

Currently released so far... 12646 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
2011/05/01
2011/05/02
2011/05/03
2011/05/04
2011/05/05
2011/05/06
2011/05/07
2011/05/08
2011/05/09
2011/05/10
2011/05/11
2011/05/12
2011/05/13
2011/05/14
2011/05/15
2011/05/16
2011/05/17
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy Niamey
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sapporo
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
AORC
AF
AU
ASEC
AMGT
AS
APER
AR
AEMR
AG
ARF
AJ
AA
AINF
APECO
AODE
ABLD
AMG
ATPDEA
AE
AMED
AGAO
AFIN
AL
ASUP
ASECKFRDCVISKIRFPHUMSMIGEG
AID
ASCH
AM
AORL
ASEAN
APEC
ADM
AFSI
AFSN
ADCO
ABUD
AN
AY
AIT
ACOA
ASIG
AADP
AGR
ANET
ADPM
AMCHAMS
ATRN
ALOW
ACS
APCS
AFFAIRS
ADANA
AECL
ACAO
AORG
AROC
AO
ACABQ
AGMT
AX
AMEX
AFGHANISTAN
AZ
AND
ARM
AQ
ATFN
AMBASSADOR
ACBAQ
AC
AUC
ASEX
AER
AVERY
AGRICULTURE
AFU
BR
BTIO
BY
BO
BA
BU
BL
BN
BM
BF
BEXP
BK
BG
BB
BTIU
BBSR
BRUSSELS
BD
BIDEN
BE
BH
BILAT
BC
BT
BP
BX
BMGT
BWC
CS
CA
CH
CD
CO
CE
CU
CVIS
CASC
CJAN
CI
CPAS
CMGT
CDG
CIC
CAC
CBW
CWC
COUNTER
CW
CT
CR
CY
CNARC
CACM
CG
CB
CM
CV
CIDA
CLINTON
CHR
COE
CIS
CDC
CONS
CF
CFED
CODEL
CBSA
CEUDA
COM
CARSON
COPUOS
CIA
CL
CN
CROS
CAPC
CTR
CACS
CONDOLEEZZA
CICTE
COUNTRY
CBE
CKGR
CVR
COUNTERTERRORISM
CITEL
CLEARANCE
CARICOM
CSW
CITT
CDB
CJUS
CTM
CAN
CLMT
CBC
EAID
ECON
EFIS
ETRD
EC
ENRG
EINV
EFIN
EAGR
ETTC
ECPS
EINT
EPET
ES
EIND
EAIR
EU
EUN
EG
ELAB
EWWT
EMIN
ECIN
ESA
ER
ETRDEINVECINPGOVCS
EAIG
ET
ETRO
ELTN
EI
EN
EUR
EK
EUMEM
ENIV
EPA
ENGR
EXTERNAL
EUREM
ELN
EUC
ENERG
EZ
ERD
EFTA
ETRC
ETRN
EINVECONSENVCSJA
EEPET
EUNCH
ENVR
ESENV
ENNP
ERNG
ENVI
ETRDECONWTOCS
ECINECONCS
EFINECONCS
EXIM
ELECTIONS
ECA
EINVEFIN
ETC
EAP
ECONOMY
EINN
ECONOMIC
EXBS
ECUN
ENGY
ECONOMICS
EIAR
EINDETRD
ECONEFIN
EURN
EDU
ETRDEINVTINTCS
ECIP
EFIM
EAIDS
EREL
EINVETC
ECONCS
ETRA
IC
IV
IAEA
IR
IT
IO
IN
IS
IZ
IMO
IPR
IWC
ICAO
ILO
ID
ICTY
ICJ
INMARSAT
INDO
IL
IMF
IRS
IQ
IA
ICRC
IDA
IAHRC
IBRD
ISLAMISTS
IDP
IGAD
ILC
ITRA
ICTR
ITU
IBET
ITF
INRA
INRO
INTELSAT
IEFIN
IRC
IRAQI
ITALY
ISRAELI
IIP
ITPGOV
ITALIAN
INTERNAL
INTERPOL
IEA
INRB
INR
IZPREL
IRAJ
IF
ITPHUM
ISRAEL
IACI
KBTR
KPAO
KOMC
KCRM
KDEM
KHIV
KBIO
KTIA
KMDR
KNNP
KSCA
KTIP
KWMN
KIPR
KCOR
KRVC
KFRD
KPAL
KWBG
KE
KTDB
KUNR
KSPR
KJUS
KGHG
KAWC
KCFE
KGCC
KOLY
KSUM
KACT
KISL
KTFN
KFLU
KSTH
KMPI
KHDP
KS
KHLS
KSEP
KMRS
KID
KN
KU
KAWK
KSAC
KCOM
KAID
KIRC
KWMNCS
KMCA
KNEI
KCRS
KPKO
KICC
KIRF
KPOA
KV
KDRG
KSEO
KVPR
KTER
KBCT
KFIN
KGIC
KCIP
KZ
KG
KWAC
KRAD
KPRP
KTEX
KNAR
KPLS
KPAK
KSTC
KFLO
KSCI
KIDE
KO
KOMS
KHSA
KSAF
KPWR
KVRP
KENV
KNSD
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KCGC
KVIR
KFSC
KDDG
KPRV
KTBT
KWMM
KX
KMFO
KR
KMOC
KRIM
KCRCM
KBTS
KOCI
KGIT
KNUP
KPAONZ
KNUC
KNNPMNUC
KERG
KTLA
KCSY
KTRD
KNPP
KJUST
KCMR
KRCM
KCFC
KCHG
KREL
KFTFN
KLIG
KDEMAF
KPAI
KICA
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KHUM
KREC
KSEC
KPIN
KESS
KDEV
KWWMN
KOM
KWNM
KRFD
KMIG
KRGY
KIFR
MARR
MOPS
MASS
MX
MNUC
MCAP
MO
MR
MEPP
MTCRE
MAPP
MEPN
MZ
MT
ML
MA
MY
MIL
MD
MASSMNUC
MU
MK
MTCR
MUCN
MAS
MEDIA
MAR
MC
MI
MQADHAFI
MPOS
MARAD
MG
MTRE
MASC
MW
MRCRE
MP
MOPPS
MTS
MLS
MILI
MEPI
MEETINGS
MERCOSUR
MCC
MIK
MAPS
MV
MILITARY
MDC
NATO
NZ
NL
NO
NK
NU
NPT
NI
NG
NEW
NSF
NA
NPG
NSG
NE
NSSP
NS
NDP
NSC
NAFTA
NH
NV
NP
NPA
NSFO
NT
NW
NASA
NORAD
NGO
NR
NATIONAL
NIPP
NZUS
NC
NRR
NAR
NATOPREL
OEXC
OTRA
OPRC
OVIP
OAS
OECD
OIIP
OSCE
OREP
OPIC
OFDP
OMIG
ODIP
OVP
OSCI
OIC
OIE
OPDC
ON
OCII
OPAD
OBSP
OFFICIALS
OPCW
OHUM
OES
OCS
OTR
OSAC
OFDA
PGOV
PREL
PM
PHUM
PTER
PINR
PINS
PREF
PARM
PL
PK
PU
PBTS
PBIO
PHSA
PE
PO
PROP
PA
PNAT
POL
PLN
POLITICAL
PARTIES
PCUL
PAK
PGGV
PAO
PSA
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
PAS
PGIV
PHUMPREL
PDOV
PHUMPGOV
PCI
PTBS
PEL
PG
POLITICS
POLICY
PINL
POGOV
POV
PRAM
PP
PREO
PAHO
PBT
PREFA
PSI
PAIGH
POSTS
PMIL
PALESTINIAN
PARMS
PROG
PTERE
PRGOV
PORG
PS
PGOF
PKFK
PSOE
PEPR
PPA
PINT
PMAR
PRELP
PINF
PNG
PFOR
PUNE
PGOVLO
PHUMBA
PSEPC
PNR
POLINT
PGOVE
PHALANAGE
PARTY
PDEM
PECON
PROV
PGOC
PY
PHUH
PF
PRL
PHUS
RU
RS
RO
RW
RP
RFE
REGION
REACTION
REPORT
RCMP
RM
RSO
ROBERT
RICE
RSP
RF
ROOD
RIGHTS
RIGHTSPOLMIL
RUPREL
RELATIONS
SENV
SU
SCUL
SOCI
SNAR
SL
SW
SMIG
SP
SY
SA
SHUM
SZ
SYRIA
SF
SR
SO
SPCE
SARS
SN
SC
SIPRS
SI
SYR
SEVN
SNARCS
SH
SAARC
STEINBERG
SG
SCRS
SENVKGHG
SAN
ST
SIPDIS
SNARIZ
SNARN
SSA
SK
SPCVIS
SOFA
SANC
SWE
SHI
SEN
TW
TU
TBIO
TSPL
TPHY
TRGY
TC
TT
TSPA
TINT
TERRORISM
TX
TR
TS
TN
TD
TH
TIP
TNGD
TI
TZ
TF
THPY
TP
TBID
TL
TV
TK
TO
TRSY
TURKEY
TFIN
TAGS
UN
UK
UNSC
UNGA
US
UNESCO
UP
UNHRC
UNAUS
USTR
UNDP
UNEP
UNMIK
UY
UNCHR
UNO
UG
UZ
UNPUOS
USEU
UNDC
UNICEF
UV
UNHCR
UNCND
UNCHC
UNCSD
USUN
USOAS
UNFCYP
USNC
UNIDROIT
USPS
USAID
UE
UNVIE
UAE
UNODC
UNCHS
UNFICYP
UNDESCO
UNC
Browse by classification
Community resources
courage is contagious
Viewing cable 05BRASILIA1567,
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #05BRASILIA1567.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
05BRASILIA1567 | 2005-06-10 13:53 | 2010-12-16 06:00 | CONFIDENTIAL | Embassy Brasilia |
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 03 BRASILIA 001567
SIPDIS
STATE FOR WHA/BSC, WHA/EPSC, EB/TPP, EB/IFD/OMA, AND NEA STATE PASS USTR FOR SCRONIN, BPECK, LYANG
USDOC FOR 4332/ITA/MAC/WH/OLAC/JANDERSEN/ADRISCOLL/MWAR D USDOC FOR 3134/ITA/
USCS/OIO/WH/RD/DDEVITO/EOLSON/SHUPKA TREASURY FOR NLEE/FPARODI NSC FOR SHANNON, BREIER, RENIGAR E.O. 12958:
DECL: 06/09/2015
TAGS: KIPR ETRD EAGR EFIN BR IZ WTRO IPR
REF: A) BRASILIA 1507 (NOTAL)
B) SECSTATE 103543
C) SECSTATE 103222
D) BRASILIA 1067
Classified By: Economic Officer Janice Fair, Reasons 1.4 (b) and (d)
¶1. (C) Summary. Ambassador Hugueney of Brazil's Foreign Ministry (Itamaraty) told Ambassador June 6 that U.S. pharmaceutical companies should improve their offers on pricing and/or voluntary licenses for AIDS treatment drugs so as to avoid compulsory licensing by the Ministry of Health (MoH). Hugueney believed movement in the Chamber of Deputies of legislation that would deny patentability to AIDS drugs was likely intended to provide greater leverage to the Ministry of Health in its negotiations with the pharmaceutical companies. The bill's broad political backing, he observed, makes a presidential veto unlikely should the legislation pass. On the WTO Doha Round of trade negotiations, Hugueney said Brazil will submit a "substantially improved" revised services offer the week of June 6. Hugueney expects to take up the post of Brazil's Ambassador to the WTO by late August or early September. Hugueney confirmed Brazil's plan to attend the June 21 to 22 US-EU International Conference on Iraq. End Summary.
¶2. (SBU) On June 6, Ambassador met with Clodoaldo Hugueney, Itamaraty's Under Secretary for Economic and Technological Affairs, to discuss a number of trade issues, principally, pending legislation that would render drugs to prevent and treat AIDS un-patentable, and the continuing threat of compulsory licensing facing the U.S. pharmaceutical companies Gilead Sciences, Abbott Laboratories, and Merck, Sharp & Dohme for their AIDS treatment drugs (ref A). Hugueney was accompanied by his assistant, Miguel Franco, and Otavio Brandelli, Chief of the Ministry's IPR Division. Ecouns, Commoff, and Econoff accompanied Ambassador. AIDS Drugs - Compulsory License Threat and Patent Legislation
¶3. (C) Hugueney, who had just returned from Doha negotiations in Geneva, said Itamaraty is following MoH negotiations with the pharmaceutical companies closely and described them as boiling down to issues of pricing or voluntary license/royalty payments. He noted the intense pressure the GoB is under from civil society, particularly NGOs, to issue compulsory licenses. Hugueney agreed the best outcome would be to avoid compulsory licenses, but opined that to do so would require improved offers on price or voluntary licensing from the companies. (Upon relaying this message to the companies, the Merck representative here told us his company was in the process of preparing a more detailed offer, although he did not say that it would be more forthcoming on prices. As for Gilead and Abbott, they have taken Hugueney's suggestion "under advisement.") Hugueney further advised the companies to maintain a dialog with the MoH to forestall precipitous, politically motivated action by that Ministry, and encouraged them to explain/present their proposals to a wide array of GoB interlocutors.
¶4. (C) When questioned by Ambassador on whether an agreement between the MoH and the pharmaceutical companies would effectively kill pending legislation on patentability of AIDS drugs, Hugueney demurred on a definitive response, but said he did see the two as linked. Hugueney recounted an interview on the O Globo news the prior evening in which the bill's author prefaced his statements by saying the legislation had been given renewed impetus in order to provide greater leverage to the Ministry of Health in its negotiations with the pharmaceutical companies. (Note: On June 1, the Constitution and Justice Committee of the Chamber of Deputies approved a previously dormant bill (PL22/2003) which will exclude from patentability drugs used for the prevention and treatment of AIDS, and the production processes for their manufacture; the bill will now go directly to the Senate unless a request to place the bill before the Chamber plenary is made by 51 deputies within the next five sessions. The bill's language is very general, leaving open for debate whether or not it would be retroactive, and its scope, i.e. does it cover drugs not only for treating AIDS, but also for treating any type of malady afflicting AIDS patients, is similarly unclear. End Note.)
¶5. (C) Although the Lula administration has not formally endorsed the legislation, Hugueney noted it had wide political backing in the Chamber and warned against assuming the bill would move slowly in the Senate. (Note: although the Planalto has not endorsed the bill, the Ministry of Health has publicly lobbied for its passage.) In Hugueney's view, the companies' best hope for a satisfactory outcome would be to work toward a resolution of the licensing issue with the Ministry of Health, rather than allow the legislature to set patent parameters. He underlined the importance of stopping the legislation within the Congress, admitting that political factors would prevent a presidential veto.
¶6. (C) Brandelli reported that the National Confederation of Industries (CNI) was working to mobilize the necessary number of deputies to request that the bill be considered within the Chamber plenary; if successful, this would considerably slow down the approval process -- aside from a full legislative agenda the Chamber is also currently seized with a number of scandals involving Brazilian congressmen -- and allow for a broader debate on the bill's demerits. According to Brandelli, CNI is also willing to work directly with the U.S. pharmaceutical companies to devise a strategy for dealing with the MoH's compulsory licensing threat.
¶7. (C) In a follow-up conversation with Econoff, Brandelli reiterated Hugueney's comments regarding the need for the companies to respond to MoH pricing or voluntary licensing interests saying that investment plans are welcome, but do not address the immediate issues. Gilead has been in close communication with Brandelli and he openly praised the company's proposal, which offers substantial concessions on pricing; he described Abbott's investment plan as great for 2007, but containing nothing concrete for the MoH today. Merck reps have not yet requested a meeting with Brandelli, but did speak with Foreign Minister Amorim's Economic Advisor Antonio Simoes on May 30 as part of a Brazil-U.S. Business Council delegation. When Econoff suggested to Brandelli that no pricing plan may satisfy the MoH if its overriding interest is actually licensing, he pointed out that should the companies need to pursue recourse through Brazilian courts, they will have to demonstrate their good faith efforts in the negotiations to address the MoH's underlying concerns, which the ministry has identified as reliability of supply and pricing.
¶8. (C) Brandelli suggested the companies approach the Minister of Science and Technology, Eduardo Campos, as another possible GoB ally. Despite Itamaraty's advice to engage a number of GoB interlocutors, Brandelli admitted to Econoff that an inter-ministerial working group is being sidelined in the deliberations, which are principally between the Ministry of Health and the Casa Civil, i.e., the office of the President's Chief of Staff. WTO Doha Negotiations
¶9. (C) Hugueney expressed disappointment with a lack of leadership and organization in the agriculture negotiations the week of May 30, and stressed the substantial amount of work that must be completed to formulate a "first approximation" by the end of July. He said the process would require sustained ministerial involvement since "high level officials" appear unable to make key decisions.
¶10. (SBU) Ambassador provided Hugueney with information pertaining to submission of the U.S. revised services offer (ref B). Hugueney described the Brazilian revised services offer, which will be tabled later in the week, as a major improvement, including such sectors as financial, telecommunications, engineering, maritime services, among others. As in the past, he cautioned that Brazil's ability to be forthcoming in services and industrial products (NAMA) negotiations will depend on advances in the agricultural talks.
¶11. (SBU) Hugueney is slated to leave his post as Brazil's chief capital-based WTO negotiator to take up the post of Brazilian Ambassador to the WTO. His nomination is tentatively scheduled to go before the Senate Foreign Affairs Committee the week of June 13 before being forwarded for a plenary vote. If all goes smoothly, Ambassador Hugueney plans to take up his post in Geneva in late August or early September. U.S.-Brazil Soybean Discussions
¶12. (SBU) Due to his Senate confirmation hearings, Ambassador Hugueney will not attend the June 16 bilateral discussions in Washington on soybean support. The Brazilian delegation will be led by Elisabeth Serodio, Secretary of International Affairs in the Ministry of Agriculture; other participants include Flavio Damico (Itamaraty Agriculture and Basic Products Division), and representatives of ICONE (Institute for International Trade Negotiations) as well as the private sector. Hugueney described the upcoming Washington session as a great opportunity for both sides to clear the air on soybean subsidies, and appeared upbeat on the chances for success of the talks. Iraq Conference
¶13. (SBU) Ambassador delivered Ref C demarche on the June 21-22 US-EU International Conference on Iraq in Brussels. Hugueney confirmed Brazil's plan to attend and assured Ambassador the GoB would take into consideration the points of the demarche. Comment
¶14. (C) We are encouraging the U.S. pharmaceutical companies to explore working with CNI on a strategy for better informing the Brazilian Congress about the potential negative consequences of both compulsory licensing and exempting AIDS drugs from patent coverage. However, as Hugueney's comments testify, the debate over patent protection for AIDS drugs is highly political, complicating the GoB's ability to manage the issue as well as the Mission's ability to engage the key GoB decision-makers, which appear to be in the Presidency. (Indeed, the Abbott representative told us that according to his contacts, the impetus for licensing is coming from President Lula himself; a high-level delegation from the company may seek an appointment directly with the president on this issue.) And notwithstanding assurances by Presidential Chief of Staff Jose Dirceu that he would consult with Mission concerning any compulsory licensing decision (ref D), Post believes that at any moment political forces could align so as to prompt precipitous action by the GoB.
¶15. (C) Post understands that USTR is reviewing legal implications for Brazil's international obligations of both potential compulsory licensing and eventual passage of the patent legislation; Washington may want to start considering a range of potential reactions, bearing in mind that allies on this issue do exist within the GoB. We would welcome guidance on the process/procedures the GoB would have to follow should it decide to go the compulsory licensing route. It is ironic that this potential clash on patent rights comes just as cooperation by the GoB in the area of copyright enforcement is finally showing substantial improvement. Danilovich