US embassy cable - 03ANKARA6847

UNCLAS ANKARA 006847 
 
SIPDIS 
 
 
DEPT FOR EB/TPP/MTA/IPC AND EUR/SE 
DEPT PASS USTR FOR CNOVELLI/MWU/LERRION 
DEPT PASS LIBRARY OF CONGRESS 
DEPT PASS USPTO FOR ELAINE WU 
USDOC FOR ITA/MAC/DDEFALCO 
 
 
SENSITIVE 
 
 
E.O. 12958: N/A 
TAGS: ETRD, KIPR, TU 
SUBJECT:  Post Comments on Special 301 
 
 
Ref:  Ankara 6068 
 
 
1. (U) This cable contains action requests in para 4. 
 
 
2. (U) Embassy understands that PhRMA requested an Out- 
of-Cycle (OCR) Special 301 review of Turkey over the 
GOT's failure to implement data exclusivity, the 
proposed exclusion of pharmaceuticals from patent 
protection, and other concerns. 
 
 
3. (SBU) Post agrees that there has been no improvement 
in intellectual property protection for research-based 
drug companies, and that the USG needs to find a way to 
ratchet up the pressure on the GOT.  Prior to initiating 
an OCR, post believes that it would be more effective 
for Washington agencies to engage with the GOT on this 
issue: 
 
 
-- The Embassy has undertaken sustained lobbying on 
these issues at senior levels, but we believe that 
Washington agencies have still not laid the groundwork 
for a change in Turkey's position on the Special 301 
Watch List (see action request in para 4); 
 
 
-- We have emphasized for the GOT that we see the 
upcoming Economic Partnership Commission (EPC) as an 
opportunity for the Turks to demonstrate progress on 
investment climate issues, including IPR.  The EPC, 
scheduled for December 2 and 3 in Washington, could 
motivate the Turks to address pharmaceutical industry 
problems; 
 
 
-- An OCR would presumably not accelerate the Special 
301 process for Turkey by more than a few months, as the 
regular cycle decision is due at the end of April; 
 
 
-- We should not do an OCR in the absence of a consensus 
for elevating Turkey in the Special 301 Watch Lists.  If 
an OCR were completed without a change in the country's 
status, it would send a mixed signal to the GOT on the 
priority we accord to IPR protection. 
 
 
4. (SBU) Recommendations and Action Requests:  Embassy 
urges Washington agencies to engage the GOT on 
pharmaceuticals issues.  This could include dispatching 
a senior IPR delegation from USTR and/or other USG 
agencies to Ankara, and high-level correspondence, such 
as a joint letter from USTR Zoellick and Commerce 
Secretary Evans to State Minister Tuzmen.  Additionally, 
 
SIPDIS 
the priority of EU accession in Turkey's foreign policy 
makes it more likely that the Turks will take our IPR 
message seriously if U.S. and EU diplomats make a joint 
approach.  Embassy requested instructions in September 
(reftel) to do such a demarche.  We encourage Washington 
to provide these as soon as possible. 
Edelman