DE RUEHSO #0577/01 1440942
ZNR UUUUU ZZH
P 240942Z MAY 06
FM AMCONSUL SAO PAULO
TO RUEHC/SECSTATE WASHDC PRIORITY 5127
INFO RUEHBR/AMEMBASSY BRASILIA 6256
RUEHMN/AMEMBASSY MONTEVIDEO 2001
RUCPDOC/USDOC WASHDC 2439
RUEHBU/AMEMBASSY BUENOS AIRES 2264
RUEHSG/AMEMBASSY SANTIAGO 1728
RUEHLP/AMEMBASSY LA PAZ 2819
RUEHRG/AMCONSUL RECIFE 2949
RUEHRI/AMCONSUL RIO DE JANEIRO 7136
RUEHAC/AMEMBASSY ASUNCION 2591
RUEATRS/DEPT OF TREASURY WASHDC UNCLAS SECTION 01 OF 03 SAO PAULO 000577
DEPT FOR WHA/BSC, EB/TPP/IPE, AND INL/C
STATE PASS TO USTR FOR MSULLIVAN
STATE PASS TO USPTO/OLIA
USDOC FOR 4332/ITA/MAC/WH/OLAC/JANDERSEN/ADRISCOLL/MWAR D
USDOC FOR 3134/ITA/USCS/OIO/WH/RD/SHUPKA
TREASURY FOR OASIA, DAS LEE AND FPARODI
NSC FOR SUE CRONIN
E.O. 12958: N/A
SUBJECT: Building on Momentum: Sao Paulo Forms IPR Working Group
1. (U) Through sustained outreach over the last year, Post has
successfully raised the profile of IPR problems in the consular
district and forged relationships with local business and law
enforcement interlocutors as effective means for encouraging
improved IPR protection. To build on recent successes, Post created
an interagency IPR Working Group (IPRWG) to help strategize and
coordinate post's efforts in the IPR arena. The IPRWG takes a broad
view of IPR efforts, addressing copyright, patent, and trademark,
with a special emphasis on public outreach. The recent arrival of
both a National Standards Officer and a DHS Immigration and Customs
Enforcement (DHS/ICE) Agent along with the anticipated arrival of a
Patent and Trademark Officer later this year should provide a
fill-up to our efforts to build on recent momentum in the IPR arena.
We also hope to use the Sao Paulo stop of Commerce Secretary
Gutierrez's upcoming three-city visit to Brazil to advance this key
mission objective. END SUMMARY.
SAO PAULO AND SOUTHEAST: BRAZIL'S COMMERCIAL AND PIRACY CENTER
2. (U) The commercial heart of South America, Sao Paulo is the most
prosperous and influential state in Brazil and the home to many of
Brazil's business and industrial leaders. Sao Paulo and the rest of
its southeast neighbors are also leaders in piracy given the area's
population density, relative affluence, and "Tri-border area," the
principal gateway for counterfeit goods to enter Brazil from
Paraguay. As headquarters to both the governing (PT) and opposition
(PSDB) parties, Sao Paulo also exhibits significant political
weight. In this context, ConGen Sao Paulo is working to change the
IPR landscape here, cognizant that results within our consular
district can make a major contribution to reducing piracy and
improving IPR protection overall within Brazil. The IPRWG is at the
heart of this ongoing IPR strategy, and we will periodically report
on its challenges, actions, and successes.
RECENT ACTIONS IN THE SAO PAULO CONSULAR DISTRICT
3. (U) POLITICAL LEVEL ENGAGEMENT: Sao Paulo has been active in
engaging public officials regarding state and local IPR policies,
with emphasis in the following areas:
-- STATE PIRACY COUNCILS: When Brazil's National Council for
Combating Piracy and Other IP Crimes (CNCP) formulated its Action
Plan in early 2005, copyright industry council members were
successful in including in that plan a commitment to seek
establishment of state anti-piracy councils. It was envisioned that
these state councils would focus and organize local anti-piracy
efforts while coordinating with the CNCP in support of national
goals. However, formation of these councils has been slow.
Outreach by the CG to state political level officials in Sao Paulo
was instrumental in getting that state's IPR council finally off the
ground in January 2006. The CG has also pressed for formation of a
state piracy council in meetings with the Governor of Santa Catarina
and the subject will feature prominently in upcoming meetings with
the Governors of Parana and Mato Grosso do Sul. We will continue to
push for every state in Sao Paulo's Consular District to create an
operating State Piracy Council.
-- NATIONAL POLITICAL PARTIES: As Sao Paulo is home to both the
ruling party (PT) and the principal opposition party (PSDB), ConGen
enjoys excellent access to political insiders. The CG pressed IPR
issues in recent meetings with key PSDB and PFL officials. While
piracy is unlikely to be a prominent campaign issue, visits such as
these have helped ensure that IPR remains on the political radar
screen during a presidential election year.
-- MUNICIPAL LEVEL: Post's political outreach extends to the
municipal level as well. Coinciding in the second half of 2005 with
CNCP's campaign to intensify retail level police raids in Sao Paulo,
Rio de Janeiro, Recife, Belo Horizonte and Brasilia, the CG's
SAO PAULO 00000577 002 OF 003
discussions with then-Mayor of Sao Paulo (now gubernatorial
candidate) Jose Serra, ensured swift and focused police action
against pirate retail centers in Sao Paulo that had been identified
as priorities by U.S. copyright industries. After high-profile
raids in the "Stand Center," the Mayor called to thank the CG for
bringing the piracy problem there to his attention and asked to
"keep the tips coming." Mayor Serra placed Andrea Matarazzo, PSDB
insider and Assistant Mayor of downtown Sao Paulo, in charge of
coordinating with the Consulate on matters of enforcement.
Matarazzo has now been elevated to the position of coordinator of
all the city's sub-mayoralties, ensuring that IPR issues will be
pursued more broadly throughout Sao Paulo city.
-- FOZ DE IGUACU: Former Ambassador Danilovich's 2005 visit to the
Tri-border, including meetings with the local Federal Customs
director, the chief of intelligence for Customs, and Brazil's
Federal Intelligence Agency (ABIN), reinforced the importance the
USG attaches to improvements in reducing piracy in this area.
(Note: INL training funds have been set aside in the area, but a
program is not underway yet. End Note.)
4. (U) LAW ENFORCEMENT OUTREACH: Post developed important law
enforcement contacts over the last year. These contacts have opened
the door for increased collaboration between local law enforcement
officials (police and customs) and DHS on piracy, smuggling and
money laundering issues.
-- POLICE: EconOffs and post's DHS/ICE agent recently met with
Mario Jordao Toledo Leme, the police chief in charge of the downtown
Sao Paulo area, which contains the precincts most active in terms of
media piracy and counterfeit investigation. As a result of a
request made by Leme, DHS officials have agreed to assistance with
investigations and prosecutions, particularly in implementing newly
enacted state's evidence laws in piracy cases.
-- CUSTOMS AND PORTS: The presence of Customs and Border Patrol
(CBP) officials at the port of Santos, as part of the Container
Security Initiative, has helped to elevate awareness of smuggling
generally, and has been an asset for Brazilian Customs officials in
coordinating counterfeit investigations. EconOffs and DHS personnel
have recently visited a number of ports, both sea and air, to
discuss piracy enforcement with Customs officials and port
authorities. Customs and port officials have been very responsive
to our inquiries regarding IPR enforcement and are open to future
collaboration, including training opportunities.
5. (U) TRAINING AND PUBLIC OUTREACH: U.S.-funded training is
improving the anti-piracy skills of local law enforcement officials,
and U.S. speakers and official visitors help expand IPR awareness.
-- IPR ENFORCEMENT TRAINING: In partnership with the local
Association for the Defense of Intellectual Property (the Motion
Picture Association's enforcement group), AmEmbassy Brasilia is
organizing five IPR enforcement training sessions to be held
throughout Brazil this year with INL funding. Two sessions, which
will reach about 80 law enforcement officers, will be held in Sao
Paulo's consular district -- in Porto Alegre and Sao Paulo.
-- U.S. SPEAKERS: In a recent visit, ex-Congresswoman and
President of the Association of American Publishers (AAP) Patricia
Schroeder met with a working group to discuss fair use issues, and
gave a keynote address on protecting copyrights in the publishing
field at an event hosted by the Brazilian Association of Author's
Rights. Much of the discussion focused on copyright protection for
digital works and on using U.S. experience in crafting Brazilian
fair use rules. Mrs. Schroeder provided as an example an agreement
worked out between U.S. Universities and the AAP entitled "Campus
Copyright Rights and Responsibilities." The Public Affairs Section
has translated this document into Portuguese, and will be working
with Brazilian publishers and copyright associations on ways to
reduce piracy in the publishing field. The event attracted
significant press and helped generate interest in copyright issues
specific to publishing copyright, an area that receives
comparatively little interest in Brazil's IPR discussion. Post
SAO PAULO 00000577 003 OF 003
plans to continue to utilize Public Affairs funding and resources to
bring additional IPR speakers to the consular district.
-- U.S. OFFICIAL VISITORS: Because of its prominence in commercial
affairs, Sao Paulo is a frequent destination for congressional
delegations and other USG visitors. These visits often include an
IPR component. For example, IPR was a major focus of a 2005 visit
to Sao Paulo by Senator Norm Coleman (MN), Chairman of the Western
Hemisphere Sub-Committee of the Senate Foreign Relations Committee.
The Senator met Minister of Development, Industry and Trade Luis
Furlan, and with the powerful Sao Paulo State Federation of
Industries (FIESP), as well as exchanged views with leading IPR
industry executives. The upcoming visit of Commerce Secretary
Gutierrez to Sao Paulo also has a significant IPR component, with
emphasis being given to recent copyright enforcement successes.
6. (U) BUSINESS PARTNERSHIPS: Located in the business capital of
South America, ConGen Sao Paulo is especially well-placed to engage
Brazil's business community. Two of our biggest partners are the
American Chamber of Commerce (AmCham) and FIESP. Both have special
committees focused on IPR issues with whom we engage frequently.
Post also maintains a close working relationship with associations
representing local and U.S. IPR interests, such as the Motion
Picture Association (MPA), the Business Software Alliance (BSA), and
Interfarma. Post and USG visitors actively participate in IPR
outreach events organized by and with these business partners,
including roundtables on piracy and pharmaceutical patent issues.
THE IPR WORKING GROUP
7. (U) INTERAGENCY PERSPECTIVES: Post recently created an IPR
Working Group (IPRWG) to develop a cohesive strategy for
capitalizing in the consular district on the improved IPR policy
environment in Brazil and to address the systemic and cross-cutting
nature of many IPR issues. ConGen Sao Paulo counts with the
presence of several members of the interagency community which deal
with IPR issues, including: State, Commerce (USFCS), Department of
Homeland Security (DHS), and others. Moreover, our numbers at Post
are increasing - e.g., the recent arrival of our National Standards
Officer and the addition of a DHS/ICE Agent. Later this year, Sao
Paulo will welcome a new employee from the U.S. Patent and Trademark
Office (USPTO). Establishment of the IPRWG will build on
interagency synergies, allow for better coordination, and ensure
that Mission policy and guidance is fully disseminated among
sections and agencies at post working IPR issues.
9. (U) FULL-COURT PRESS: Post's IPR approach includes engagement
with policy makers, public outreach, law enforcement, and private
sector players. With the upcoming addition of a USPTO officer, our
efforts will begin to be applied more uniformly, as additional
attention is given to patent and trademark issues.
10. (U) This cable was coordinated with AmEmbassy Brasilia.
This website hosts an archive of all 251,287 US Embassy diplomatic cables that were released by WikiLeaks between November 28, 2010 and September 2, 2011.
While the cables are generally available at http://wikileaks.org/cablegate.html
, we find it hard to search or even navigate the site to read the cables.
We have made all 251,287 cables available here at Dazzlepod with the hope to make it easier for readers to browse, search, share and discuss about the released cables.
The cables are periodically selected and posted to our Twitter page
and Facebook page
for readers to review them.
For comments or questions, please do not hesitate to contact us at firstname.lastname@example.org