US embassy cable - 03ANKARA2957

UNCLAS SECTION 01 OF 02 ANKARA 002957 
 
SIPDIS 
 
 
TREASURY FOR OASIA 
STATE FOR EB/TPP/MTA/IPC - WILSON AND EUR/SE 
DEPT PASS USTR FOR DBIRDSEY/KALVAREZ, PATENT AND 
TRADEMARK OFFICE FOR URBAN, LIBRARY OF CONGRESS FOR TEPP 
USDOC FOR ITA/MAC/DDEFALCO 
 
 
SENSITIVE 
 
 
E.O. 12958: N/A 
TAGS: ETRD, KIPR, TU, USTR, WTO 
SUBJECT:  Special 301 Demarche Delivered; GOT Plans to 
Address Data Exclusivity Soon 
 
 
Ref:  State 111529 
 
 
1. (SBU) Summary:  Noting outstanding issues in 
pharmaceuticals, copyright and trademark protection, 
Emboffs informed GOT interlocutors that Turkey will 
remain on the Special 301 Watch List this year.  In a 
change from its earlier position that data exclusivity 
is not required by the TRIPS Agreement, the Health 
Ministry told us it intends to implement this 
protection, with a decision on the modalities to be 
taken in June.  End Summary. 
 
 
2. (SBU) Emboffs met with officials from the Health and 
Foreign Ministries and the Customs Undersecretariat in 
connection with the U.S. decision to maintain Turkey on 
the Special 301 Watch List.  We stressed Turkey's 
obligation under the WTO TRIPS Agreement to implement 
data exclusivity protection for pharmaceuticals as well 
as continuing concerns on enforcement of copyrights and 
trademarks. 
 
 
3. (SBU) In a reversal of the Health Ministry's prior 
position on this subject, Hayriye Mihcak, General 
Director for Pharmaceuticals, acknowledged the 
obligation to implement data exclusivity under TRIPS and 
the EU Customs Union.  She stated that the issue had 
been discussed at a GOT meeting with the private sector 
and EU representatives on April 10.  Following that 
meeting, the GOT solicited input from the private sector 
as to the financial impact of implementing data 
exclusivity.  Pharmaceuticals industry associations 
committed to providing their input on this issue by mid- 
June.  Mihcak told Econoff she expects the GOT to decide 
on when and for what period to implement data 
exclusivity by mid-June, before she leaves for the 
United States on an International Visitors Program on 
IPR issues. 
 
 
4.  (SBU) In a subsequent meeting, Health U/S Necdet 
Unuvar confirmed that Turkey considers itself obligated, 
under both TRIPS and the terms of its Customs Union 
Agreement with the EU, to implement data exclusivity. 
He indicated the MFA was now looking at legal issues 
involved in data exclusivity implementation, but offered 
no timeline for it.  Unuvar also said the GOT was still 
studying the period of protection that data exclusivity 
would provide. 
 
 
5. (SBU) Oya Karakas, MFA Head of Department, 
Multilateral Economic Affairs, told Econoff that the GOT 
would work toward removal of Turkey from the Special 301 
Watch List.  In coming weeks, MFA would meet with 
relevant GOT institutions to develop a plan to address 
intellectual property concerns.  She said the GOT 
intends to implement data exclusivity, but would like to 
obtain private sector input as to the best way of doing 
this. 
 
 
6. (SBU) Mehmet Gucuk, MFA Deputy Director General for 
Bilateral Economic Affairs, told Econoff that the Health 
Ministry believes data exclusivity is not required by 
the TRIPS Agreement.  As for the EU Customs Union 
requirement on data exclusivity, Gucuk acknowledged that 
this issue was prominent in Turkey's economic dialogue 
with the EU.  However, he related that many in the GOT 
believed that Turkey had been overly hasty in making 
commitments to harmonize economic legislation under the 
customs union, including for data exclusivity, and that 
other EU candidate countries had succeeded in obtaining 
lead times to implement data exclusivity.  Comment: 
Gucuk does not follow IPR issues closely, and probably 
did not represent the GOT's current position on data 
exclusivity.  End Comment. 
 
 
7. (SBU) Ercan Saka, General Director for EU and Foreign 
Relations at the Customs Undersecretariat, stated that 
improving the intellectual property regime was a high 
priority for the GOT, but did not elaborate on the GOT's 
plans in this area. 
 
 
8. (SBU) Alp Sevindik, Director for Corporate Affairs, 
Pfizer, confirmed that the Health Ministry has told the 
private sector that it plans to implement data 
exclusivity.  He attributes this to EU pressure, 
including a threat to launch a WTO case.  Sevindik 
expressed concern that, if the GOT decides on delayed 
implementation of data exclusivity, generic producers 
may rush to register products which will gain protection 
before the implementation date. 
 
 
8. (SBU) Embassy plans to meet with the Culture Ministry 
on copyright issues identified in the Special 301 
announcement in the near future. 
Pearson