US embassy cable - 05SOFIA874

UNCLAS SOFIA 000874 
 
SIPDIS 
 
 
STATE FOR EUR/NCE BRANDON; EB/TPP/IPE JURBAN; SWILSON 
STATE PLEASE PASS TO USTR ERRION 
COMMERCE FOR SAVICH 
 
E.O. 12958: N/A 
TAGS: KIPR, ECON, ETRD 
SUBJECT: BULGARIA: 2005 SPECIAL 301 NOTIFICATION 
(INTELLECTUAL PROPERTY) 
 
REF: STATE 79038 
 
1. ACTION REQUEST IN PARA 5. 
 
2.  On April 29, we informed Deputy Minister Parvanov, 
Ministry of Economy, and Chavdar Zhenchev, MFA's America's 
Directorate, of the decision to place Bulgaria on the Watch 
List for 2005.  We delivered the points in reftel verbally, 
and left them as a non-paper.  GOB officials' expressed 
pleasure at not being bumped up to the Priority Watch List 
(PWL).  We reminded them that they have a long way to go, and 
could very well be on the PWL next year unless serious, 
immediate action is taken to address intellectual property 
problems. 
 
3.  Parvanov said he would begin work on an Action Plan 
immediately to address many of the issues in the demarche, as 
well as other ideas for improving the enforcement regime, 
moving legislation ahead, etc.  Although Parvanov told us he 
will likely not return to the Ministry after the June 
elections, he said he wanted to start the process now because 
his replacement might not be immediately committed to this 
issue.  Zhenchev promised the MFA will continue to pass 
information and press the responsible agencies, but the MFA 
does not have much direct authority in this area.  We will 
deliver soon the information to other related agencies. 
 
4.  In a subsequent meeting with Valerie Yotov, MFA's 
Director of the America's Division, Yotov said Bulgaria's 
goal is not just to avoid the PWL, but to get off the Watch 
List completely.  He added that the Bulgarian parliament was 
well aware of our concerns regarding the draft IPR law now 
under consideration.  He said parliament would also consider 
this month a change to the Penal Code that would criminalize 
possession or storage of "commercial quantities" of pirate 
CDs. 
 
5.  COMMENT:  Although we encouraged the GOB to begin 
drafting an Action Plan now, we do not hold out much hope 
that it will be completed soon.  In addition, any plan will 
have to be vetted by, and receive the imprimatur of, the 
incoming government.  We do not expect any firm commitments 
to an Action Plan until late summer/early fall.  ACTION 
REQUEST: We would appreciate versions of action plans 
submitted by other countries which could be used as a model 
for Bulgaria, i.e., Slovakia.  END COMMENT/ACTION REQUEST