US embassy cable - 05MADRID7

UNCLAS MADRID 000007 
 
SIPDIS 
 
DEPT FOR EB/IPC WILSON, DEPT PLEASE PASS TO USTR BPECK, DOC 
JBOGER, USPTO JURBAN/MSMITH, DOJ KDORSHOW, DHS RBAE 
 
E.O. 12958: N/A 
TAGS: ETRD, KIPR, SP, Trade Issues 
SUBJECT: GOS ANNOUNCES ANTI-PIRACY PLAN 
 
REF: 04 MADRID 04299 
 
1. Minister of Culture Carmen Calvo announced on 12/29/04 key 
aspects of the GOS's new "Integrated Plan for the Reduction 
and Elimination of Activities Violating Intellectual 
Property".  A draft of the plan has been provided to industry 
and other stakeholders who have until January 20 to provide 
comments.  The Culture Ministry has issued a press release 
with the Plan's major elements.  They include: 
 
a) The creation of an InterMinisterial Commission (11 
ministries are involved; private sector represenatives will 
also participate, although it is not clear if they will 
attend Commission meetings). 
 
b) Preventive actions against piracy (not enumerated). 
 
c) Public campaigns against piracy. 
 
d) Analysis of the efficacy of existing Spanish legislation. 
There is an emphasis on more effective police action, and the 
prosecution of street piracy. 
 
e) The establishment of mechanisms for training of officials 
involved in combatting intellectual property rights 
violations. 
 
2. The plan was welcomed by General Society of Authors and 
Writers (SGAE), the Record Company Association (AFIVE), the 
Association of Composers and Authors of Music (ACAM), the 
Artists Management Society of Spain (AIGE), the anti-piracy 
Roundtable, and various artists.  The local Business Software 
Alliance (BSA) representative told EconOff that this was a 
positive step.  He had discussed with Charge (reftel) the 
need for a French-style plan including all the relevant 
stakeholders to combat piracy, and industry seems to have 
gotten what it wanted. 
 
3. Comment: This initiative tracks with some of the copyright 
industry's desires (reftel), although the issue, as is 
usually the case with intellectual property protection, is to 
what extent good intentions are implemented. We will be 
consulting with the GOS and industry over the coming weeks 
and months regarding the propects for this plan.  With 
respect to possible USG assistance, we will continue to work 
with U.S. Customs and relevant Spanish authorities to see if 
there is interest in having a U.S. Customs official exchange 
experiences with Spanish authorities on how to track blank CD 
imports. 
 
 
MANZANARES