Page:Special 301 Report 2014.pdf/44

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Algeria

Algeria remains on the Priority Watch List in 2014. The United States welcomes Algeria's intensive work on intellectual property awareness, its accession to the WIPO Internet Treaties, and improved coordination of enforcement agencies and looks forward to seeing tangible results from this work. However, Algeria's ban on a number of imported pharmaceutical products and medical devices in favor of local products is a trade matter of paramount concern, and is the reason Algeria remains on the Priority Watch List. The United States looks forward to continuing its engagement with Algeria, including in the context of Algeria's efforts to accede to the WTO, and urges Algeria to remove this market access barrier.

Argentina

Argentina remains on the Priority Watch List in 2014, a position it has occupied since 1996. Argentina has made little progress in improving protection and enforcement of intellectual property rights over the past year. Significant concerns remain with respect to the high levels of piracy and counterfeiting, including in the digital environment, and the lack of political will to address the situation, although Argentina's customs and tax authority (AFIP) has conducted some enforcement operations. A prime example of the absence of even basic enforcement of IP laws is the continued growth and expansion of the Notorious Market La Salada, and its owners' ability to continue operating with impunity. Delays in the acquisition of IP rights, and a lack of transparency for patentability criteria, also raise concerns. Argentina's patent application backlog is growing, a problem that could be alleviated by Argentina's accession to the Patent Cooperation Treaty (PCT), if the political will to do so existed. Argentina also fails to provide effective protection against unfair commercial use or unauthorized disclosure of test and other data generated to obtain marketing approval for pharmaceutical products. The United States looks forward to continuing to work with Argentina to address these and other issues.

Chile

Chile remains on the Priority Watch List in 2014. The United States continues to have serious concerns regarding outstanding IPR issues under the United States-Chile Free Trade Agreement. The United States continues to urge Chile to implement an effective system for addressing patent issues expeditiously in connection with applications to market pharmaceutical products. The United States also continues to urge Chile to implement both protections against the unlawful circumvention of technological protection measures and protections for encrypted program-carrying satellite signals. Chile must also ensure that effective administrative and judicial procedures, as well as deterrent remedies, are made available to rights holders and satellite and cable service providers, including measures to address ongoing concerns with decoder boxes. The United States also urges Chile to provide adequate protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products. Finally, the United States urges Chile to amend its Internet service provider (ISP) liability regime to permit effective action against piracy over the Internet and to also take steps to improve the protection of plant varieties. The United States

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