US embassy cable - 03ANKARA3072

UNCLAS SECTION 01 OF 02 ANKARA 003072 
 
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 
SUBJECT:  Special 301 Demarche: Culture Ministry's Plans 
to Combat Copyright Piracy 
 
 
Ref:  State 111529 
 
 
1. (U) This cable contains an action request.  Please 
see para 10. 
 
 
2. (U) Summary:  At a meeting to discuss the decision to 
keep Turkey on the Special 301 Watch List, a Turkish 
copyright official acknowledged increased copyright 
piracy and outlined a series of steps to improve both 
the legal/regulatory regime and enforcement.  End 
Summary. 
 
 
3. (SBU) Econoff and Econ Specialist met with Gunay 
Gormez, of the Culture Ministry's Copyright Office, on 
May 8 to deliver the Special 301 demarche for Turkey. 
Gormez agreed that copyright piracy has worsened in some 
areas, but outlined a series of measures that should 
begin to turn this situation around. 
 
 
4. (SBU) Increased Piracy:  Gormez acknowledged a 
general increase in pirated products in Turkish markets 
over the last year.  She attributed this to:  1) 
insufficient penalties for pirate producers, despite the 
deterrent penalties included in the Copyright Law: 
pirates have been assigned weaker penalties contained in 
the older Cinema Law; 2) lack of training for the 
judges, prosecutors, customs officers and for the 
public; and 3) inadequate use of the provincial 
copyright inspection units, caused by resource 
shortages.  Pointing to the Business Software Alliance' 
success in cutting piracy in Turkey from 94 to 58 
percent over the last two years, Gormez opined that the 
Ministry could achieve a sharp reduction in piracy in 
other sectors by implementing the following measures: 
 
 
5. (SBU) New Optical Media Regulation:  Gormez told us 
the GOT had prepared a draft regulation calling for the 
use of optical media codes in video and music products. 
All recording facilities will be required to receive 
authorization documents from the Ministry of Culture to 
carry out their activities under this regulation, and to 
use code numbers for all compact disks as a copyright 
protection measure.  This should make it easier for the 
law enforcement units and the Ministry of Culture to 
detect pirated products, as well as the recording 
facilities producing them.  The Ministry of Culture has 
received favorable opinions from the professional unions 
and other GOT agencies regarding this regulation and 
hopes to issue it soon.  Econoff requested that Culture 
provide us with a copy of the regulation as soon as 
possible. 
 
 
6. (SBU) Registration Regulation:  Gormez reported that 
the Ministry has developed a draft regulation on 
mandatory/voluntary registration of copyright products. 
Registration will be mandatory for musical and cinematic 
works, and voluntary for others (such as some computer, 
architecture and fashion designs).  The registration 
system is to facilitate payment of royalties and 
tracking of copyright. 
 
 
7. (SBU) Amendment to Cinema Law:  The Ministry is 
preparing to amend the copyright-related parts of the 
Cinema Law which will ensure that copyright violators 
are subject to the more stringent penalties contained in 
the Turkish copyright law. 
 
 
8. (SBU) Training:  Gormez maintained that Culture 
Ministry training for law enforcement officials dealing 
with intellectual property will also help reduce piracy. 
Last year, the Ministry briefed eight judges from 
specialized intellectual property courts on copyright 
protection.  These judges are currently on an EU- 
financed, long-term training program in Europe.  The 
Ministry is also planning to train Customs officers, 
including at major border gates, and the provincial 
copyright inspection teams.  The Ministry is working on 
software to enable customs officers to check the 
validity of banderoles for copyright products in 
realtime.  Gormez added that the Culture Ministry has 
received additional funds to support provincial 
inspection units, and that law enforcement activities 
will focus on Turkish resort areas during the summer 
season. 
9. (U) Embassy plans to meet with the Patent and 
Trademark Institute on trademark piracy issues 
identified in the Special 301 announcement in the near 
future. 
 
 
10. (U) Action Request for Department/USTR:  Please 
provide Embassy with the text of model optical media 
legislation, if available.  Pearson