CONFIDENTIAL
011343 MDHIAN 2910
TALKING. BUT BOTH SIDES KNEW THAT THERE WAS A GREAT DEAL AT STAKE, AND BAKER MADE IT VERY CLEAR TO THE CHINESE THAT HE WOULD HAVE TO
HAVE SOMETHING TO SHOW FOR HIS VISIT WHEN HE RETURNED TO THE UNITED STATES.
MAJOR ISSUES.
MTCR.
7. ROY DREW ATTENTION TO THE RELEVANT PASSAGE IN THE COMMUNIQUE, STRESSING THAT THE CHINESE HAD SAID THAT THEY INTENDED TO OBSERVE
BOTH THE GUIDELINES AND THE PARAMETERS OF THE MTCR. THERE HAD BEEN
A GAP BETWEEN THE LANGUAGE USED BY BAKER IN HIS STATEMENT AND THAT
EMPLOYED BY THE CHINESE TO DESCRIBE CHINA'S ADHESION TO MTCR GUIDELINES AND PARAMETERS (SEE PARAGRAPH 5 OF MY TUR).
THE EMBASSY HAD FOLLOWED UP WITH THE FOREIGN MINISTRY WHO HAD CONFIRMED THAT THE WORDING USED BY BAKER (''THE CHINESE HAVE TOLD US THAT THEY INTEND TO OBSERVE THE MTCR GUIDELINES .....'') WAS
CORRECT, ALWAYS PROVIDED THE US REMOVED THE PROLIFERATION
SANCTIONS IMPOSED IN JUNE.
NPT.
8.
THE CHINESE HAD INITIALLY SAID THAT THEY WERE WILLING TO MOVE AHEAD WITH RATIFICATION BUT COULD NOT COMMIT THE NPC.
THE AMERICANS HAD INSISTED ON A POSITIVE STATEMENT OF THE CHINESE GOVERNMENT'S POSITION AND HAD OBTAINED COMMITMENTS THAT THE CHINESE GOVERNMENT WOULD 'STRONGLY RECOMMEND '' RATIFICATION AND THAT THEY WOULD COMPLETE THE FORMALITIES OF ACCESSION WITHIN THREE MONTHS OF NPC APROVAL. THEY HAD CLAIMED THAT THREE MONTHS WERE NEEDED BECAUSE THE NEW YEAR AND SPRING FESTIVAL HOLIDAYS WOULD EFFECTIVELY PUT A STOP TO ANY WORK FOR A MONTH IN THE EARLY PART OF 1992.
INTELLECTUAL PROPERTY RIGHTS.
9 EXPANDING ON BAKER'S STATEMENT, ROY SAID THAT THE CHINESE HAD AGREED IN PRINCIPLE TO ACCEDE TO THE BERNE CONVENTION AND THE GENEVA CONVENTION ON SOUND RECORDINGS: TO GIVE THE SAME PROTECTION TO COMPUTER SOFTWARE AS IS ACCORDED TO LITERARY AND ARTISTIC RIGHTS UNDER THE BERNE CONVENTION: AND TO PROVIDE PATENT PROTECTION FOR PHARMACEUTICALS AND CHEMICALS. THE MAIN ARGUMENT HAD BEEN OVER THE
LENGTH OF A TRANSITION PERIOD. IN DISCUSSION UP TO THE TIME OF
THE MASSEY VISIT (MY TELNO 1809) THE CHINESE HAD BEEN TALKING ABOUT
FIFTEEN YEARS. THE US SIDE HAD MADE IT CLEDAR THAT THIS WAS
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