Bonum Certa Men Certa

Cablegate: Sarkozy Promotes Monopolies in China, French Government Backs 'Community Patent' (aka EU Patent, Harmonisation)

Cablegate



Summary: The position of the Nicolas Sarkozy regime on intellectual monopolies including patents

POOR CHINA. The West is too obsessed with (afraid of) this highly productive nation that exports almost everything people buy in the shops if it's economic to transport by ship. Japan et al. try to limit China's trade using intellectual monopolies, which can impede domestic production under independent brands (Apple, for instance, is notorious for shutting down competing factories in China under the pretext of "IPR"). In any event, according to the following Cablegate cable (under €¶4), the Nicolas Sarkozy regime "recently ratified the London protocol and would support adoption of a Community patent during its presidency, he said. "Common reflection" on patent harmonization issues was a potential area for TEC discussion. France also was supportive of the International Anti-counterfeiting and Piracy Agreement (?) (ACTA)."



The information came from Novelli, who "had accompanied President Sarkozy to China in late 2007 and the message on IPR had been "very firm." Pushing together for a stronger Chinese approach on IPR was important." Important to who? Surely not the Chinese population.

The position from Paris and EU authorities matters a lot and the cable below is not so out of date. It's also about ACTA.








VZCZCXYZ7332 RR RUEHWEB

DE RUEHFR #0386/01 0641756 ZNR UUUUU ZZH R 041756Z MAR 08 FM AMEMBASSY PARIS TO RUEHC/SECSTATE WASHDC 2152 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

UNCLAS PARIS 000386

SIPDIS

SENSITIVE SIPDIS

DEPARTMENT PASS USTR

E.O. 12958: N/A TAGS: ECON [Economic Conditions], ETRD [Foreign Trade], ENRG [Energy and Power], PREL [External Political Relations], EAGR [Agriculture and Forestry], EUR, FR [France; Corsica] SUBJECT: FRENCH RECEPTIVE TO A/S SULLIVAN'S PITCH ON TEC

REF: 2/11 PARIS POINT ON FRENCH GMO LAW

€¶1. (U) Embassy Action Request Para 14.

€¶2. (SBU) Summary: In February 13-14 meetings French Trade Minister Novelli, MFA Economic Director Masset and PM Diplomatic Advisor Lapouge told A/S Dan Sullivan they would be supportive of the Trans-Atlantic Economic Council (TEC) as an important part of France's EU presidency. On other issues Novelli said France would pay attention to "reciprocity" in EU foreign economic relations during its presidency. France's position on agricultural bio- technology was evolving, with the amended draft law on GMOs recently approved by the French Senate a more "balanced" approach than that of the initial draft. Lapouge said energy supply issues would figure among France's EU presidency priorities and briefed on PM Fillon's early February trip to Kazakhstan. End summary.

Novelli on TEC, 100% Screening, IPR - - - - - - - - - - - - - - - - -

€¶3. (SBU) In a February 13 meeting A/S Sullivan, accompanied by Ambassador Stapleton and SE Boyden Gray, told French Trade Junior Minister Herve Novelli the U.S. hoped France would put the TEC high on its agenda for the French EU presidency. He underscored that the TEC not only could help deepen transatlantic economic relationship by reducing and harmonizing regulatory barriers, but also it has a much broader strategic rationale: enabling the U.S. and EU to more closely coordinate economic policies vis-`-vis rising economic powers. France's endorsement would be key to a successful TEC, and one that helped ensure the institution's longevity. Novelli said the GOF saw the TEC as "very important" and the French presidency could "play a key role" in advancing it. But the May TEC and June U.S.- EU Summit would precede the French presidency and it would be important to focus on these first.

€¶4. (SBU) Novelli described cargo security and IPR as GOF priorities (both in and out of the TEC). U.S. requirements for 100% screening of containers were a top French concern given the "costs it would impose" on trans-Atlantic trade. Novelli saw convergence in U.S. - French interests on IPR. France recently ratified the London protocol and would support adoption of a Community patent during its presidency, he said. "Common reflection" on patent harmonization issues was a potential area for TEC discussion. France also was supportive of the International Anti-counterfeiting and Piracy Agreement (?) (ACTA). Novelli had accompanied President Sarkozy to China in late 2007 and the message on IPR had been "very firm." Pushing together for a stronger Chinese approach on IPR was important.

Environmental Issues - - - - - - - - - -

€¶5. (SBU) In the wake of its late 2007 "Grenelle" environmental pact France would be "exemplary" on cutting carbon emissions. The GOF was considering a variety of eco-taxes (and had already implemented some) as part of this effort. It would use its EU presidency to encourage an "awakening" on the use of such measures among its EU partners. Cuts in CO2 emissions were inevitable, Novelli said, the key would be to do so without impacting French productivity. (Note: Novelli said nothing about France's proposal for a carbon tax on imports from countries that do not impose binding limits on CO2 emissions. End note) A/S Sullivan underscored U.S. - EU convergence on climate change, especially through the Major Economies process.

€¶6. (SBU) Sullivan raised the issue of GMOs, and Novelli said the GOF's position was evolving. The French Senate had passed a "more balanced" amended version of the GMO law than the one presented to parliament (ref). The position of Minister of Ecology and Sustainable Development Borloo was shifting, Novelli claimed, "in spite the views of environmental groups." France's current ban on MON810 "could be lifted," he said, though he did not specify the timing or circumstances of a possible rescission.

Reciprocity - - - - - -

€¶7. (SBU) Novelli previewed other priority issues within his remit for the French presidency. The GOF would pursue a European Small Business Act, to include regulatory simplification and access to public procurement. The GOF had presented its ideas in Brussels to "enrich the debate" and the Commission was preparing an initial draft. The GOF would encourage movement towards freer trade and investment regimes, but on the basis of reciprocity. The GOF wanted Europe to be "as open as our partners," but it would demand a level playing field. Discussion on EU trade defense measures was a possible "element" in France's strategy for pursuing reciprocity.

€¶8. (SBU) France continued to hope for a Doha deal, Novelli said, but it "must be balanced." The GOF felt the Commission had done the "maximum," in fact surpassing negotiating mandates on agriculture and industrial access. France would not "sacrifice its interests" for the sake of a deal. Sullivan underscored very strong U.S. commitment to getting a "good, ambitious" agreement. He also noted the importance of maintaining a public commitment to open trade and investment, saying that foreign direct investment was a net benefit regardless of reciprocal limitations that partners might impose.

TEC Strategic Dialogue Timely - - - - - - - - - - - - -

€¶9. (SBU) In a separate meeting MFA Economic Director Christian Masset echoed Novelli's support for the TEC. He warmed to A/S Sullivan's description of the strategic nature of the TEC as demonstrated by the dialogue that had occurred over lunch at the November meeting. Such dialogue could be particularly useful given that France would host EU summits with a number of key developing economies during its presidency, including China and India.

€¶10. (SBU) Masset expanded on the French EU presidency priorities of climate change and energy. The GOF would look to move forward with Phase II of the Emissions Trading System, the framework directive on renewables, and a directive for carbon capture and storage. To reach 2020 reduction goals, half of the gains would come through the functioning of the ETS, the other half from sectors not covered by the trading system. It would take strong action in both areas to achieve EU goals.

€¶11. (SBU) On energy security, France would "put more emphasis" on dialogue with the Central Asia/Caspian region on diversification. Masset was keen on A/S Sullivan's views on the region, and Sullivan highlighted elements of his latest trip to Turkey, Azerbaijan, and Turkmenistan. Masset and Sullivan also touched on eventual membership of India and China in the IEA (septel).

PM Fillon in Kazakhstan - - - - - - - - - - - -

€¶12. (SBU) PM Fillon's diplomatic advisor Jacques Lapouge briefed Sullivan on the Prime Minister's early February visit to Kazakhstan (the first such visit in 15 years). Calling the trip "pretty encouraging," Lapouge said Fillon brought a message of support for development of westward hydrocarbon supply routes. Supply diversification would, in fact, be a theme of the French EU presidency. Lapouge said Nazarbayev talked to Fillon about shipping product across the Caspian, as well as a possible pipeline skirting the southern shore of the Caspian. He expressed continued interest in a pipeline to Iran.

€¶13. (SBU) On other issues, Lapouge responded positively to A/S Sullivan's briefing on TEC (though an advisor had heard disappointment at EU technical levels over a perceived lack of progress on EU issues at the first TEC). On G8, the former Sous-Sherpa questioned whether there was sufficient follow-through in meeting commitments, notably on ODA. The body's "credibility is at stake," Lapouge thought. On IPR, the Heilegendamm Process must aim high and not be pulled down to the lowest common denominator. Lapouge indicated the French were interested in keeping alive their proposal for a FATF-like body for IPR in G8 discussions.

Embassy Action Request - - - - - - - - - - -

€¶14. (SBU) French views on energy supply diversification opportunities in the Caspian Basin are evolving. With the GOF ready to engage more actively on energy diplomacy in the region during its EU presidency, this is an auspicious time to contribute to French thinking. Post encourages the visit of an appropriate Department, or inter-agency, delegation to Paris in the coming months for in-depth discussions with French counterparts on these issues.

€¶15. (U) A/S Sullivan has cleared this cable.

ROSENBLATT







In the next post we shall look at cables from Brussels.

Recent Techrights' Posts

Red Hat QA Team "Had Shrunk by Half Over the Past Year." (After IBM Divestment)
If Red Hat's workforce is being moved to the East, then RHEL can become a national security problem
 
Slopwatch: Scams, Fake Articles About "Linux", Plagiarism, and Worse
Perhaps some time soon the LLMs or the "Big LLMs" will run out of money (to borrow) and go offline, leaving those slopfarms in a tough place
Gemini Links 04/09/2025: Means of Production and Rusting Out
Links for the day
Links 04/09/2025: Science, Hardware, and Eyes on China
Links for the day
Gemini Links 04/09/2025: Digital Minimalism and Social Control Media
Links for the day
IBM's GNU/Linux Divestment, Based on Hard But Anecdotal Evidence (IBM Fails to Recognise How Much Money It Made and Can Still Make From "Linux")
Love us or hate us, a lot of what we've been saying about Red Hat under IBM turns out to be rather accurate
Links 04/09/2025: Massive Microsoft Staff Cuts (Barely Reported), "Strange Conspiracy Theory Is Reportedly Spreading Inside OpenAI"
Links for the day
Activists Can Win, But Keep an Eye on the Ball and on the Trophy
GitHub is dying, it was a loss-making trap, not free hosting
Gemini Links 04/09/2025: Katrina Remembered, Distracted Driving, and Virtual Economics
Links for the day
At This Point It's No Longer Matthew Garrett But People Who Fund Matthew Garrett (or Companies That Fund His SLAPPs Against My Wife and I)
The only thing worse than misogynists are misogynists who fail to respect other people's right to go on holiday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 03, 2025
IRC logs for Wednesday, September 03, 2025
The UEFI 9/11 - Part VI - This Serious Harm Was Planned for Over a Decade, Not an Accident or Merely Some Misfortune
The term "Serious Harm" is legally meaningful here
GNOME Unfit for Diversity and Inclusion
GNOME's leadership is using "bad words"
Brodie Robertson Addressing the Recently-Discovered Comments
Most people probably knew nothing about this until he wrote a response
Slopwatch: "Open Source" and "Linux" News Faked, Made by Bots and Entered Into Google News
Spam combined with slop about "Linux" has entered Google News
Links 03/09/2025: Microsoft Causes Mass Layoffs Outside Microsoft Also, "Google Can Keep Paying for Firefox Search Deal"
Links for the day
Gemini Links 03/09/2025: calendar.txt, Alhena 5.3.1, and ROOPHLOCH
Links for the day
The Theory That the Man From McKinsey, Whom Red Hat Took From Microsoft a Month Ago as Executive, Wants 'Efficiency' (Lower Salaries)
So far... no "official" word
When Your Site's Articles Are Being 'Cheapened' by Slop as Feature Images
Dr. Farnell should become an advisor to The Register MS
Certificate Authority Let's Encrypt Drops to Only Half a Dozen Capsules and 0.2% of the Whole in Geminispace, Self-Signed is the Way to Go
It used to have hundreds, according to Lupa
Doing to Red Hat What They Already Did (and Still Do) to IBM
there seems to be a drive to hire cheaper staff, and it may be led by somebody Red Hat hired from Microsoft
Links 03/09/2025: Salesforce's Latest Mass Layoffs, 93% in Large Poll at The Register MS Say UK Government Should Dump Microsoft
Links for the day
Preparations for Our 19th Anniversary Have Already Begun
When we get back we'll probably sort out some balloons and venue for the next party
Pleased After 2 Years With team.blue
Moving from a Content Management System (CMS, dynamic) to a Static Site Generator (SSG) was a wise decision that made life so much easier
The Free Software Foundation (FSF) is Being Attacked by Organisations Jealous of Its Principled Stance and Longevity
Nobody is perfect, but imperfection does not instantaneously imply sinister intent
If You Reject the Google Verdict in the US, Then You Should Also Reject the "Modern" Web (Do Something About It)
Gemini Protocol is still open; it cannot be hijacked or subverted because it's frozen by design and by intention
Open Source Initiative IRS Filing: Almost All the Money is Corporate, Stefano Maffuli (Executive Director) Takes About a Quarter of That Money for Openwashing of "AI" Ponzi Scheme
OSI is currently little but a PR/marketing agency of Microsoft
Many People Are "Leaving" Red Hat, Even High-Level Managers
Something is definitely going on at Red Hat
Techrights Has Been Subjected to Calls of Violence (and Death Threats), It Never Condoned Violence
I have no sympathy for people who call violence "free speech" and then get in trouble
Condoning Violent Behaviour and "Free Speech"
perhaps Microsoft Lunduke lost touch with what constitutes violence
Takeaway From the Google Verdict: GAFAM Has Too Much Control (Even Over the US Government and Courts With Government Appointees)
Many people feel disappointed but hardly surprised by the verdict
The Free Software Foundation (FSF) Turns 40 in One Month
As noted a few days ago, several times in fact, many people now recognise the importance of the FSF's mission, even if most people don't know what the FSF is
Many Microsoft "Assets" Are Fabricated Baloney (to Game the Numbers)
At times it seems like what we deal with are many weak patents (on algorithms), valuations or speculations based on hype ("hey hi"), and stocks held by Microsoft and its own staff
"Voluntary" Layoffs at Microsoft (to Game the Numbers, Sugar-Coating a Crisis)
"Employees interested have until the end of October to volunteer."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 02, 2025
IRC logs for Tuesday, September 02, 2025