RESPONSE TO GAO IPR REPORT 
 
REF: STATE 118266 
¶1.  (U) Summary.  The China Mission is actively working to implement 
the recommendations put forth by GAO in its September 2009 report. 
The Mission's interagency IP Task Force, established in 2005, 
convenes a monthly meeting to share information on IPR activities in 
country and in home offices.  The Task Force, led by the IPR 
attach, is currently developing a Mission-wide strategy that will 
guide IP efforts in China while addressing challenges identified in 
the GAO report.  End Summary. 
¶2. (U) The U.S. Mission to China (Post) already implements some of 
the recommendations set forth in the September 2009 GAO report, 
"Enhanced Planning by U.S. Personnel Overseas Could Strengthen 
Efforts."  The Mission's IPR Task Force, under the authority of the 
Chief of Mission and coordinated and led at his discretion by the 
Senior IPR Attach for the US Patent and Trademark Office (USPTO), 
endeavors to effectively manage activities already in existence. 
The PTO attach office, in close coordination with its home agency 
management and in cooperation with other agencies at post, 
interfaces on IPR matters with host government organs in China.  The 
attach office advises the USPTO home office and, on request or when 
otherwise appropriate, other US agencies, on planning and developing 
their future activities and strategy for intellectual property 
issues relating to China. 
Establishing the Post IPR Focal Point 
--------------------------------------------- - 
¶3. (U) The GAO report noted several common factors that were 
important to enabling IP attachs to serve as effective focal points 
in overseas mission.  The China mission is in the process of 
defining roles and responsibilities of the IP team, including the IP 
attach; we are also looking at establishing compatible policies, 
procedures, and other means to operate across agency boundaries. 
The attach has asked each embassy section and agency to designate 
one representative and a backup person to act as clearing official 
for IPR-related communications and decisions when discussion during 
regular IPR Task Force meetings is not feasible; additional 
procedures will be developed as needs are identified.  One 
preliminary discussion has been held with the PTO.   At present, 
USPTO commonly works with the Economic Section and USTR to 
coordinate Post's IPR message with Chinese government 
representatives.  Requests for coordination with and clearance 
through USPTO regularly originate with the working level personnel 
in these offices.  The attach also advises the Commercial Section 
how to assist U.S. companies to protect their IP. Talking points and 
briefing papers on IPR at the embassy are either drafted by, or at 
least cleared through, the IP attach. 
IPR Strategy 
----------------- 
¶4.  (U) The GAO report recommends that Posts with an IP attach work 
to develop annual IP interagency work plans with input from the 
relevant agencies.  The IP attach is interviewing each agency and 
consulate, plus consular sections with IP-related work or 
responsibilities, to identify areas of mutual interest and 
responsibility to incorporate into the mission's annual IPR 
strategy.  Once this assessment is complete, the IP attach and the 
IPR Task Force will develop a Mission-wide strategy to ensure 
overall effectiveness of USG efforts.  The Task Force will revamp 
the "Ambassador's Roundtable," a forum which has previously brought 
together the US and Chinese governments and US industry for a 
comprehensive discussion of IP issues.  Revamping may include 
reducing the size and scope of the meeting while increasing the 
frequency of the event to twice a year in different Chinese cities, 
including provincial and local-level discussion forums and 
educational and media outreach.  The 2010 IPR strategy will also 
include recommendations for and programs directed at increased 
technical training of patent and trademark examiners and initiatives 
aimed at reducing problems associated with junk patents and bad 
faith trademark filings; coordinated technical discussions, 
programs, and joint legislative analysis by USPTO and its 
counterpart foreign IPR offices located in China and host government 
offices, enabling all IP offices to dialogue with Chinese offices 
from a common "best international practices" standpoint whenever 
possible; and identification and leveraging opportunities for 
increased interagency enforcement activities in the IPR activities 
in and outside of China.  We expect a draft will be circulated to 
the IPR Task Force for comment in January, 2010. 
The Mission's IPR Taskforce 
--------------------------- 
 ¶5.  (U) The Mission's IPR Task Force was initially formed in 2005. 
The IPR Task Force currently meets monthly at the Beijing embassy, 
and it includes representatives from the State Department (Economic 
Section; Environmental, Science and Technology Section; Public 
Affairs), other USG agencies (DHS, USTR, DOJ, USDA, FDA, IRS), and 
consular personnel (via teleconferencing) from Guangzhou and 
Shanghai. The IPR Task Force meetings have been chaired by the IPR 
attach on a monthly basis since October; during the past year when 
the Beijing attach position was vacant, the Economic section led 
the Task Force meetings.  At these meetings, Emboffs discuss recent 
 
BEIJING 00003433  002 OF 002 
 
 
activities throughout the Mission with regards to IPR and the latest 
legislative developments relevant to China IP issues.  They also 
plan training and capacity building efforts.  This sharing of 
information ensures all members of the group are well-informed. 
IP Outreach 
------------ 
¶6.  (U) Post is making a concerted effort to coordinate with its 
consulates in Guangzhou, Chengdu, Shenyang, Shanghai, and Wuhan on 
IP matters and to do as much outreach as possible with counterparts 
in both the Chinese government and other governments that share 
concerns about IP in China.  Emboffs have begun meeting on a regular 
basis with IP representatives at the European Commission and Japan, 
exploring avenues for common work and discussion. The IPR Task Force 
is also working to revive the common database of training activities 
for public access to EU, Chinese, Japanese and US interested 
parties.  The team believes it could be of great value to all 
parties if completed and launched.