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Viewing cable 07BERLIN1247, GERMAN AND EPO RESPONSE TO WIPO DEMARCHE

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Reference ID Created Released Classification Origin
07BERLIN1247 2007-06-22 13:24 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Berlin
VZCZCXRO3244
RR RUEHAG RUEHDF RUEHLZ
DE RUEHRL #1247/01 1731324
ZNR UUUUU ZZH
R 221324Z JUN 07
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC 8613
INFO RUCNFRG/FRG COLLECTIVE
RUEHGV/USMISSION GENEVA 1370
RUCNDT/USMISSION USUN NEW YORK 0482
UNCLAS SECTION 01 OF 02 BERLIN 001247 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
FOR IO/T NAMDE 
 
E.O. 12958: N/A 
TAGS: ETRD KIPR WIPO SZ GM
SUBJECT:  GERMAN AND EPO RESPONSE TO WIPO DEMARCHE 
 
REF: STATE 80345 
 
ENTIRE TEXT IS SENSITIVE BUT UNCLASSIFIED, NOT FOR 
INTERNET DISTRIBUTION 
 
1.  SUMMARY: Embassy Berlin discussed holding WIPO 
DG accountable for his actions as requested in 
reftel.  Ministry of Foreign Affairs contacts voiced 
support for the USG view but also discussed the 
delicacy of Germany's position, due to its ongoing 
role as President of the European Council. 
Specifically, Germany will have difficulty in 
strongly advocating something that other large EU 
member states oppose.  The Ministry also advised 
that support from major developing countries (e.g., 
India, Brazil, or China) would help solidify a 
European consensus in support of the U.S. position. 
Consulate General Munich delivered points to the 
President of the European Patent Office (EPO) which 
promised to take the matter under consideration. 
However the EPO stated its role as that of a 
technical organization and is hesitant to enter into 
such an issue fraught with political consequences 
that is opposed by some of its member states.  END 
SUMMARY. 
 
GERMAN FOREIGN MINISTRY REACTION 
-------------------------------- 
 
2.  On June 21, Econoff delivered points to the 
Foreign Ministry's Head of Section for Civil, 
Economic and Worker Rights Goetz Schmidt-Bremme and 
Maren Becker, who covers WIPO issues in the 
ministry.  Schmidt-Bremme and Becker said they are 
aware of the controversy surrounding WIPO DG Idris. 
Schmidt-Bremme added that Germany in principle 
supports the USG calls for accountability in this 
case.  However, as current President of the European 
Council, he cautioned that it would be difficult for 
Germany to go its own way on such an issue without 
the consensus of major European powers with 
historical ties to developing African countries, 
such as France and Portugal.  In order to form a 
European consensus to support the U.S. proposal for 
accountability in this case, Schmidt-Bremme said it 
would be especially helpful to have the support of a 
major developing country, such as China, Brazil or 
India to bolster the USG position and defuse claims 
of racism.  Schmidt-Bremme said he would convey our 
position to their mission in Geneva. 
 
EPO POSITION 
------------ 
 
3.  ConGen Munich Pol/Econoff met with European 
Patent Office (EPO) President Dr. Alain Pompidou on 
June 18 and delivered the points in reftel. 
Pompidou expressed appreciation for the U.S. 
position but explained that EPO is a "technical 
organization, not a political one."  He added that 
while the EPO participates to some degree as an 
observer in WIPO, it is not a voting member, and its 
membership does not precisely overlap with WIPO 
membership.  However, he promised to take the U.S. 
position under consideration.  Pompidou also asked 
if the U.S. anticipated particular region-specific 
reactions to our request that Idris be held 
accountable, noting that he believed Idris to be a 
Muslim, which might make it difficult to marshal the 
support of the Islamic world. 
 
4.  Without commenting directly on the charges 
against Idris, Head of the EPO President's Office C. 
J. McGinley said the EPO shared the U.S. view that 
for an effective international intellectual property 
protection system, there must be transparency and 
good governance in the organizations that uphold 
that system.  He added that a well-functioning WIPO 
is very important to the EPO, as there is strong 
interdependence between organizations on 
intellectual property issues.  McGinley continued 
that the U.S. had recently argued for due process in 
a similar situation (an apparent reference to 
Wolfowitz and the World Bank), and noted Idris 
should be accorded the same consideration. 
Pol/Econoff responded that while the U.S. believed 
Idris' personal credibility -- and by extension 
WIPO's credibility -- had suffered to such a degree 
 
BERLIN 00001247  002 OF 002 
 
 
that we believed Idris should resign for the good of 
the organization, the U.S. was not arguing against 
due process and was open to discussion of the best 
course of action regarding Idris' future. 
 
5.  COMMENT:  While the professional staff of the 
EPO would likely want to see greater transparency 
and accountability in WIPO to further international 
intellectual property protection, the EPO is, at the 
end of the day, beholden to the views of the nations 
that make up its membership. 
 
6.  This demarche was coordinated with CG Munich. 
 
KOENIG