EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

09.17.11

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

Posted in Cablegate, Europe, Intellectual Monopoly, Patents at 4:44 am by Dr. Roy Schestowitz

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The position from Paris and EU authorities matters a lot and the cable below is not so out of date.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.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 19/10/2018: OpenBSD 6.4 and OpenSSH 7.9 Released

    Links for the day



  2. Ingve Björn Stjerna Has Just Warned That If Team UPC and the European Patent Office Rigged the Proceedings of the German Constitutional Court, Consequences Would be Significant

    The EPO is back to mentioning the Unified Patent Court and it keeps making it abundantly clear that it is only working for the litigation 'industry' rather than for science and technology (or "innovation" as they like to euphemise it)



  3. Links 18/10/2018: New Ubuntu and Postgres

    Links for the day



  4. It's Almost 2019 and Team UPC is Still Pretending Unitary Patent (UPC) Exists, Merely Waiting for Britain to Join

    Refusing to accept that the Unified Patent Court Agreement (UPCA) has reached its death or is at a dead end, UPC proponents — i.e. lawyers looking to profit from frivolous litigation — resort to outright lies and gymnastics in logic/intellectual gymnastics



  5. IAM and IP Kat Are Still Megaphones of Battistelli and His Agenda

    IAM reaffirms its commitment to corrupt Battistelli and IP Kat maintains its stance, which is basically not caring at all about EPO corruption (to the point of actively deleting blog comments that mention such corruption, i.e. 'sanitising' facts)



  6. The EPO Under António Campinos Relaxes the Rules on Software Patenting and the Litigation 'Industry' Loves That

    EPO management, which is nontechnical, found new terms by which to refer to software patents -- terms that even the marketing departments can endorse (having propped them up); they just call it all AI, augmented intelligence and so on



  7. Links 17/10/2018: Elementary OS 5.0 “Juno” Released, MongoDB’s Server Side Public Licence

    Links for the day



  8. Improving US Patent Quality Through Reassessments of Patents and Courts' Transparency

    Transparency in US courts and more public participation in the patent process (examination, litigation etc.) would help demonstrate that many patents are being granted — and sometimes asserted — that are totally bunk, bogus, fake



  9. Ask OIN How It Intends to Deal With Microsoft Proxies Such as Patent Trolls

    OIN continues to miss the key point (or intentionally avoid speaking about it); Microsoft is still selling 'protection' from the very same patent trolls that it is funding, arming, and sometimes even instructing (who to pass patents to and sue)



  10. Links 1610/2018: Linux 4.19 RC8, Xfce Screensaver 0.1.0 Released

    Links for the day



  11. Judge-Bashing Tactics, Undermining PTAB, and Iancu's Warpath for the Litigation and Insurance 'Industries'

    Many inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) leverage 35 U.S.C. § 101 against software patents; instead of putting an end to such patents Director Iancu decides to just serve the 'industry' he came from (a meta-industry where his firm had worked for Donald Trump)



  12. 'Cloud', 'AI' and Other Buzzwords as Excuses for Granting Fake Patents on Software

    With resurgence of rather meaningless terms like so-called 'clouds' (servers/hosting) and 'AI' (typically anything in code which does something clever, including management of patents) the debate is being shifted away from 35 U.S.C. § 101 (Section 101); but courts would still see past such façade



  13. Corporate Media's Failure to Cover Patents Properly and Our New Hosting Woes

    A status update about EPO affairs and our Web host's plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills



  14. Links 15/10/2018: Testing Ubuntu 18.10 Release Candidates, KaOS 2018.10 Released

    Links for the day



  15. USPTO FEES Act/SUCCESS Act Gives More Powers to Director Iancu, Supplying Patents for Litigation 'Business' and Embargo (ITC)

    Corruption of the US patent system contributes to various issues which rely on the extrajudicial nature of some elements in this system; companies can literally have their products confiscated or imports blocked, based on wrongly-granted patents



  16. Court of Appeals for the Federal Circuit Decides That USPTO Wrongly Granted Patents to Roche

    Patent quality issues at the U.S. Patent and Trademark Office (USPTO) — motivated by money rather than common sense — continue to be highlighted by courts; the USPTO needs to raise the bar to improve the legal certainty associated with US patents



  17. Even Judge Gilstrap From Texas is Starting to Accept That Software Patents Are Invalid

    Amid new lawsuits from Texas (e.g. against Citrix) we’re pleased to see that even “reprehensible” Rodney Gilstrap (that’s what US politicians call him) is learning to accept SCOTUS on 35 U.S.C. § 101



  18. Federal Circuit Doubles Down on User Interface Patents, Helps Microsoft-Connected Patent Trolls Curtail the Prime Competitor of Microsoft Office

    Patent trolls that are connected to Microsoft continue to sue Microsoft rivals using old patents; this time, for a change, even the Federal Circuit lets them get away with it



  19. Let's Hope Apple Defeats All the Abstract Patents That Are Leveraged Against It

    Apple can be viewed as a strategic 'ally' against patents that threaten Android/Linux if one ignores all the patent battles the company started (and has since then settled) against Android OEMs



  20. EPO Insider/Märpel Says President Campinos Already Acts Like Battistelli

    Unitary Patent (UPC) is a step towards making the EPO an EU institution like the European Union Intellectual Property Office (EUIPO); but it's not making any progress and constitutional judges must realise that Campinos, chosen by Battistelli to succeed him, is just an empty mask



  21. Quality of Patents Granted by the EPO is Still Low and Nobody Will Benefit Except Lawyers, Jubilant Over Growing Lenience on Software Patents

    Deterioration of patent quality at the EPO — a serious problem which examiners themselves are complaining about — is becoming rather evident as new guidelines are very lenient on software patenting



  22. 100 Days Into the Term of Campinos There is Already an EPO Suicide

    A seventh known suicide at the EPO since the so-called 'reforms' began; the EPO continues to pretend that everything is changing for the better, but in reality it's yet more nepotism and despotism



  23. Links 13/10/2018: Ubuntu Touch OTA-5, MidnightBSD 1.0 Ready

    Links for the day



  24. Links 11/10/2018: PostgreSQL 11 RC1 Released, Librem 5 Loves GNOME 3.32

    Links for the day



  25. Friend Brings a Friend, Boss Becomes Subordinate: the EPO Under António Campinos is Starting to Look a Lot Like Team Battistelli 2.0

    The new President of the EPO contributes to the perception that the Office is a rogue institution. Governance is all in reverse at the Office because it still seems like the Office President bosses the Council rather than be bossed by it (as intended, as per the EPC)



  26. UPC Cowardice: Team UPC Uses Cloaks of Anonymity to Discredit Authors of Scholarly UPC Paper They Don't Like

    Team UPC has sunk to the bottom of the barrel; now it uses anonymous letters in an effort to discredit work of Max Planck Institute staff, in the same way (more or less) that ad hominem attacks were attempted against the filer of the constitutional complaint in Germany



  27. New EPO Guidelines: Granting European Patents on Business Methods, Algorithms, Mental Acts and Other Abstract Stuff

    Keeping so-called 'production' high and meeting so-called 'targets' (allegedly set by Battistelli), Campinos relaxes the rules for "computer-implemented inventions" (one among many misleading terms that mean software patents in Europe)



  28. Open Invention Network is a Proponent of Software Patents -- Just Like Microsoft -- and Microsoft Keeps Patents It Uses to Blackmail Linux Vendors

    OIN loves Microsoft; OIN loves software patents as well. So Microsoft's membership in OIN is hardly a surprise and it's not solving the main issue either, as Microsoft can indirectly sue and "Microsoft has not included any patents they might hold on exfat into the patent non-aggression pact," according to Bradley M. Kuhn



  29. Links 10/10/2018: Unreal Engine 4.21 Preview, Red Hat Openshift Container Platform 3.11

    Links for the day



  30. Links 9/10/2018: Plasma 5.14, Flatpak 1.2 Plan

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts