Page:Special 301 Report 2014.pdf/45

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looks forward to continuing to work with Chile to resolve these and other issues, including through the TPP negotiations.

Indonesia

Indonesia remains on the Priority Watch List in 2014. Indonesian authorities have continued educational outreach to the public to advance IPR awareness and have engaged with the United States through the IPR Working Group under the United States-Indonesia Trade and Investment Framework Agreement to develop an action plan to improve IPR protection and enforcement to address high levels of IPR infringement in Indonesia. The United States welcomes reports of enforcement raids conducted against counterfeit and pirated goods, as well as a reported increase in actions against counterfeit and substandard pharmaceutical products. However, the United States remains concerned about gaps in Indonesia's laws relating to the protection and enforcement of IPR, and urges Indonesia to address these issues. The United States is also concerned that Indonesia's IPR enforcement efforts, despite the raids mentioned above, have not been effective in addressing rampant piracy and counterfeiting, reflected in growing piracy over the Internet and widely available counterfeit pharmaceutical products. The United States urges Indonesia to take steps to address inefficiencies in its judicial and prosecutorial systems which include a lack of transparency and deterrent-level sentences. In regard to cable piracy, Indonesia has conducted outreach to raise public awareness about unauthorized distribution of cable signals and Indonesia's continuing licensing process. However, these efforts have had little or no impact to date on widespread cable piracy. The United States continues to encourage Indonesia to provide an effective system for protecting against the unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products. The United States also remains concerned about market access barriers in Indonesia, including measures that appear to condition permissions to import medicines on at least partial local manufacturing or technology transfer requirements. Other measures that could restrict market access relate to the importation of motion pictures. The United States remains concerned by Indonesian government statements indicating that Indonesia failed to abide by Indonesian legal procedures in issuing a compulsory license decree in 2012, and indicating that Indonesian patent law does not require individual merits review in connection with the grant of compulsory licenses. The United States further encourages Indonesia to provide for judicial or other independent review of any compulsory license authorizations. The United States looks forward to working with Indonesia on these and other matters.

Pakistan

Pakistan remains on the Priority Watch List in 2014. Although Pakistan has continued its efforts to advance IPR enforcement, including through raids, seizures, and arrests by various enforcement authorities, there have not been significant improvements in its overall IPR protection. Pakistan has not yet fully implemented the Intellectual Property Organization of Pakistan Act of 2012 (IPO Act). Notably, Pakistan has yet to establish the specialized IP tribunals and an operational IPO Policy Board provided for under the IPO Act. Widespread

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