VZCZCXYZ0011
RR RUEHWEB

DE RUEHGV #0040 0210951
ZNR UUUUU ZZH
R 210951Z JAN 10
FM USMISSION GENEVA
TO RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEHC/SECSTATE WASHDC 0016
INFO RUEHBS/USEU BRUSSELS 0001
RUEHGV/USMISSION GENEVA
RUEHGV/USMISSION USTR GENEVA

UNCLAS GENEVA 000040 
 
SIPDIS 
STATE FOR EB/IPC, IO/T, IO/OES 
COMMERCE FOR USPTO 
 
E.O. 12958: N/A 
TAGS: ECON KIPR WIPO
SUBJECT: WIPO and EU Presidency Issues 
 
¶1.  SUMMARY:  Miguel Angel Vecino, Counselor from the Spanish 
Mission in Geneva, Switzerland, met on January 13 with IP Attach???? 
Lashley-Johnson  to discuss EU presidency issues in the World 
Intellectual Property Organization (WIPO).  Spain now holds the EU 
presidency until July 2010, and Mr. Vecino focused his discussion 
on a proposal to create a new EU coordinating role in WIPO. 
Comments from USPTO and Main State are welcomed.  END SUMMARY. 
 
¶2.  In the meeting, Mr. Vecino inquired whether the U.S would 
support the creation of an additional regional coordinating role 
within Group B (industrialized countries) for the EU presidency. 
He noted that this proposal addresses important issues for Spain, 
such as the need to increase their visibility in WIPO on behalf of 
the EU presidency and to increase Group B (developed countries) 
participation in regional group coordination meetings, which are 
generally attended only by the Chair of each regional group.   He 
added that developing countries have at least four regional groups 
and their anti-IP demands concerning substantive and procedural 
issues in regional group consultations are growing and are 
impacting WIPO through the increased hiring of staff from countries 
that have directly challenged Group B positions.  Mr. Vecino noted 
that an extra voice from another Group B representative at these 
consultations would improve Group B's negotiating position. 
 
¶3.  IP Attach???? Lashley-Johnson replied that while WIPO committee 
chairs have excluded non-chairing Members States from consultations 
where agreement in a committee has been elusive, there already 
exists the opportunity for "interested" delegations to attended 
these meetings.  On several occasions, upon request, delegations 
from the US and EU Member States have participated in regional 
group consultations.  Moreover, she noted concern with respect of 
creating a new structure within Group B that may weaken 
coordination efforts.  In response, Mr. Vecino indicated that in 
accordance with the Lisbon Treaty, which took effect on December 1, 
2009, the European Commission (now called the European Council) is 
the new permanent EU presidency.  He added that while the 
presidency will be bound by consensus-based decisions of the 27 EU 
Member States, Brussels will be more influential and control policy 
and legal decisions concerning WIPO matters.  (Note: In contrast, 
before Lisbon, each EU Member State in WIPO could take independent 
action/decision making, which provided the U.S. and other non-EU 
countries greater traction on WIPO issues. End note).  IP Attach???? 
Lashley-Johnson voiced concern about creating a new, official 
coordinating role for Brussels and indicated that she will seek 
advice from Washington. 
 
¶4.  Mr. Vecino intends to raise the issue of a new coordinating 
role for the EU presidency with the current chair of Group B, which 
is Switzerland.  A meeting will likely be scheduled with 
delegations during the week of January 25 at WIPO when the Standing 
Committee on Patents convenes. 
 
¶5.  COMMENT:  Our concerns about Spain's proposal stem largely from 
the fact that in areas where the EU does speak with one voice-at 
the World Trade Organization (WTO), for example-the U.S. is 
frequently on opposing sides, and moreover has lost traction in 
dealing with EU allies on a bilateral basis.   Creating a new 
structure that would have the potential to pit the U.S. against the 
EU in WIPO would be undesirable and could hamper U.S. WIPO 
interests.   Guidance from Washington on the creation of an 
official EU regional coordinating group within Group B would be 
appreciated, particularly before January 25, 2010.  END COMMENT. 
RICHTER